S.C. Code Ann. § 11-48-20 — SC Code / Title 11 / Chapter 48 / Section 11-48-20
SECTION 11-48-20. Definitions.
Status: in_force

As used in this chapter: (1) "Brand family" means all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors including, but not limited to, menthol, lights, kings, and 100s and includes the use of a brand name alone or in conjunction with another word, trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, a previously known brand of cigarettes. (2) "Cigarette" has the same meaning as in Section 11-47-20(d). (3) "Nonparticipating manufacturer" means a tobacco product manufacturer that is not a participating manufacturer. (4) "Participating manufacturer" has the meaning given that term in Section 11(jj) of the Master Settlement Agreement and all amendments to it. (5) "Qualified escrow fund" has the same meaning as that term is defined in Section 11-47-20(f). (6) "Cigarette distributor" means a person required to pay the tax imposed by Section 12-21-620 or authorized to affix a tax stamp to a cigarette package pursuant to Title 12. (7) "Tobacco product manufacturer" has the same meaning as that term is defined in Section 11-47-20(i). (8) "Units sold" has the same meaning as that term is defined in Section 11-47-20(j).
S.C. Code Ann. § 11-11-150 — SC Code / Title 11 / Chapter 11 / Article 1 / Section 11-11-150
SECTION 11-11-150. Estimated income tax revenues; deductions in calculations; Trust Fund for Tax Relief; appropriation of funds.
Status: reserved

(A) In calculating estimated state individual and corporate income tax revenues for a fiscal year the Board of Economic Advisors shall deduct amounts sufficient to pay the reimbursement required pursuant to: (1) Reserved; (2) Section 12-37-270 for the homestead exemption for persons over age sixty-five or disabled, but not including the portion attributable to school operating millage; (3) Section 12-37-935(B) for manufacturer's additional depreciation; (4) Section 12-37-450 for the inventory tax exemption; and (5) Section 4-10-540(A) for the reimbursement provided for personal property taxes not collected on private passenger motor vehicles, motorcycles, general aviation aircraft, boats, and boat motors. (B) There is established in the State Treasury the Trust Fund for Tax Relief (Trust Fund) which must be maintained separately from the general fund of the State and all other funds. The amounts deducted from state income tax revenues pursuant to subsection (A) are automatically credited to the Trust Fund for the applicable fiscal year. The Board of Economic Advisors shall account for the Trust Fund revenue separately from general fund revenues in reports to the Governor and the General Assembly. (C) The tax as collected must be apportioned to the Trust Fund and to the General Fund in proportion to the reimbursement estimates of the Board of Economic Advisors, as required in subsection (A). (D) An unexpended balance in the Trust Fund at the end of a fiscal year must remain in the Trust Fund. (E) The provisions of this section must not be construed as affecting funding levels for public education. (F) Earnings on the Trust Fund must be credited to the general fund of the State. (G)(1) Nothing in this section prohibits appropriations by the General Assembly of additional revenues to the Trust Fund. (2) Regardless of amounts transferred or appropriated to the Trust Fund for a fiscal year, there is appropriated to the Trust Fund from the general fund of the State any additional amounts necessary to pay the reimbursements due from the Trust Fund.
S.C. Code Ann. § 11-57-500 — SC Code / Title 11 / Chapter 57 / Article 5 / Section 11-57-500
SECTION 11-57-500. Ineligibility to contact with political subdivisions.
Status: in_force

A person that is identified on a list created pursuant to Section 11-57-310, as a person engaging in investment activities in Iran as described in Section 11-57-300 shall be ineligible to contract with any political subdivision of this State, and any contract entered into with a political subdivision of this State shall be void ab initio.
S.C. Code Ann. § 11-45-90 — SC Code / Title 11 / Chapter 45 / Section 11-45-90
SECTION 11-45-90. Reports by investor groups to Venture Capital Authority; contents.
Status: in_force

Each designated investor group shall provide an annual report to the authority with that information as may be required by the authority, and which shall: (1) include an annual audit of the activities conducted by the designated investor group; (2) document and review the progress of the designated investor group in implementing its investment plan; (3) list any use, redemption, or transfer of tax credits allowed under this chapter; (4) include a schedule of the rates of return, net of total investment expense, on assets held by the designated investor group pursuant to this chapter overall and on those assets aggregated by category over the most recent one-year, three-year, five-year, and ten-year periods, to the extent available; and (5) include a schedule of the sum of total investment expense and total general administrative expense for the fiscal year incurred and expressed as a percentage of the fair value of assets of the designated investor group held pursuant to this chapter on the last day of the fiscal year, and an equivalent percentage for the preceding five fiscal years, if applicable.
S.C. Code Ann. § 11-15-570 — SC Code / Title 11 / Chapter 15 / Article 5 / Section 11-15-570
SECTION 11-15-570. Use of bonds to pay taxes.
Status: in_force

The governing body of the issuer may provide in the proceedings taken in connection with the issuance of refunding bonds that either the bonds or the coupons shall be receivable for taxes due to the issuer during the year in which they respectively mature.
S.C. Code Ann. § 11-35-5250 — SC Code / Title 11 / Chapter 35 / Article 21 / Section 11-35-5250
SECTION 11-35-5250. Progress payments and letters of credit.
Status: in_force

(1) Progress Payments. The chief procurement officers may make special provisions for progress payments and letters of credit, as deemed reasonable to assist minority businesses to carry out the terms of a state contract pursuant to regulations which may be promulgated by the board. (2) Letter of Contract Award. When a minority business firm certified by the Department of Revenue receives a contract with the State, the appropriate chief procurement officer shall furnish a letter, upon request, stating the dollar value and duration of, and other information about the contract, which may be used by the minority firm in negotiating lines of credit with lending institutions.
S.C. Code Ann. § 11-11-180 — SC Code / Title 11 / Chapter 11 / Article 1 / Section 11-11-180
SECTION 11-11-180. Declaration of operating deficit; meeting to address deficit; borrowing of surpluses authorized.
Status: in_force

(A) By August thirty-first of each year, the Comptroller General shall report to the State Budget and Control Board the amounts of general fund revenues and expenditures recorded for the preceding fiscal year and any resulting surplus or deficit of the general fund from a budgetary-based perspective. If the Comptroller General determines that annual expenditures exceeded revenues, an operating deficit must be declared in the report and the State Budget and Control Board must meet to address the deficit within sixty days of receiving the report or earlier at any previously scheduled meeting. The operating deficit must be the first item on the agenda of the first State Budget and Control Board meeting held after the Comptroller General reports a deficit pursuant to this section. (B) Notwithstanding any other provision of law, if the Comptroller General reports an operating deficit for the preceding fiscal year and it is determined funds are needed to balance the Budgetary General Fund after the use of the General Reserve Fund as provided in Section 11-11-310(B), the State Fiscal Accountability Authority is authorized to borrow the amount needed to balance the Budgetary General Fund by borrowing from any department of state government any surplus to the credit of the state department on hand in the Office of the State Treasurer. Upon approval by the State Fiscal Accountability Authority of a repayment schedule, the State Treasurer is authorized to transfer to the State Fiscal Accountability Authority from the general fund the amount necessary to repay the loan with interest no later than June thirtieth of the following fiscal year. Code Commissioner's Note At the direction of the Code Commissioner, references in (A) to the former Budget and Control Board have not been changed pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1), until further action by the General Assembly. References in (B) to the former State Budget and Control Board were changed to the State Fiscal Accountability Authority, 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. § 11-35-3240 — SC Code / Title 11 / Chapter 35 / Article 9 / Section 11-35-3240
SECTION 11-35-3240. Manual for planning and execution of state permanent improvements.
Status: in_force

As relates to this code and the ensuing regulations, a "Manual for Planning and Execution of State Permanent Improvements" may be published by the board or its designee for use by governmental bodies and included, by reference, in the regulations of the board. The manual may be revised as the board considers necessary, except that proposed changes are not effective until the board has provided the public at least sixty days to make written comments after notice of the proposed changes is published in South Carolina Business Opportunities.
S.C. Code Ann. § 11-37-240 — SC Code / Title 11 / Chapter 37 / Section 11-37-240
SECTION 11-37-240. Annual report.
Status: in_force

The authority shall submit, following the close of each fiscal year, an annual report of its activities for the preceding year to the Governor and to the members of the General Assembly. Each report shall set forth a complete operating and financial statement of the authority during the fiscal year it covers. The State Auditor or, upon his approval, an independent certified public accountant shall perform an audit of the books and accounts of the authority at least once in each fiscal year.
S.C. Code Ann. § 11-50-60 — SC Code / Title 11 / Chapter 50 / Section 11-50-60
SECTION 11-50-60. Powers of authority.
Status: in_force

In addition to the powers contained elsewhere in this chapter, the authority has all power necessary, useful, or appropriate to fund, operate, and administer the authority, and to perform its other functions including, but not limited to, the power to: (1) have perpetual succession; (2) adopt, promulgate, amend, and repeal bylaws, not inconsistent with provisions in this chapter for the administration of the authority's affairs and the implementation of its functions including the right of the board to select qualifying projects and to provide loans and other financial assistance; (3) sue and be sued in its own name; (4) have a seal and alter it 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) make loans to qualified borrowers to finance the eligible costs of qualified projects and to acquire, hold, and sell loan obligations at prices and in a manner as the board determines advisable; (6) provide qualified borrowers with other financial assistance necessary to defray eligible costs of a qualified project; (7) enter into contracts, arrangements, and agreements with qualified borrowers and other persons and execute and deliver all financing agreements and other instruments necessary or convenient to the exercise of the powers granted in this chapter; (8) enter into agreements with eligible entities of this State for the purpose of planning and providing for the financing of qualified projects; (9) establish policies and procedures for the making and administering of loans and other financial assistance, and establish fiscal controls and accounting procedures to ensure proper accounting and reporting by the authority and eligible entities; (10) acquire by purchase, lease, donation, or other lawful means and sell, convey, pledge, lease, exchange, transfer, and dispose of all or any part of its properties and assets of every kind and character or any interest in it to further the public purpose of the authority; (11) procure insurance, guarantees, letters of credit, and other forms of collateral or security or credit support from any public or private entity, including any department, agency, or instrumentality of this State, 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; (12) collect or authorize the trustee under any trust indenture securing any bonds to collect amounts due under any loan obligations owned by it, including taking the action required to obtain payment of any sums in default; (13) 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 loan obligations owned by it; (14) borrow money through the issuance of bonds and other forms of indebtedness as provided in this chapter; (15) expend funds to obtain accounting, management, legal, financial consulting, and other professional services necessary to the operations of the authority; (16) expend funds credited to the authority as the board determines necessary for the costs of administering the operations of the authority; (17) establish advisory committees as the board determines appropriate, which may include individuals from the private sector with banking and financial expertise; (18) procure insurance against losses in connection with its property, assets, or activities including insurance against liability for its acts or the acts of its employees or agents or to establish cash reserves to enable it to act as a self-insurer against any and all such losses; (19) collect fees and charges in connection with its loans or other financial assistance; (20) 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; (21) enter into contracts or agreements for the servicing and processing of financial agreements; and (22) do all other things necessary or convenient to exercise powers granted or reasonably implied by this chapter. Effect of Amendment 2014 Act No. 195, SECTION 2, In the first paragraph, deleted the paragraph designator, and deleted former subsection (B), relating to the application of the Administrative Procedures Act.
S.C. Code Ann. § 11-15-300 — SC Code / Title 11 / Chapter 15 / Article 3 / Section 11-15-300
SECTION 11-15-300. Provisions not applicable to certain counties.
Status: in_force

The provisions of this article shall not apply to Abbeville, Anderson, Beaufort, Cherokee, Chester, Chesterfield, Clarendon, Colleton, Darlington, Edgefield, Georgetown, Greenville, Greenwood, Horry, Jasper, Kershaw, Laurens, Lee, Lexington, McCormick, Marion, Newberry, Oconee, Orangeburg, Richland, Saluda, Union, Williamsburg and York Counties. The investment of any sinking funds of Pickens County, under the provisions of this article, shall be optional with the custodian of such funds, and any investment thereof by such custodian shall be first approved by the attorney for the county of Pickens.
S.C. Code Ann. § 11-15-510 — SC Code / Title 11 / Chapter 15 / Article 5 / Section 11-15-510
SECTION 11-15-510. Execution of bonds.
Status: in_force

Such refunding bonds and the coupons annexed thereto shall be executed in the manner provided for by the governing body.
S.C. Code Ann. § 11-35-1230 — SC Code / Title 11 / Chapter 35 / Article 3 / Section 11-35-1230
SECTION 11-35-1230. Auditing and fiscal reporting.
Status: in_force

(1) The Division of Procurement Services, through consultation with the chief procurement officers, shall develop written plans for the auditing of state procurements. (2) In procurement audits of governmental bodies thereafter, the auditors from the Division of Procurement Services shall review the adequacy of the governmental body's internal controls in order to ensure compliance with the requirement of this code and the ensuing regulations. A noncompliance discovered through audit must be transmitted in management letters to the audited governmental body and the board. The Division of Procurement Services shall provide in writing proposed corrective action to governmental bodies. Based upon audit recommendations, the board may revoke certification as provided in Section 11-35-1210 and require the governmental body to make all procurements through the appropriate chief procurement officer above a dollar limit set by the board, until such time as the board is assured of compliance with this code and its regulations by that governmental body. 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 15, in (1), substituted "Division of Procurement Services" for "designated board office"; inserted the (2) identifier in the first undesignated paragraph and deleted former (2), which related to the requirement that the Division of Budget Analysis with the Comptroller General shall assume responsibility for certain fiscal reporting procedures; in (2), in the first sentence, substituted "Division of Procurement Services" for "designated board office" and "governmental body's" for "system's", in the second sentence, substituted "board" for "State Fiscal Accountability Authority", in the third sentence, substituted "The Division of Procurement Services" for "The auditors", and in the fourth sentence, deleted "of the designated board office" following "audit recommendations".
S.C. Code Ann. § 11-35-1540 — SC Code / Title 11 / Chapter 35 / Article 5 / Section 11-35-1540
SECTION 11-35-1540. Negotiations after unsuccessful competitive sealed bidding.
Status: in_force

When bids received pursuant to an invitation for bids under Section 11-35-1520 are considered unreasonable by the procurement officer, or are not independently reached in open competition, or the low bid exceeds available funds as certified by the appropriate fiscal officer, and it is determined in writing by the chief procurement officer, the head of a purchasing agency, or the designee of either officer above the level of procurement officer, that time or other circumstances will not permit the delay required to resolicit competitive sealed bids, a contract may be negotiated pursuant to this section, provided that: (1) each responsible bidder who submitted a bid under the original solicitation is notified of the determination and is given reasonable opportunity to negotiate; (2) the negotiated price is lower than the lowest rejected bid by any responsible and responsive bidder under the original solicitation; (3) the negotiated price is the lowest negotiated price offered by any responsible and responsive offeror. 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 24, in the first undesignated paragraph, substituted "procurement officer" for "procuring agency".
S.C. Code Ann. § 11-21-60 — SC Code / Title 11 / Chapter 21 / Section 11-21-60
SECTION 11-21-60. Disposition of proceeds of refunding bonds.
Status: in_force

On the delivery of any refunding bonds issued pursuant to this chapter, the proceeds of the bonds, less the proceeds of that portion of any refunding bonds issued pursuant to Chapter 17, Title 6 for improvements, must be deposited with a corporate trustee and held by it under a written trust agreement and in a special trust account, except that the accrued interest, if any, must be used to discharge in part the first interest to become due on the refunding bonds. It is the duty of the corporate trustee to keep the proceeds invested and reinvested to the extent practical in obligations of the United States or any agency of the United States and to apply the principal and interest of the trust so established in the manner prescribed in the trust agreement.
S.C. Code Ann. § 11-3-10 — SC Code / Title 11 / Chapter 3 / Section 11-3-10
SECTION 11-3-10. Bond.
Status: in_force

The Comptroller General shall, before he enters upon the duties of his office, give bond for the faithful discharge of the duties thereof, with one or more sureties approved by the Governor, in the sum of thirty thousand dollars.
S.C. Code Ann. § 11-43-180 — SC Code / Title 11 / Chapter 43 / Article 1 / Section 11-43-180
SECTION 11-43-180. Loans and other financial assistance; approval by Joint Bond Review Committee; term; financing agreement; terms and conditions; selection of projects, preference, considerations.
Status: in_force

(A) The bank may provide loans and other financial assistance to a government unit or private entity to pay for all or part of the eligible cost of a qualified project. Prior to providing a loan or other financial assistance to a qualified borrower, the board must obtain the review and approval of the Joint Bond Review Committee. The term of the loan or other financial assistance must not exceed the useful life of the project. The bank may require the government unit or private entity to enter into a financing agreement in connection with its loan obligation or other financial assistance. The board shall determine the form and content of loan applications, financing agreements, and loan obligations including the term and rate or rates of interest on a financing agreement. The terms and conditions of a loan or other financial assistance from federal accounts shall comply with applicable federal requirements. (B) The board shall determine which projects are eligible projects and then select from among the eligible projects those qualified to receive from the bank a loan or other financial assistance. Preference must be given to eligible projects which have local financial support. In selecting qualified projects, the board shall consider the projected feasibility of the project and the amount and degree of risk to be assumed by the bank. The board also may consider, but must not be limited to, the following criteria in making its determination that an eligible project is a qualified project: (1) the local support of the project, expressed by resolutions by the governing bodies in the areas in which the project will be located, and the financial or in-kind contributions to the project; (2) maximum economic benefit, enhancement of mobility, enhancement of public safety, acceleration of project completion, and enhancement of transportation services; (3) the ability of the applicant to repay a loan according to the terms and conditions established pursuant to this chapter, consideration of which may include, at the option of the bank board, the existence of current investment grade rating on existing debt of the applicant secured by the same revenues to be pledged to secure repayment under the loan repayment agreement; (4) the financial or in-kind contributions to the project; (5) greater weighting in recommending priorities for eligible projects to areas of the State experiencing high unemployment; and (6) whether the governing bodies of the county or the incorporated municipality in which the project is to be located provides to the bank a resolution which makes a finding that the project is essential to economic development in the political subdivisions, or the bank receives a resolution or certificate from the Advisory Coordinating Council for Economic Development of the Department of Commerce that the project is essential to economic development in the State, or both, at the option of the board. (C) The bank may not provide any loans or other financial assistance, including bond proceeds, to any project unless the eligible costs of the project are at least twenty-five million dollars. Editor's Note 2016 Act No. 275, SECTION 90(D), provides as follows: "(D) Notwithstanding the effective date provided in subsection (A), SECTION 6 [amending this section] and SECTION 7 take effect upon approval by the Governor. The provisions contained in SECTION 6 and SECTION 7 only apply to projects selected by the bank thereafter." Effect of Amendment 2016 Act No. 275, SECTION 6, added (C), relating to minimum project costs for loans.
S.C. Code Ann. § 11-9-650 — SC Code / Title 11 / Chapter 9 / Article 7 / Section 11-9-650
SECTION 11-9-650. Payment of purchase price; disposition.
Status: in_force

The money for the purchase of real property sold under the authority of SECTION 11-9-630 shall be paid only in gold, silver and United States currency. The proceeds of all such sales shall be deposited in the General Fund of the State.
S.C. Code Ann. § 11-35-5330 — SC Code / Title 11 / Chapter 35 / Article 23 / Section 11-35-5330
SECTION 11-35-5330. Purchase of goods or services from entity employing prison inmates of another state paid less than federal minimum wage prohibited.
Status: in_force

A governmental body procuring goods or services under the Consolidated Procurement Code, and any agency or department of a political subdivision of this State procuring goods or services under the Consolidated Procurement Code or its own procurement code, may not accept any proposals from or procure any goods or services from an entity which employs or uses inmates of a correctional system of another state who are not paid at least the required federal minimum wage for work performed in the manufacturing, processing, or supplying of those goods or services.
S.C. Code Ann. § 11-35-2020 — SC Code / Title 11 / Chapter 35 / Article 5 / Section 11-35-2020
SECTION 11-35-2020. Approval of accounting system.
Status: in_force

The chief procurement officer, the head of a purchasing agency, or a designee of either officer may require that: (1) the proposed contractor's accounting system shall permit timely development of all necessary cost data in the form required by the specific contract type contemplated; (2) the proposed contractor's accounting system is adequate to allocate costs in accordance with generally accepted accounting principles.
S.C. Code Ann. § 11-35-3024 — SC Code / Title 11 / Chapter 35 / Article 9 / Section 11-35-3024
SECTION 11-35-3024. Additional procedures applicable to procurement of certain project delivery methods.
Status: in_force

(1) Applicability. In addition to the requirements of Section 11-35-1530 (Competitive Sealed Proposals) or Section 11-35-1535 (Competitive Negotiations), the procedures in this section apply as provided in items (2), (3), and (4) below. (2) Content of Request for Proposals. A Request for Proposals for design-build, design-build-operate-maintain, or design-build-finance-operate-maintain: (a) must include design requirements; (b) must solicit proposal development documents; and (c) may, if the governmental body determines that the cost of preparing proposals is high in view of the size, estimated price, and complexity of the procurement: (i) prequalify offerors in accordance with Section 11-35-3023 by issuing a request for qualifications in advance of the request for proposals; (ii) select, pursuant to procedures designated in the Manual for Planning and Execution of State Permanent Improvements, a short list of responsible offerors who submit proposals determined to be reasonably susceptible of being selected for award before discussions and evaluations pursuant to Section 11-35-1530, if the number of proposals to be short-listed is stated in the Request for Proposals and prompt public notice is given to all offerors as to which proposals have been short-listed; or (iii) pay stipends to unsuccessful offerors, if the amount of the stipends and the terms under which stipends are paid are stated in the Request for Proposals. Subsection (2)(c)(ii) is inapplicable if competitive negotiations are conducted pursuant to Section 11-35-1535. (3) Evaluation Factors. A Request for Proposals for design-build, design-build-operate-maintain, or design-build-finance-operate-maintain must: (a) state the relative importance of (i) demonstrated compliance with the design requirements, (ii) offeror qualifications, (iii) financial capacity, (iv) project schedule, (v) price, or life-cycle price for design-build-operate-maintain and design-build-finance-operate-maintain procurements, and (vi) other factors, if any; and (b) in circumstances designated in the Manual for Planning and Execution of State Permanent Improvements, require each offeror to identify an Independent Peer Reviewer whose competence and qualifications to provide that service must be an additional evaluation factor in the award of the contract. (4) Unless excused by the State Engineer, the State Engineer's Office shall oversee the evaluation process for a procurement of construction if factors other than price are considered in the evaluation of a proposal. 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 42, in (1), inserted "or Section 11-35-1535 (Competitive Negotiations)"; and in (2), added the last undesignated paragraph.
S.C. Code Ann. § 11-35-1528 — SC Code / Title 11 / Chapter 35 / Article 5 / Section 11-35-1528
SECTION 11-35-1528. Competitive best value bidding.
Status: in_force

(1) Conditions for Use. When the procurement officer determines in writing that the use of competitive sealed bidding is either not practicable or not advantageous to the State, a contract may be entered into by competitive best value bidding subject to the provisions of Section 11-35-1520 and the ensuing regulations, unless otherwise provided for in this section. (2) Best Value Bidding. The purpose of best value bidding is to allow factors other than price to be considered in the determination of award for specific supplies, services, or information technology based on pre-determined criteria identified by the State. (3) Public Notice. Adequate public notice of the request for the solicitation shall be given in the same manner as provided in Section 11-35-1520(3). (4) Bid Opening. At bid opening, the only information that will be released is the names of the participating bidders. Price information will be provided after the ranking of bidders and the issuance of award. (5) Evaluation Factors. The best value bid must state the factors to be used in determination of award and the numerical weighting for each factor. Price must be a factor in determination of award and cannot be weighted at less than sixty percent. Best value bid evaluation factors may include, but are not limited to, any of the following: (a) operational costs the State would incur if the bid is accepted; (b) quality of the product or service or its technical competency; (c) reliability of delivery and implementation schedules; (d) maximum facilitation of data exchange and systems integration; (e) warranties, guarantees, and return policy; (f) vendor financial stability; (g) consistency of the proposed solution with the state's planning documents and announced strategic program direction; (h) quality and effectiveness of business solution and approach; (i) industry and program experience; (j) prior record of vendor performance; (k) vendor expertise with engagement of similar scope and complexity; (l) extent and quality of the proposed participation and acceptance by all user groups; (m) proven development methodologies and tools; and (n) innovative use of current technologies and quality results. (6) Clarification of Responsive Bid. The procurement officer may ask a responsive bidder to clarify an ambiguity in its bid; however, no material modification of the bid is allowed. (7) Selection and Ranking. Bids shall be evaluated by using only the criteria and weightings stated in the invitation for best value bids. All evaluation factors, other than price, will be considered independent of and prior to determining the effect of price on the score for each participating bidder. Once the evaluation is complete, all responsive bidders must be ranked from most advantageous to least advantageous to the State, considering only the evaluation factors stated in the invitation for best value bids. (8) Award. Award must be made to the responsive and responsible bidder whose bid is determined, in writing, to be most advantageous to the State, taking into consideration all evaluation factors set forth in the best value bid. The contract file shall contain the basis on which the award is made and must be sufficient to satisfy external audit. 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 20, in (1), in the second sentence, substituted "When the procurement officer" for "When a purchasing agency"; in (4), in the third sentence, substituted "Price" for "Cost"; in (5), in the third sentence, substituted "Price" for "Cost", and in the fourth sentence, deleted "as determined by the procurement officer in its sole discretion and not subject to protest" from the end; rewrote (6); and in (7), in the second sentence, substituted "and weightings stated in the invitation for best value bids" for "stated in the best value bid and by adhering to the weighting as assigned", in the third sentence, substituted "price" for "cost" in two places and inserted "independent of and", and in the fourth sentence, substituted "must" for "shall" and "invitation for best value bids" for "best value bid".
S.C. Code Ann. § 11-9-125 — SC Code / Title 11 / Chapter 9 / Article 1 / Section 11-9-125
SECTION 11-9-125. Order of expenditure of funds by state agencies; remittance of certain funds to state general fund.
Status: in_force

Federal and other funds must be expended before funds appropriated from the general fund of the State, to the extent possible, and any excess balances in accounts resulting from matching fund programs must be remitted to the general fund of the State. Federal or other funds generated by the expenditure of state funds, including refunds from prior year general fund expenditures, must be remitted to the general fund of the State if there is no federal or state requirement governing the specific use of the funds. In order to permit identification of these funds, state agencies shall: (1) draw down and expend federal and other funds before spending state general fund appropriations whenever possible; (2) maintain separate accounting records for each grant for cash, revenues, and expenditures to insure a proper audit trail; (3) reconcile federal and other fund accounts at the end of each state fiscal year and maintain those records for audit purposes; (4) submit federal financial reports to the grantor agency as required. State agencies shall remit to the general fund of the State any funds found to exist in agency accounts. If an agency believes funds have been inappropriately identified as the funds defined in this section, the agency may appeal through the process provided in Sections 2-65-30 and 2-65-40. A report of the amount of funds credited to the general fund of the State pursuant to this section must be made by the Comptroller General at the time of each official state revenue forecast. This report must be provided to the Executive Budget Office and the Revenue and Fiscal Affairs Office, the Senate Finance Committee, and the House Ways and Means Committee. Research and student aid grants, including indirect cost recoveries, are exempt from this provision. 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. § 11-27-100 — SC Code / Title 11 / Chapter 27 / Section 11-27-100
SECTION 11-27-100. Duties of State Treasurer.
Status: in_force

Upon the ratification of New Article X, the State Treasurer is authorized to promulgate regulations to implement the provisions of Item (5), Section 14 and Item (4), Section 15 of that Article.
S.C. Code Ann. § 11-51-10 — SC Code / Title 11 / Chapter 51 / Section 11-51-10
SECTION 11-51-10. Short title.
Status: in_force

This chapter may be cited as the "South Carolina Research University Infrastructure Act".
S.C. Code Ann. § 11-5-270 — SC Code / Title 11 / Chapter 5 / Article 1 / Section 11-5-270
SECTION 11-5-270. Investment of endowment funds of institutions of higher learning by State Treasurer.
Status: in_force

(A) With respect to endowment funds owned or controlled by the various state-supported institutions of higher learning, the State Treasurer shall invest these funds in accordance with investment plans submitted to the State Treasurer as approved by the boards of trustees of the institutions, pursuant to Title 59, Chapter 153. (B) The State Treasurer is authorized, in carrying out the investment plans approved by the trustees, to invest in such equity funds as authorized by the investment plan and Article 7, Chapter 9, Title 11.
S.C. Code Ann. § 11-11-100 — SC Code / Title 11 / Chapter 11 / Article 1 / Section 11-11-100
SECTION 11-11-100. General Assembly may amend budget bill.
Status: in_force

The General Assembly may increase or decrease items in the budget bill as it may deem to be in the interest of greater economy and efficiency in the public service.
S.C. Code Ann. § 11-35-1530 — SC Code / Title 11 / Chapter 35 / Article 5 / Section 11-35-1530
SECTION 11-35-1530. Competitive sealed proposals.
Status: in_force

(1) Conditions for Use. (a) If the procurement officer determines in writing that the use of competitive sealed bidding is either not practicable or not advantageous to the State, a contract may be entered into by competitive sealed proposals subject to the provisions of Section 11-35-1520 and the ensuing regulations, unless otherwise provided in this section. (b) The board may provide by regulation that it is either not practicable or not advantageous to the State to procure specified types of supplies, services, information technology, or construction by competitive sealed bidding. (2) Public Notice. Adequate public notice of the request for proposals must be given in the same manner as provided in Section 11-35-1520(3). (3) Receipt of Proposals. Proposals must be opened publicly in accordance with regulations of the board. A tabulation of proposals must be prepared in accordance with regulations promulgated by the board and must be open for public inspection after contract award. (4) Request for Qualifications. (a) Before soliciting proposals, the procurement officer may issue a request for qualifications from prospective offerors. The request must contain at a minimum a description of the scope of the work to be solicited by the request for proposals and must state the deadline for submission of information and how prospective offerors may apply for consideration. The request must require information only on their qualifications, experience, and ability to perform the requirements of the contract. (b) After receipt of the responses to the request for qualifications from prospective offerors, rank of the prospective offerors must be determined in writing from most qualified to least qualified on the basis of the information provided. Proposals then must be solicited from at least the top two prospective offerors by means of a request for proposals. The determination regarding how many proposals to solicit is not subject to review pursuant to Article 17. (5) Evaluation Factors. The request for proposals must state the relative importance of the factors to be considered in evaluating proposals but may not require a numerical weighting for each factor. Price may, but need not, be an evaluation factor. (6) Discussion with Offerors. As provided in the request for proposals, discussions may be conducted with offerors who submit proposals determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements. Offerors must be accorded fair and equal treatment with respect to any opportunity for discussions. In conducting discussions, there must be no disclosure of confidential information derived from proposals submitted by competing offerors. The board shall promulgate regulations governing discussions. (7) Selection and Ranking. Proposals must be evaluated using only the criteria stated in the request for proposals and there must be adherence to weightings that have been assigned previously. Once evaluation is complete, all responsive offerors must be ranked from most advantageous to least advantageous to the State, considering only the evaluation factors stated in the request for proposals. (8) Negotiations. After proposals have been ranked pursuant to Section 11-35-1530(7), the procurement officer, in his sole discretion and not subject to review under Article 17, may proceed in any of the manners indicated below, except that in no case may confidential information derived from proposals and negotiations submitted by competing offerors be disclosed: (a) negotiate with the highest ranking offeror on price, on matters affecting the scope of the contract, so long as the changes are within the general scope of the request for proposals, or on both. If a satisfactory contract cannot be negotiated with the highest ranking offeror, negotiations may be conducted, in the sole discretion of the procurement officer, with the second, and then the third, and so on, ranked offerors to the level of ranking determined by the procurement officer in his sole discretion; (b) during the negotiation process as outlined in item (a) above, if the procurement officer is unsuccessful in his first round of negotiations, he may reopen negotiations with any offeror with whom he previously negotiated; or (c) before or after negotiations pursuant to Section 11-35-1530(8), the procurement officer may make changes to the request for proposals within the general scope of the request for proposals and may provide all responsive offerors an opportunity to submit their best and final offers, which must be reevaluated and ranked pursuant to Section 11-35-1530(7). (9) Award. Award must be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the State, taking into consideration the evaluation factors set forth in the request for proposals, unless the procurement officer determines to utilize one of the options provided in Section 11-35-1530(8). The award of the contract must be made on the basis of evaluation factors that must be stated in the RFP. The contract file must contain the basis on which the award is made and must be sufficient to satisfy external audit. Procedures and requirements for the notification of intent to award the contract must be the same as those provided in Section 11-35-1520(10). 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 22, rewrote the section.
S.C. Code Ann. § 11-11-410 — SC Code / Title 11 / Chapter 11 / Article 5 / Section 11-11-410
SECTION 11-11-410. Appropriations subject to spending limitation; financial emergency; surplus funds.
Status: in_force

(A) State appropriations in any fiscal year may not exceed appropriations authorized by the spending limitation prescribed in this section. State appropriations subject to the spending limitation are those appropriations authorized annually in the State General Appropriation Act and acts supplemental thereto which fund general, school, and highway purposes. A statement of total "General, School, and Highway Revenues" must be included in each annual General Appropriation Act. As used in this section the appropriations so limited as defined above must be those funded by "General, School, and Highway Revenues" that must be defined as such in the 1985-86 General Appropriation Act; it being the intent of this section that all additional nonfederal and nonuser fee revenue items must be included in that category as they may be created by act of the General Assembly. (B) The limitation on state appropriations prescribed in subsection (A) is an amount equal to either those state appropriations authorized by the spending limit for the previous fiscal year increased by the average percentage rate of growth in state personal income for the previous three completed calendar years or nine and one-half percent of the total personal income of the State for the calendar year ending before the fiscal year under consideration, whichever is greater. As used in this section, "state personal income" means total personal income for a calendar year as determined by the Revenue and Fiscal Affairs Office or its successor based on the most recent data of the United States Department of Commerce or its successors. During the initial year this spending limit is in effect, the actual state appropriations for general, school, and highway purposes for the fiscal year 1985-1986 must be used as the base figure for computation of the spending limitation if the average rate of growth method is used. (C) The Comptroller General, or any other authorized agency, commission, or officer, may not approve or issue warrants which would allow disbursements above the amount appropriated for general fund purposes unless and until the General Assembly authorizes expenditures in excess of the limitation through procedures provided for in this article. This subsection may not apply to funds transferred from the reserve fund to the general fund. (D) The Revenue and Fiscal Affairs Office shall annually compute and certify to the General Assembly a current figure to limit appropriations as provided in subsection (B) of this section prior to the Governor's submission of his recommended budget to the House Ways and Means Committee. (E) Notwithstanding the provisions of subsection (A) of this section, the General Assembly may declare a financial emergency and suspend the spending limitation for any one fiscal year for a specific amount by a special vote as provided in this subsection by enactment of legislation which relates only to that matter. The authorized state appropriations for the fiscal year following the suspension must be determined as if the suspension had not occurred and, for purposes of determining subsequent limits, must be presumed to have been the maximum limit which could have been authorized if such limitation had not been suspended. The special vote referred to in this subsection means an affirmative vote in each branch of the General Assembly by two-thirds of the members present and voting but not less than three-fifths of the total membership in each branch. (F) In any year when surplus funds are collected, such revenue surplus may be appropriated by the General Assembly to match funds for public education, public welfare, public health, road and highway construction, rehabilitation, replacement, or maintenance financed in part with federal participation funding or federal grants or tolls, or to accelerate the retirement of bonded indebtedness or transferred to the general fund reserve, or tax relief or for avoiding the issuance of bonds for projects that are authorized but not issued or any combination of these purposes without regard to the spending limitation. For the purposes of this section, surplus funds mean that portion of revenues, as defined in subsection (A) of this section, over and above revenues authorized for appropriation in subsection (B). Validity For the validity of (E) of this section, see Pinckney v. Peeler, 862 S.E.2d 906 (S.C. 2021). 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). Pursuant to the directive to the Code Commissioner in 2018 Act No. 246, SECTION 10, "Revenue and Fiscal Affairs Office" was substituted for all references to "Office of Research and Statistics of the Revenue and Fiscal Affairs Office".
S.C. Code Ann. § 11-15-230 — SC Code / Title 11 / Chapter 15 / Article 3 / Section 11-15-230
SECTION 11-15-230. Deposit of collections for sinking fund.
Status: in_force

The custodian of any sinking fund affected by SECTION 11-15-210 may deposit collections for such sinking fund in any bank approved by the chief bank examiner.
S.C. Code Ann. § 11-35-27 — SC Code / Title 11 / Chapter 35 / Article 1 / Section 11-35-27
SECTION 11-35-27. No implied repeal.
Status: repealed

No part of this chapter may be considered to be impliedly repealed by subsequent legislative enactment if such construction of the subsequent legislative enactment can be reasonably avoided. 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. § 11-35-1570 — SC Code / Title 11 / Chapter 35 / Article 5 / Section 11-35-1570
SECTION 11-35-1570. Emergency procurements; public notice.
Status: in_force

(A) Notwithstanding any other provision of this code, the chief procurement officer, the head of a purchasing agency, or a designee of either officer may award or authorize others to award emergency contracts only when there exists an immediate threat to public health, welfare, critical economy and efficiency, or safety under emergency conditions as defined in regulations promulgated by the board; and provided, that such emergency procurements shall be made with as much competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file. (B) When a contract entered pursuant to subsection (A) has a total or potential value in excess of fifty thousand dollars, notice of the award must be posted in South Carolina Business Opportunities (SCBO) as soon as practicable thereafter. The posted notice must contain a statement of the right to protest under Section 11-35-4210(1). 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 27, inserted the (A) identifier and added (B); and in (A), in the first sentence, substituted "award" for "make" in two places and substituted "emergency contracts" for "emergency procurements".
S.C. Code Ann. § 11-43-210 — SC Code / Title 11 / Chapter 43 / Article 1 / Section 11-43-210
SECTION 11-43-210. Failure of governmental unit to remit amounts due; withholding of funds.
Status: in_force

(A) If a government unit fails to collect and remit in full all amounts due to the bank on the date these amounts are due under the terms of any note or other obligation of the government unit, the bank shall notify the State Treasurer who, subject to the withholding of amounts under Section 14, Article X of the Constitution, shall withhold all or a portion of the funds of the State and all funds administered by the State, its agencies, boards, and instrumentalities allotted or appropriated to the government unit and apply an amount necessary to the payment of the amount due. (B) Nothing contained in this section mandates the withholding of funds allocated to a government unit or private entity which would violate contracts to which the State is a party, the requirements of federal law imposed on the State, or judgments of a court binding on the State.
S.C. Code Ann. § 11-17-10 — SC Code / Title 11 / Chapter 17 / Section 11-17-10
SECTION 11-17-10. Definitions.
Status: in_force

(a) The term "bonds" shall mean general obligation bonds payable from ad valorem taxes, general obligation bonds additionally secured by any pledge of any assessments, or any pledge of revenues derived by the borrower from any revenue-producing facility, bonds payable solely from the revenues of any revenue-producing facility, and bonds payable solely from any assessments. The term "bonds" shall also include state highway bonds as defined pursuant to the provisions of item (10) of Section 57-11-210, as amended. (b) The term "borrower" shall mean the State, any agency, 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, which are appropriately authorized to borrow money and issue bonds. (c) The term "governing body" shall mean that agency or body upon which is devolved by law the administrative and executive functions of the borrower. (d) The term "person" shall mean any person, firm, corporation or governmental agency.
S.C. Code Ann. § 11-58-90 — SC Code / Title 11 / Chapter 58 / Section 11-58-90
SECTION 11-58-90. Effect of settlements or judgments on subsequent claims.
Status: in_force

(A) To the extent the Attorney General has entered into a settlement with, or obtained a judgment against, a company or individual that markets, promotes, distributes, dispenses, or supplies opioids settling or adjudicating claims arising out of such conduct, and an agreement has been reached between the Attorney General and participating political subdivisions regarding the disposition of funds obtained through such settlement or judgment, no claims released by the Attorney General or participating political subdivisions or adjudicated by a court of competent jurisdiction may be brought against that company or individual by any of the following entities: (1) a state agency; (2) a political subdivision including, but not limited to, counties and municipalities; (3) a school district; (4) a health district; (5) a hospital district; (6) a fire district; or (7) a library district. (B) This section shall not infringe upon the power of the Attorney General or any participating political subdivision to enforce the terms of any such settlement agreement or judgment.
S.C. Code Ann. § 11-17-40 — SC Code / Title 11 / Chapter 17 / Section 11-17-40
SECTION 11-17-40. Manner of issuing notes.
Status: in_force

The governing body may arrange the issuance of notes 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. § 11-35-3005 — SC Code / Title 11 / Chapter 35 / Article 9 / Section 11-35-3005
SECTION 11-35-3005. Project delivery methods authorized.
Status: in_force

(1) The following project delivery methods are authorized for procurements relating to infrastructure facilities: (a) design-bid-build; (b) construction management at-risk; (c) operations and maintenance; (d) design-build; (e) design-build-operate-maintain; and (f) design-build-finance-operate-maintain. (2) In addition to those methods identified in item (1), the board, by regulation, and the State Engineer, in accordance with Section 11-35-3010, may: (a) approve as an alternate project delivery method any combination of design, construction, finance, and services for operations and maintenance of an infrastructure facility; and (b) allow or require the governmental body to follow any of the additional procedures established by Section 11-35-3024. (3) Participation in a report or study that is later used in the preparation of design requirements for a project does not disqualify a firm from participating as a member of a proposing team in a construction management at-risk, design-build, design-build-operate-maintain, or design-build-finance-operate-maintain procurement unless the participation provides the business with a substantial competitive advantage. In the Manual for Planning and Execution of State Permanent Improvements, the State Engineer may establish guidance for the application of this item by governmental bodies. Editor's Note 2008 Act No. 174, SECTION 1, provides as follows: "The General Assembly finds that: "(1) it adopted a modified version of the 1979 ABA Model Procurement Code for State and Local Governments when it enacted 1981 Act No. 148. Since then, the ABA has revised its recommended model by adopting the 2000 ABA Model Procurement Code for State and Local Governments, which it developed in cooperation with, among others, the National Association of State Procurement Officials, the National Institute of Governmental Purchasing, the American Consulting Engineers Council, the Design Professionals Coalition, the Council on the Federal Procurement of A/E Services, the Engineers Joint Contracts Document Committee, and the National Society of Professional Engineers. One of the primary goals of the revision project was to encourage the competitive use of new forms of project delivery in public construction procurement; and "(2) it is the intent of the General Assembly to facilitate the use of these alternate forms of project delivery by adopting, as modified herein, those portions of the new model code related to Article 5 (Procurement of Infrastructure Facilities and Services) of the model code. To that end, the relevant official comments to the model code, and the construction given to the model code, should be examined as persuasive authority for interpreting and construing the new code provisions created by this act." 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. § 11-9-360 — SC Code / Title 11 / Chapter 9 / Article 3 / Section 11-9-360
SECTION 11-9-360. Governing body issuing bonds to determine interest rate on bonds.
Status: in_force

Notwithstanding any limitation or restriction now existing by statute heretofore enacted, bonds or other obligations of the State, its agencies, or political subdivisions of the State shall bear interest at a rate or rates determined by the governing body of the entity issuing the bonds.
S.C. Code Ann. § 11-23-40 — SC Code / Title 11 / Chapter 23 / Section 11-23-40
SECTION 11-23-40. Reduction of tax levy.
Status: in_force

In the event that such revenues from the operation of any such revenue-producing project financed by such bonds shall be available for the payment of debt service on such bonds (whether or not such revenues have been pledged for that purpose), and shall be delivered to the county treasurer (or to such other public official who is charged with the duty of collecting the annual ad valorem tax to pay the annual principal and interest on such bonds) for the payment of such principal and interest and for no other purpose, prior to the occasion when the county auditor (or such other public official who is charged with the duty of making the levy for the annual ad valorem tax to pay the annual principal and interest on such bonds) fixes the annual tax levy, the annual ad valorem tax to be levied for the payment of the principal and interest on such bonds may be reduced in each year by the amount of such revenues derived from such project which is actually in the hands of the county treasurer (or such other public official who is charged with collecting such annual ad valorem tax) at the time the tax for the year is required to be levied.
S.C. Code Ann. § 11-9-850 — SC Code / Title 11 / Chapter 9 / Article 9 / Section 11-9-850
SECTION 11-9-850. Revenue and Fiscal Affairs Office; Digital Cartography and Precinct Demographics section.
Status: in_force

The Revenue and Fiscal Affairs Office must be comprised of a Digital Cartography and Precinct Demographics section, which shall report directly to the executive director. The Digital Cartography and Precinct Demographics section shall: (1) review existing precinct boundaries and maps for accuracy and develop and rewrite descriptions of precincts for submission to the legislative process; (2) consult with members of the General Assembly or their designees on matters related to precinct construction or discrepancies that may exist or occur in precinct boundary development in the counties they represent; (3) develop a system for originating and maintaining precinct maps and related data for the State; (4) represent the General Assembly at public meetings and meetings with other state, county, or local governmental entities on matters related to precincts; (5) represent the office at public meetings, meetings with members of the General Assembly, and meetings with other state, county, or local governmental entities on matters related to precincts; (6) assist the appropriate county officials in the drawing of maps and writing of descriptions or precincts preliminary to these maps and descriptions being filed in this office for submission to the United States Department of Justice; (7) coordinate with the Census Bureau in the use of precinct boundaries in constructing census boundaries and the identification of effective uses of precinct and census information for planning purposes; (8) serve as a focal point for verifying official precinct information for the counties of South Carolina; and (9) consult with and provide assistance to the General Assembly on redistricting and reapportionment matters relating to any subdivision of the State. Editor's Note Prior Laws: Former SECTION 11-9-850 was titled Verification by State Treasurer of information relating to that office, and had the following history: 1982 Act No. 466, Part II, SECTION 44. See now, Code 1976 SECTION 11-9-880. Effect of Amendment 2018 Act No. 246, SECTION 2, rewrote the section.
S.C. Code Ann. § 11-5-120 — SC Code / Title 11 / Chapter 5 / Article 1 / Section 11-5-120
SECTION 11-5-120. Publication of quarterly statements.
Status: in_force

The State Treasurer shall publish, quarterly, by electronic means and in a manner that allows for public review, a statement showing the amount of money on hand and in what financial institution it is deposited and the respective funds to which it belongs.
S.C. Code Ann. § 11-40-110 — SC Code / Title 11 / Chapter 40 / Section 11-40-110
SECTION 11-40-110. Bonds not debt or pledge of faith and credit of State or its political subdivisions other than the authority; statements to be contained on bonds.
Status: in_force

Bonds issued by the authority are not a debt or a pledge of the faith and credit of this State or its political subdivisions other than the authority, but are payable solely from the revenue, money, or property of the authority as provided for in this chapter. The bonds issued do not constitute an indebtedness of this State within the meaning of a constitutional or statutory limitation. No members of the authority or a person executing bonds of the authority is liable personally on the bonds by reason of their issuance or execution. Each bond issued under this chapter must contain on its face a statement to the effect that: (1) neither this State, nor its political subdivisions, nor the authority is obligated to pay the principal of or interest on the bond or other costs incident to the bond except from the revenue, money, or property of the authority pledged; (2) neither the faith and credit nor the taxing power of this State, or its political subdivisions, is pledged to the payment of the principal of or interest on the bonds; (3) the authority does not have taxing power.
S.C. Code Ann. § 11-35-2420 — SC Code / Title 11 / Chapter 35 / Article 5 / Section 11-35-2420
SECTION 11-35-2420. Reporting of anticompetitive practices; privileged communications.
Status: in_force

(A) When any information or allegations concerning anticompetitive practices among any bidders or offerors, come to the attention of any employee of the State, immediate notice of the relevant facts shall be transmitted to the Office of the Attorney General. (B) Communications to the Office of the Attorney General and any testimony relating to the matters described in Section 11-35-2420(A) are privileged and may not be disclosed without prior approval of the Office of the Attorney General. A person required or permitted to report pursuant to Section 11-35-2420(A) or who participates in an investigation or judicial proceedings resulting from the report, acting in good faith, is immune from civil and criminal liability which might otherwise result by reason of these actions. In all such civil or criminal proceedings, good faith is a rebuttable presumption. 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 37, inserted the (A) identifier; in (A), inserted "Office of the"; and added (B).
S.C. Code Ann. § 11-23-20 — SC Code / Title 11 / Chapter 23 / Section 11-23-20
SECTION 11-23-20. Authority to pledge revenues as additional security for bonds.
Status: in_force

The governing body of any political subdivision or public body of this State including, but not limited to, counties, cities, towns, townships, school districts, public service districts, and authorities, which is authorized by law to issue general obligation bonds of such political subdivision or public body, the proceeds of which bonds will be used to finance the construction of projects which will be revenue producing, may, with the consent of any board, commission or other body or person which may be charged by statute or otherwise with the operation and management of any such revenue-producing project, provide in the ordinance or resolution which makes provision for the issuance of such bonds that such bonds may be additionally secured by all or any portion, designated in the ordinance or resolution, of the revenues to be derived from the operation of such projects. Any such board, commission or other body or person shall have full power and authority to make any and all covenants and agreements which may be necessary to implement and effectuate any such pledge of revenues.
S.C. Code Ann. § 11-1-110 — SC Code / Title 11 / Chapter 1 / Section 11-1-110
SECTION 11-1-110. State Fiscal Accountability Authority to issue and sell bonds, notes, or other obligations; review by Joint Bond Review Committee.
Status: in_force

The State Fiscal Accountability Authority is authorized to issue and sell bonds, notes, or other obligations for the purpose of acquiring, constructing, renovating, or maintaining facilities for the use of and occupancy of state departments and agencies or to refund such bonds, notes, or other obligations, provided that these obligations must be payable solely from revenues derived from the renting, leasing, or sale of all or any designated portion of such facilities held by the State Fiscal Accountability Authority for the use of and occupancy by state departments and agencies and must be secured by a pledge of the revenues from such designated facilities and, at the option of the State Fiscal Accountability Authority, may be additionally secured by a mortgage of these facilities; provided, further, that the issuance and the sale of the bonds, notes, or other obligations provided for in this section are subject to the review of the Joint Bond Review Committee. 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. § 11-35-1529 — SC Code / Title 11 / Chapter 35 / Article 5 / Section 11-35-1529
SECTION 11-35-1529. Competitive online bidding.
Status: in_force

(1) Conditions for Use. When the procurement officer determines in writing that on-line bidding is more advantageous than competitive sealed bidding, a contract may be entered into by competitive on-line bidding, subject to the provisions of Section 11-35-1520 and the ensuing regulations, unless otherwise provided in this section. (2) Public Notice. Adequate public notice of the request for the solicitation must be given in the same manner as provided in Section 11-35-1520(3). (3) Bidding Process. The solicitation must designate both an Opening Date and Time and a Closing Date and Time. The Closing Date and Time need not be a fixed point in time, but may remain dependent on a variable specified in the solicitation. At the Opening Date and Time, the State must begin accepting real-time electronic bids. The solicitation must remain open until the Closing Date and Time. Before the Opening Date and Time, the State shall require bidders to register, shall register only responsible bidders, and, as a part of that registration, require bidders to agree to any terms, conditions, or other requirements of the solicitation. If less than two bidders are registered, the solicitation must be canceled. Following receipt of the first bid after the Opening Date and Time, the lowest bid price must be posted electronically to the Internet and updated on a real-time basis. At any time before the Closing Date and Time, a bidder may lower the price of its bid, except that after Opening Date and Time, a bidder may not lower its price unless that price is below the then lowest bid. Bid prices may not be increased after Opening Date and Time. Except for bid prices, bids may be modified only as otherwise allowed by this code. A bid may be withdrawn only in compliance with Section 11-35-1520. If a bid is withdrawn, a later bid submitted by the same bidder may not be for a higher price. If the lowest responsive bid is withdrawn after the Closing Date and Time, the State may cancel the solicitation in accordance with this code or reopen electronic bidding to all pre-existing bidders by giving adequate notice to all pre-existing bidders of both the new Opening Date and Time and the new Closing Date and Time. Notice that electronic bidding will be reopened must be given as specified in the solicitation. (4) Receipt and Safeguarding of Bids. Other than price, any information provided to the State by a bidder must be safeguarded as required by Section 11-35-1520(4). (5) Provisions Not to Apply. Section 11-35-1524 and paragraph (5) (Bid Opening) of Section 11-35-1520 do not apply to solicitations issued pursuant to this section. 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 21, in (1), in the second sentence, substituted "When the procurement officer" for "When a purchasing agency" and "competitive sealed bidding" for "other procurement methods provided by this code", and inserted "in writing"; inserted (2), relating to public notice, and redesignated (2) to (4) as (3) to (5); and in (3), in the sixth sentence, substituted "Before the Opening Date and Time, the State shall require bidders to register, shall register only responsible bidders," for "The State may require bidders to register before the Opening Date and Time" and inserted "require bidders", inserted the seventh sentence, in the thirteenth sentence, inserted "adequate", and made a nonsubstantive change.
S.C. Code Ann. § 11-45-10 — SC Code / Title 11 / Chapter 45 / Section 11-45-10
SECTION 11-45-10. Short title.
Status: in_force

This chapter may be cited as the "Venture Capital Investment Act of South Carolina".
S.C. Code Ann. § 11-1-120 — SC Code / Title 11 / Chapter 1 / Section 11-1-120
SECTION 11-1-120. Suits on payment bonds; remote claimants.
Status: in_force

When the State or a county, city, public service district, or other political subdivision thereof, or other public entity contracts for construction and requires the person or entity performing the work to furnish a payment bond not governed by Section 11-35-3030(2)(c) or Section 57-5-1660(b), for the protection of persons who furnish labor, material, or rental equipment to the contractor or its subcontractors for the work specified in the contract, the following provisions shall apply. Every person who has furnished labor, material, or rental equipment to a bonded contractor or its subcontractors in the prosecution of the work provided for in the contract for construction, and who has not been paid in full therefor before the expiration of a period of ninety days after the day on which the last of the labor was done or performed by him or material or rental equipment was furnished or supplied by him for which such claim is made, shall have the right to sue on such bond for the amount, or the balance thereof, unpaid at the time of the institution of such suit and to prosecute such action to final execution and judgment for the sum or sums justly due him. A remote claimant shall have a right of action on the payment bond only upon giving written notice by certified or registered mail to the bonded contractor within ninety days from the date on which such person did or performed the last of the labor or furnished or supplied the last of the material or rental equipment upon which such claim is made. However, in no event shall the aggregate amount of any claim against such payment bond by a remote claimant 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. Such written notice to the bonded contractor must generally conform to the requirements of Section 29-5-20(B) and sent by certified mail 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, no payment by the bonded contractor shall lessen the amount recoverable by the remote claimant. However, in no event shall the aggregate amount of claims on the payment bond exceed the penal sum of the bond. No suit under this section shall be commenced after the expiration of one year after the last date of providing or furnishing labor, materials, rental equipment, or services. For purposes of this section, "bonded contractor" means a contractor or subcontractor furnishing a payment bond, and "remote claimant" means a person having a direct contractual relationship with a subcontractor or supplier of a bonded contractor, but no contractual relationship expressed or implied 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. If the State, or county, city, public service district, or other political subdivision of the State, or other public entity contracts for construction and requires the contractor to furnish a payment bond pursuant to this section, the State, political subdivision of this State, or other public entity of this State may not exact that the payment bond be furnished by a particular surety company or through a particular agent or broker. Effect of Amendment 2014 Act No. 264, SECTION 2, in the third paragraph, substituted "must generally conform to the requirements of Section 29-5-20(B) and sent by certified mail or registered mail" for "shall be personally served or sent by fax or sent by electronic mail or sent by registered or certified mail, postage prepaid,"; and in the fifth paragraph, inserted "or supplier" in the first sentence, and added the second sentence, relating to rights and defenses.
S.C. Code Ann. § 11-35-4310 — SC Code / Title 11 / Chapter 35 / Article 17 / Section 11-35-4310
SECTION 11-35-4310. Solicitations or awards in violation of the law.
Status: in_force

(1) Applicability. The provisions of this section apply where it is determined by either the appropriate chief procurement officer or the Procurement Review Panel, upon administrative review, that a solicitation or award of a contract is in violation of the law. The remedies set forth herein may be granted by either the appropriate chief procurement officer, only after review under Section 11-35-4210, or by the Procurement Review Panel, only after review under Section 11-35-4410(1). (2) Remedies Prior to Award. If, prior to award of a contract, it is determined that a solicitation or proposed award of a contract is in violation of law, then the solicitation or proposed award may be: (a) canceled; (b) revised to comply with the law and rebid; or (c) awarded in a manner that complies with the provisions of this code. (3) Remedies After Award. If, after an award of a contract, it is determined that the solicitation or award is in violation of law: (a) the contract may be ratified and affirmed, provided it is in the interest of the State; or (b) the contract may be terminated and the payment of such damages, if any, as may be provided in the contract, may be awarded. (4) Entitlement to Costs. In addition to or in lieu of any other relief, when a protest submitted under Section 11-35-4210 is sustained, and it is determined that the protesting bidder or offeror should have been awarded the contract under the solicitation but is not, then the protesting bidder or offeror may request and be awarded a reasonable reimbursement amount, including reimbursement of its reasonable bid preparation costs. 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 60, in (1), in the third sentence, inserted ", only" in two places and made a nonsubstantive change; and in (3), in (a), substituted "interest of the State" for "best interests of the State", and made a nonsubstantive change.
S.C. Code Ann. § 11-25-610 — SC Code / Title 11 / Chapter 25 / Article 9 / Section 11-25-610
SECTION 11-25-610. Number of journals to be bound.
Status: in_force

A sufficient number of the House and Senate Journals for use of the members of the General Assembly, for the Legislative Council to make exchanges with other states and to make other necessary distributions shall be printed and bound in a good and substantial manner. The clerk of the Senate and the clerk of the House of Representatives may have this done immediately upon the close of the session or as soon thereafter as practicable.
S.C. Code Ann. § 11-48-70 — SC Code / Title 11 / Chapter 48 / Section 11-48-70
SECTION 11-48-70. Review of refusal to list or removal of brand family from list.
Status: in_force

A determination of the Attorney General to not list in, or to remove from, the directory a brand family or tobacco product manufacturer is subject to review in the manner provided pursuant to Article 3, Chapter 23 of Title 1.
S.C. Code Ann. § 11-56-10 — SC Code / Title 11 / Chapter 56 / Section 11-56-10
SECTION 11-56-10. Short title.
Status: repealed

This chapter may be cited as the "Microenterprise Development Act". Editor's Note 2014 Act No. 171, SECTION 2, provides as follows: "SECTION 2. (A) There is established a Clean Energy Industry Manufacturing Market Development Advisory Commission to assist in the development of clean energy technology, materials, and products manufactured in this State. "(B) The commission is composed of fourteen members. The Secretary of the South Carolina Department of Commerce, or the secretary's designee, and the Director of the State Energy Office, or the director's designee, shall serve on the commission and the Secretary of Commerce shall appoint one member representative from each of the following: "(1) advanced vehicle technology industry; "(2) alternative transportation fuels industry; "(3) battery manufacturing industry; "(4) biomass energy industry; "(5) energy efficiency industry; "(6) higher education research institution's incubation and business development department; "(7) hydroelectric industry; "(8) hydrogen storage or fuel cell industry; "(9) solar manufacturing industry; "(10) S.C. Technical College System's clean energy workforce development department; "(11) utility industry; and "(12) wind components manufacturing industry. "(C) Appointed members serve at the pleasure of their appointing authority and without compensation or expenses. "(D) The commission must meet as soon as practicable after appointment and organize itself. The chairman must be designated by the Secretary of Commerce and the commission shall select its own vice chairman and adopt those procedures necessary for its operations. A majority of the members constitutes a quorum to do business. As necessary, the Secretary of Commerce may expend public funds and may solicit, receive, and expend private funds from any relevant sources and entities in order to carry out the commission's purposes. The Secretary of Commerce, on behalf of the commission, may utilize department staff or engage consultants as may be necessary and prudent to assist the commission in the performance of its duties and responsibilities; however, the Secretary of Commerce may not expend more than one hundred thousand dollars in the aggregate to engage consultants. Also, the Department of Commerce may seek the assistance of the staff of the State Energy Office, as necessary. "(E) Not later than December 31, 2014, the commission shall provide to the Governor and the General Assembly an initial report which must include, to the extent possible, the following: "(1) a description and analysis of this State's existing clean energy manufacturing industry; "(2) an analysis of job development potential for clean energy manufacturing in this State, including the expected composition of the jobs as full or part time, and the potential wages for such jobs; "(3) an analysis of market potential in this State, in other states, or in foreign countries for technology, materials, and products manufactured by a clean energy industry from this State; "(4) recommendations for actions which may be taken to provide incentives for manufacturing or operation of clean energy technology, materials, and products from this State. These recommendations must contain an analysis of existing incentives, including, but not limited to, those incentives provided for in Sections 12-6-3377, 12-6-3588, 12-6-3600, and 12-6-3610, the effectiveness or lack thereof, and whether any incentives should be amended or repealed. If the commission recommends additional incentives, the commission must forward its recommendation to the Board of Economic Advisors to prepare a revenue impact statement; "(5) an analysis of incentives offered by neighboring and other states for the manufacturing or operation of clean energy technology, materials, and products; "(6) recommendations on categories of clean energy markets that should be developed in this State and benchmarks to increase clean energy manufacturing in this State; and "(7) recommendations for marketing and public education programs that should be implemented by economic development entities to provide information to the public and to business and industry on the benefits of investment in the clean energy manufacturing industry in this State. Any such recommendations shall include a fiscal impact statement from the Office of State Budget. "(F) The commission shall issue a final report by September 30, 2015. The final report must include all the items required by subsection (E) and any revisions to the initial report. Following the submission of its final report, and unless authorized by a further or subsequent enactment, the commission is dissolved. The General Assembly may extend the date by which the commission must provide its reports. "(G) The dissolution of the commission must not be construed so as to restrict the Secretary of Commerce from appointing an advisory council pursuant to Section 13-1-40 on matters similar to the jurisdiction of the Clean Energy Industry Manufacturing Market Development Advisory Commission."
S.C. Code Ann. § 11-35-4610 — SC Code / Title 11 / Chapter 35 / Article 19 / Section 11-35-4610
SECTION 11-35-4610. Definitions of terms used in this article.
Status: in_force

As used in this article, unless the context clearly indicates otherwise: (1) "Cooperative purchasing" means procurement conducted by, or on behalf of, more than one public procurement unit, or by a public procurement unit with an external procurement activity. (2) "External procurement activity" means: (a) any buying organization not located in this State which, if located in this State, would qualify as a public procurement unit; (b) buying by the United States government. (3) "Local public procurement unit" means any political subdivision or unit thereof of this State which expends public funds for the procurement of supplies, services, information technology, or construction. (4) "Mandatory opting" is the requirement for a local procurement unit to choose whether to utilize a state contract before it is established as prescribed in regulation by the board. (5) "Public procurement unit" means any of the following: (a) a local public procurement unit; (b) a state public procurement unit; (c) an external procurement activity; or (d) any not-for-profit entity comprised only of more than one activity or unit listed in subitems (a), (b), or (c), if and as approved in writing by the Materials Management Officer. (6) "State public procurement unit" means the offices of the chief procurement officers, any purchasing agency of this State, and any other unit of South Carolina state government. Code Commissioner's Note 2019 Act No. 41, SECTION 65, inadvertently deleted "thereof" in (3), and at the direction of the Code Commissioner, it was reinserted. 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 65, in (2)(a), inserted ", if located in this State,"; in (3), substituted "of this State" for "thereof" and inserted "information technology,"; rewrote (5); and in (6), substituted ", any purchasing agency of this State, and any other unit of South Carolina state government" for "and any other purchasing agency of this State".
S.C. Code Ann. § 11-49-55 — SC Code / Title 11 / Chapter 49 / Section 11-49-55
SECTION 11-49-55. State-grown crops; marketing, branding, and natural disaster relief assistance.
Status: in_force

Notwithstanding any other provision of law, and to the extent that funds are available and not otherwise committed or restricted by law or by contract, from the trust fund created pursuant to this chapter, the State Treasurer shall direct one million dollars annually for five fiscal years beginning with the first fiscal year in which funds are available, to the Department of Agriculture to cause the marketing and branding of South Carolina agricultural crops or produce as being grown in South Carolina when offered for sale in retail establishments and to assist in relief from natural disasters affecting state-grown crops.
S.C. Code Ann. § 11-37-210 — SC Code / Title 11 / Chapter 37 / Section 11-37-210
SECTION 11-37-210. Tax exempt status of authority.
Status: in_force

The authority in performing an essential governmental function in the exercise of the powers conferred upon it is not required to pay any taxes or assessments upon any project or any property or upon any of its operations or the income from them, or any taxes or assessments upon any project or any property or local obligation acquired or used by the authority or upon the income from them. Any bonds issued by the authority, the transfer of bonds, and the income from them, is free from taxation and assessment of every kind by the State and by the local governments and other political subdivisions of the State.
S.C. Code Ann. § 11-37-170 — SC Code / Title 11 / Chapter 37 / Section 11-37-170
SECTION 11-37-170. Capital reserve funds.
Status: in_force

(A)(1) The authority may create and establish one or more capital reserve funds and may pay into each capital reserve fund any: (a) monies appropriated and made available by the State for the purpose of such a fund; (b) proceeds of the sale of bonds of the authority to the extent provided in the resolution authorizing the issuance of, or the trust indenture securing, the bonds; and (c) other monies which may be made available to the authority for the purpose of such a fund from any other source. All monies held in any capital reserve fund, except as provided in this chapter, must be used solely for the payment, when due, of the principal of, and interest on the bonds secured in whole or in part by such a fund. If monies in any such fund are less than the reserve fund requirement established upon the issuance of any bonds for the fund, the authority may not use the monies for any optional purchase or redemption of bonds until the reserve fund requirement is fully restored. Any income or interest earned on, or increment to, any capital reserve fund due to its investment may be transferred by the authority to its other funds or accounts if it does not reduce the amount in the capital reserve fund below the reserve fund requirement. (2) The authority may not at any time issue bonds secured in whole or in part by any capital reserve fund, if upon the issuance, the amount in the capital reserve fund is less than the reserve fund requirement unless it, at the time of issuance of the bonds, deposits in the fund an amount which, together with the amount then in the fund, is not less than the fund's reserve fund requirement. (B) The authority may create and establish other funds as necessary or desirable for its corporate purposes. (C) Nothing in this section may be construed as limiting the power of the authority to issue bonds not secured by a capital reserve fund.
S.C. Code Ann. § 11-1-20 — SC Code / Title 11 / Chapter 1 / Section 11-1-20
SECTION 11-1-20. Interest on deposits of public funds.
Status: in_force

All state, county, and municipal officers depositing funds that accrue interest in a bank or other depository shall account to the respective governing body for all interest collected upon these deposits. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years.
S.C. Code Ann. § 11-45-60 — SC Code / Title 11 / Chapter 45 / Section 11-45-60
SECTION 11-45-60. Selection of investment plans.
Status: in_force

Each designated investor group authorized by its designated investor contract shall solicit from investors plans for the investing of capital held in the designated investor group's revolving fund in accordance with the requirements of this chapter. Each designated investor group shall consider and select the investment plans and shall select investors qualified to: (1) make the most effective and efficient utilization of the investment; and (2) invest in venture capital investments, requiring equity, near-equity, or seed capital which promote the economic development goals of this State in accordance with the strategy established by the Department of Commerce.
S.C. Code Ann. § 11-5-260 — SC Code / Title 11 / Chapter 5 / Article 1 / Section 11-5-260
SECTION 11-5-260. Check for payment of claim not presented for payment within two years; reissuance upon proof of nonpayment.
Status: in_force

If a check issued by the Treasurer for the payment of a claim is not presented for payment within two years from the date of the check, the amount of the check must be credited back into the State Treasury and the check written off the books of the Treasurer. However, a check may be reissued upon satisfactory proof of nonpayment.
S.C. Code Ann. § 11-41-160 — SC Code / Title 11 / Chapter 41 / Section 11-41-160
SECTION 11-41-160. Purchase by fiduciaries.
Status: in_force

It is lawful for all executors, administrators, guardians, and other fiduciaries to invest any monies in their hands in bonds issued pursuant to this chapter.
S.C. Code Ann. § 11-13-60 — SC Code / Title 11 / Chapter 13 / Section 11-13-60
SECTION 11-13-60. Security for state funds deposited in excess of FDIC coverage.
Status: in_force

(A) A qualified public depository, as defined in subsection (E) of this section, upon the deposit of state funds by the State Treasurer, must secure these deposits by deposit insurance, surety bonds, investment securities, or letters of credit to protect the State against loss in the event of insolvency or liquidation of the institution or for any other cause. To the extent that these deposits exceed the amount of insurance coverage provided by the Federal Deposit Insurance Corporation, the qualified public depository, at the time of deposit, shall: (1) furnish an indemnity bond in a responsible surety company authorized to do business in this State; or (2) pledge as collateral: (a) obligations of the United States; (b) obligations fully guaranteed both as to principal and interest by the United States; (c) general obligations of this State or any political subdivision of this State; or (d) obligations of the Federal National Mortgage Association, the Federal Home Loan Bank, Federal Farm Credit Bank, or the Federal Home Loan Mortgage Corporation; or (3) provide an irrevocable letter of credit issued by the Federal National Mortgage Association, the Federal Home Loan Bank, Federal Farm Credit Bank, or the Federal Home Loan Mortgage Corporation, in which the State Treasurer is named as beneficiary and the letter of credit otherwise meets the criteria established and prescribed by the State Treasurer. The State Treasurer shall exercise prudence in accepting collateral securities or other forms of deposit security. (B)(1) A qualified public depository has the following options: (a) To secure all or a portion of uninsured state funds under the Dedicated Method where all or a portion of the uninsured state funds are secured separately. The qualified public depository shall maintain a record of all securities pledged, with the record being an official record of the qualified public depository and made available to examiners or representatives of all regulatory agencies. The State Treasurer shall maintain a record of the securities pledged for monitoring purposes. (b) To secure all or the remainder of uninsured state funds under the Pooling Method where a pool of collateral is established by the qualified public depository under the direction of the State Treasurer for the benefit of the State. The State Treasurer shall determine the requirements and operating procedures for this pool. The depository shall maintain a record of all securities pledged, with the record being an official record of the qualified public depository and made available to examiners or representatives of all regulatory agencies. The State Treasurer shall maintain a record of the securities pledged for monitoring purposes. (2) Notwithstanding the provisions of item (1) of this subsection, the State Treasurer, when other federal or state law applies, may require a qualified public depository to secure all uninsured state funds separately under the Dedicated Method. (C) A qualified public depository shall not accept or retain any state funds that are required to be secured unless it has deposited eligible collateral equal to its required collateral with some proper depository pursuant to this chapter. (D) The State Treasurer may assess a fee against the investment earnings of various state funds managed or invested by the State Treasurer to cover the operation and management costs associated with this section and Section 6-5-15(E)(1)(b). These fees may be retained and expended to provide these services and may not exceed the actual costs associated with providing the services. (E) "Qualified public depository" means any national banking association, state banking association, federal savings and loan association, or federal savings bank located in this State, and any bank, trust company, or savings institution organized under the law of this State that receives or holds state funds that are secured pursuant to this chapter.
S.C. Code Ann. § 11-3-160 — SC Code / Title 11 / Chapter 3 / Section 11-3-160
SECTION 11-3-160. Lost warrants; duplicates.
Status: in_force

In case any warrant issued by the Comptroller General shall be lost and fails to reach the person to whom it has been mailed, the Comptroller General shall, upon satisfactory proof to him of the fact of such loss and upon receiving a bond in an amount double the sum for which the warrant was drawn, issue to such person a duplicate warrant for the sum for which the original warrant was drawn. The duplicate warrant shall state upon its face that it is a duplicate and payable only in case the original warrant is unpaid. Such duplicate warrant, duly endorsed, shall be sufficient for payment by the State Treasurer.
S.C. Code Ann. § 11-41-10 — SC Code / Title 11 / Chapter 41 / Section 11-41-10
SECTION 11-41-10. Short title.
Status: in_force

This chapter may be cited as the "State General Obligation Economic Development Bond Act.
S.C. Code Ann. § 11-7-60 — SC Code / Title 11 / Chapter 7 / Section 11-7-60
SECTION 11-7-60. Cost of preparing Comprehensive Annual Financial Report; requests for proposal.
Status: in_force

Each State agency shall remit to the State Auditor an amount representing an equitable portion of the expense of contracting with a certified public accounting firm to conduct a portion of the audit of the State's Comprehensive Annual Financial Report prepared by the Comptroller General's Office. Each state agency's equitable portion of the expense must be determined by a schedule developed by the State Auditor. The remittance must be based upon invoices provided by the State Auditor upon completion of the annual audit. The audit must be rebid using a request for proposals no less frequently than every five years.
S.C. Code Ann. § 11-49-150 — SC Code / Title 11 / Chapter 49 / Section 11-49-150
SECTION 11-49-150. Consent to and approval of master settlement agreement; modification.
Status: in_force

The General Assembly consents to and approves the Master Settlement Agreement on behalf of this State and all of its agencies, departments, offices, political subdivisions, and other instrumentalities and bodies politic; and no such agencies, departments, offices, political subdivisions, and other instrumentalities or bodies politic of the State shall have any power or authority to bring suit against the participating manufacturers for claims in the nature of those settled by the Master Settlement Agreement. At any time when bonds are outstanding and for one year and one day thereafter, the State must not agree to the amendment of the Master Settlement Agreement without the approval of the authority; during that period, the authority may approve on behalf of the State amendments to the Master Settlement Agreement if such amendments do not diminish the rights and remedies of the authority or the holders or any outstanding bonds. This restriction on amendment of the Master Settlement Agreement is a part of the covenant with the bondholders.
S.C. Code Ann. § 11-27-90 — SC Code / Title 11 / Chapter 27 / Section 11-27-90
SECTION 11-27-90. Form, sale, and maturity of bonds or other obligations.
Status: in_force

Notwithstanding any contrary provision of any law relating to the form, sale and maturity of bonds or other obligations of any county, city, town, township, public service district, special purpose district, public housing authority, school district or any other agency or political subdivision of the State: (a) Such bonds may be in fully registered form and the interest thereon may be payable at such intervals as the governing body of the issuer shall prescribe; (b) Such bonds may be sold at private sale to the United States of America or any agency or department thereof; and (c) If such bonds are sold to the United States of America or any agency or department thereof, they may be expressed to mature not later than fifty years from the date as of which they shall be issued or such shorter period as may be required by New Article X of the Constitution of South Carolina, and the amount, date and frequency of the maturities of such bonds or other obligations shall be as prescribed by the governing body of the issuer.
S.C. Code Ann. § 11-9-665 — SC Code / Title 11 / Chapter 9 / Article 7 / Section 11-9-665
SECTION 11-9-665. Purchase of real property as investments of certain reserve or sinking funds.
Status: in_force

(A) The authority on behalf of the State may acquire for use by the State real property as investments of any reserve or sinking fund of the State which is not pledged for payment of bonded indebtedness. Provided, however, such expenditures from the reserve or sinking fund shall not exceed two million dollars. Upon any such acquisition the authority shall execute a note evidencing such investment upon such terms and conditions as may be appropriate in each instance. The note shall include a pledge of the board to apply on its payment all net income derived from the property so acquired; provided, that funding for any permanent project on the property shall provide for repayment of any outstanding balance to the appropriate reserve or sinking fund. Provided, further, that the purchase price of any property so acquired, including improvements existing or proposed, shall not be in excess of the actual value thereof as established by at least two appraisals satisfactory to the said board. Any property not put to permanent use by the State or one of its agencies or departments within six years shall be sold at public auction and the proceeds repaid to the appropriate reserve or sinking fund. Provided, further, that no property shall be acquired pursuant to the provisions of this section when the grantor has entered into a contract with any county, city or other political subdivision which created a tax obligation with respect to the property and such obligation has not been resolved to the satisfaction of the county, city or other political subdivision involved. (B) Provided, that prior to purchasing, or contracting to purchase any real property the authority shall engage an independent engineer to make borings so as to insure that the property is adaptable to the contemplated use. Effect of Amendment 2014 Act No. 121, SECTION 7.T.2, added the paragraph designators; in subsection (A), substituted "the authority" for "the Budget and Control Board" in the first instance, and "the State Budget and Control Board" in the second instance; substituted "the authority" for "the Budget and Control Board" in subsection (B); and made other nonsubstantive changes.
S.C. Code Ann. § 11-57-310 — SC Code / Title 11 / Chapter 57 / Article 3 / Section 11-57-310
SECTION 11-57-310. List of persons engaged in investment activities in Iran; ineligibility to contract with State; validity of contracts.
Status: in_force

(A)(1) No more than one hundred twenty days after the effective date of this act, the Executive Director of the State Fiscal Accountability Authority shall develop or contract to develop, using credible information available to the public, a list of persons it determines engage in investment activities in Iran as described in Section 11-57-310. If the executive director has contracted to develop the list, the list shall be finally developed no more than one hundred twenty days after the effective date of this act. The list, when completed, shall be posted on the website of the State Fiscal Accountability Authority. (2) The executive director shall update the list every one hundred eighty days. (3) Before finalizing an initial list or an updated list, the executive director must do all of the following before a person is included on the list: (a) Provide ninety days' written notice of the executive director's intent to include the person on the list. The notice shall inform the person that inclusion on the list would make the person ineligible to contract with the State. The notice shall specify that the person, if it ceases its engagement in investment activities in Iran, may be removed from the list. (b) The executive director shall provide a person with an opportunity to comment in writing that it is not engaged in investment activities in Iran. If the person demonstrates to the executive director that the person is not engaged in investment activities in Iran, the person shall not be included on the list. (4) The executive director shall make every effort to avoid erroneously including a person on the list. (B) A person that is identified on a list created pursuant to subsection (A) as a person engaging in investment activities in Iran as described in Section 11-57-300, is ineligible to contract with the State. (C) Any contract entered into with a person that is ineligible to contract with the State shall be void ab initio. 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. § 11-39-30 — SC Code / Title 11 / Chapter 39 / Section 11-39-30
SECTION 11-39-30. Oversight responsibility.
Status: in_force

The Joint Legislative Committee on Energy has the authority and responsibility of continuous energy program oversight on the actual expenditure and use of the oil overcharge funds, including, but not limited to, the receipt and review of all reports, contracts, and subcontracts issued and any other information considered necessary to assure that such funds are being utilized in accordance with the energy policy and energy program plans approved as stated in this chapter.
S.C. Code Ann. § 11-35-2720 — SC Code / Title 11 / Chapter 35 / Article 7 / Section 11-35-2720
SECTION 11-35-2720. Duties of the chief procurement officers and the using agencies.
Status: in_force

The chief procurement officers may prepare or review, issue, revise, and maintain the specifications for supplies, services, information technology, and construction required by the State, except for supplies, services, information technology, and construction items procured by the governmental bodies pursuant to Sections 11-35-1550, 11-35-1570, and 11-35-3230, the specification for which must be prepared and maintained by the using agencies in accordance with the provisions of this article and regulations promulgated under it and monitored periodically by the chief procurement officers.
S.C. Code Ann. § 11-56-40 — SC Code / Title 11 / Chapter 56 / Section 11-56-40
SECTION 11-56-40. Microenterprise Partnership Program.
Status: in_force

The Department of Commerce shall establish the Microenterprise Partnership Program to coordinate and facilitate the development of microlending and microenterprises in this State and: (1) shall secure funding to provide grants to microloan delivery organizations for the development and financing of microenterprises, including identifying and coordinating private and federal sources of funds that may be available to the department to enhance the State's ability to facilitate program grants; (2) may engage in contractual relationships with statewide microlending support organizations to assist with the administration of this program, including awarding and overseeing grants.
S.C. Code Ann. § 11-15-250 — SC Code / Title 11 / Chapter 15 / Article 3 / Section 11-15-250
SECTION 11-15-250. Advertisements for purchase of securities.
Status: in_force

In making such investment of sinking funds in securities other than those of the county in which such sinking fund was created the custodian shall advertise once a week for two weeks in one newspaper published in the county in which such a sinking fund is established or in a newspaper having a general circulation in such county for offers of sale of bonds of the issue for which the sinking fund is established and of bonds of political subdivisions of this State, with the right to reject any and all offers.
S.C. Code Ann. § 11-35-1260 — SC Code / Title 11 / Chapter 35 / Article 3 / Section 11-35-1260
SECTION 11-35-1260. Authority to contract for legal services.
Status: in_force

No contract for the services of attorneys shall be awarded without the approval of the State Attorney General except where specific statutory authority is otherwise provided.
S.C. Code Ann. § 11-9-820 — SC Code / Title 11 / Chapter 9 / Article 9 / Section 11-9-820
SECTION 11-9-820. Duties of the office set forth in Subarticles.
Status: in_force

The duties of the office are set forth in Subarticles 1 and 2. Editor's Note Prior Laws: Former SECTION 11-9-820 was titled Board of Economic Advisors; membership and appointment; reporting; staffing, and had the following history: 1982 Act No. 466, Part II, SECTION 44; 1992 Act No. 501, Part II, SECTION 13A; 1993 Act No. 181, SECTION 89; 2002 Act No. 356, SECTION 1, Part IX.B; 2014 Act No. 121 (S.22), Pt VI, SECTION 8.B, eff July 1, 2014. See now, Code 1976 SECTION 11-9-1110.
S.C. Code Ann. § 11-5-230 — SC Code / Title 11 / Chapter 5 / Article 1 / Section 11-5-230
SECTION 11-5-230. Account for provision of matching disaster assistance funds as required by federal agencies.
Status: in_force

There is established in the Office of the State Treasurer a continuing account to be used to match disaster assistance funds when required by the federal entity providing the funds. The fund must be established and maintained with appropriations as the General Assembly may authorize in the annual General Appropriations Act and as otherwise provided herein and shall continue from year to year. The State Treasurer shall hold the funds in a separate and distinct account and all interest and other income accruing on the funds must be retained in the account. The funds in the continuing account may be disbursed only upon the authorization of the Governor. In a Presidentially declared disaster it is the intent of the General Assembly that the Governor's recourse is to funds approved by the General Assembly into the Disaster Trust Fund. If the Governor finds that the demand upon this fund is unreasonably great and insufficient to meet immediate disaster needs (and the General Assembly is not in session), he may request through the State Fiscal Accountability Authority a transfer into the Disaster Trust Fund monies appropriated for other purposes and in amounts not to exceed five million dollars in any fiscal year 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), effective July 1, 2015.
S.C. Code Ann. § 11-35-4320 — SC Code / Title 11 / Chapter 35 / Article 17 / Section 11-35-4320
SECTION 11-35-4320. Contract controversies.
Status: in_force

Remedies available in a contract controversy brought under the provisions of Section 11-35-4230. The appropriate chief procurement officer or the Procurement Review Panel, in the case of review under Section 11-35-4410(1), may award such relief as is necessary to resolve the controversy as allowed by the terms of the contract or by applicable law.
S.C. Code Ann. § 11-60-40 — SC Code / Title 11 / Chapter 60 / Section 11-60-40
SECTION 11-60-40. Requirements for pay-for-success contracts.
Status: in_force

Each pay-for-success contract must include the following: (1) a full and thorough description of the objectives of the pay-for-success contract; a clear description of the program, service, or project management services to be performed by the private-sector organization; a clear statement of the outcomes sought to be achieved for a certain population; the time period under which the outcomes must be achieved; a clear statement of the performance measures used to measure the outcomes; an analysis of how the defined performance measures will demonstrate progress in addressing the objectives; and how achieving the objectives should provide a significant public benefit; (2) a requirement that the state agency will transfer funds to fully cover the success payment under the pay-for-success contract to the trust account that is specifically established for pay-for-success contracts provided in Section 11-60-50; (3) a requirement that any success payment is conditioned on achieving specific outcomes based on the defined performance measures, as evaluated by an independent evaluator; (4) a requirement that the private-sector organization provide evidence that the private-sector organization has secured all of the necessary financing before service delivery begins; (5) a description of the data each state agency involved in developing the pay-for-success contract will provide to the private-sector organization. Data will be provided by the state agency only to the extent permissible by law; (6) the objective process that an independent evaluator, procured by the state agency, will use to monitor program progress and determine if a performance measure is achieved; (7) the reporting requirements the private-sector organization must provide to the state agency regarding the private-sector organization's progress in meeting the performance measures; (8) the method that will be used to calculate the amount and timing of success payments to the private-sector organization during the pay-for-success contract if the independent evaluator determines that the private-sector organization achieves a performance measure; (9) the terms under which a pay-for-success contract may be terminated. Editor's Note 2021 Act No. 52, SECTION 1, provides as follows: "SECTION 1. This act must be known and may be cited as the 'South Carolina Pay-for-Success Performance Accountability Act'."
S.C. Code Ann. § 11-44-60 — SC Code / Title 11 / Chapter 44 / Section 11-44-60
SECTION 11-44-60. Registration of qualified businesses.
Status: repealed

(A) A qualified business shall register with the Secretary for purposes of this chapter. Approval of this registration constitutes certification by the Secretary for twelve months after being issued. A business is permitted to renew its registration with the Secretary so long as, at the time of renewal, the business remains a qualified business. (B) If the Secretary finds that any information contained in an application of a business for registration under this chapter is false, the Secretary shall revoke the registration of the business. The Secretary shall not revoke the registration of a business only because it ceases business operations for an indefinite period of time, as long as the business renews its registration. (C) A registration as a qualified business may not be sold or otherwise transferred, except that, if a qualified business enters into a merger, conversion, consolidation, or other similar transaction with another business and the surviving company would otherwise meet the criteria for being a qualified business, the surviving company retains the registration for the twelve-month registration period without further application to the Secretary. In this case, the qualified business shall provide the Secretary with written notice of the merger, conversion, consolidation, or similar transaction and other information as required by the Secretary. (D) By January thirty-first each year, the Secretary shall report to the House Ways and Means Committee, the Senate Finance Committee, and the Governor, a list of the businesses that have registered with the Secretary as a qualified business. The report must include, by county, the name and address of each business, the location of its headquarters, a description of the type of business in which it engages, the amount of capital it has raised including the amount of qualified investment as defined by this chapter, the number of full-time, part-time, and temporary jobs created by the business during the period covered by the report, and the average wages paid by these jobs. An aggregated statewide report containing the number of businesses, the amount of capital raised by the businesses including the amount of qualified investment as defined by this chapter, the number of full-time, part-time and temporary jobs created by the businesses, and the average wages paid by these jobs also must be made available in a conspicuous place on the Secretary's website. The report must be updated annually. 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. § 11-13-40 — SC Code / Title 11 / Chapter 13 / Section 11-13-40
SECTION 11-13-40. General deposit account.
Status: in_force

The State Treasurer, with the advice and approval of the State Fiscal Accountability Authority, shall keep in a general deposit account all monies held by him for the account of all state funds which, in the opinion of the authority, may be properly consolidated. The authority shall designate the accounts which shall be so kept and the accounts which shall be carried as special deposits. The records of the State Treasurer and the Comptroller General shall, at all times, reflect the true cash balance of each fund comprising the general deposit account. Properly authorized obligations of the respective state funds comprising the general deposit account shall be paid therefrom, but no overdraft shall be permitted in any funds which will not be covered by the receipt of revenue or monies belonging to such fund within a reasonable time. 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. § 11-18-30 — SC Code / Title 11 / Chapter 18 / Section 11-18-30
SECTION 11-18-30. Volume Cap allocation.
Status: in_force

For any Volume Cap allocation of Qualified Energy Conservation Bonds and any other Volume Cap allocation for Other Federal Bonds, which has not been or shall not be further suballocated by the Code, the Internal Revenue Service or the United States Department of the Treasury, the board is authorized to suballocate such Volume Cap allocation.
S.C. Code Ann. § 11-40-170 — SC Code / Title 11 / Chapter 40 / Section 11-40-170
SECTION 11-40-170. Bonds of authority made securities.
Status: in_force

The bonds of the authority are made securities in which all public officials and bodies of the State and all municipalities, all insurance companies and associations, and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks, and savings associations, investment companies and other persons carrying on a banking business, and administrators, guardians, executors, trustees, and other fiduciaries and all other persons whatsoever, who are now or may hereafter be authorized to invest in bonds or other obligations of the State, may properly and legally invest funds including capital in their control or belonging to them. The bonds are also made securities which may be deposited with and may be received by all public officers and bodies of this State and all municipalities for any purposes for which the deposit of bonds or other obligations of this State are now or hereafter may be authorized.
S.C. Code Ann. § 11-9-830 — SC Code / Title 11 / Chapter 9 / Article 9 / Section 11-9-830
SECTION 11-9-830. Duties of Revenue and Fiscal Affairs Office.
Status: in_force

In order to provide a more effective system of providing advice to the Governor and the General Assembly on economic trends, the Revenue and Fiscal Affairs Office shall: (1) compile and maintain in a unified, concise, and orderly form information about total revenues and expenditures which involve the funding of state government operations, revenues received by the State which comprise general revenue sources of all receipts to include amounts borrowed, federal grants, earnings, and the various activities accounted for in other funds; (2) continuously review and evaluate total revenues and expenditures to determine the extent to which they meet fiscal plan forecasts/projections; (3) evaluate federal revenues in terms of impact on state programs; (4) compile economic, social, and demographic data for use in the publishing of economic scenarios for incorporation into the development of the state budget; (5) bring to the attention of the Governor and the General Assembly the effectiveness, or lack thereof, of the economic trends and the impact on statewide policies and priorities; (6) establish liaison with the Congressional Budget Office and the Office of Management and Budget at the national level; (7) compile and report to the General Assembly, not later than the first day of March each year, a list of each individual tax expenditure from the prior fiscal year and the estimated tax expenditure for the current fiscal year. The report must indicate the specific enactment and program which authorized the expenditure and apply to all tax expenditures in excess of one hundred thousand dollars. Effect of Amendment 2014 Act No. 121, SECTION 8.C, in the first undesignated paragraph, substituted "Governor" for "Budget and Control Board"; in subsection (5), inserted "and the General Assembly"; and made other nonsubstantive changes. 2018 Act No. 246, SECTION 2, in the first undesignated paragraph, substituted "Revenue and Fiscal Affairs Office" for "Board of Economic Advisors". 2019 Act No. 83, SECTION 7, added (7), requiring the Revenue and Fiscal Affairs Office to annually submit tax expenditure reports to the General Assembly.
S.C. Code Ann. § 11-9-895 — SC Code / Title 11 / Chapter 9 / Article 9 / Section 11-9-895
SECTION 11-9-895. Transfer of funds for execution of subarticle.
Status: in_force

The State Fiscal Accountability Authority shall insure an orderly transfer of funds between offices to provide for the execution of this subarticle. 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. § 11-9-890 — SC Code / Title 11 / Chapter 9 / Article 9 / Section 11-9-890
SECTION 11-9-890. Verification by Comptroller General of expenditure schedules used with economic announcements.
Status: in_force

Expenditure schedules used in conjunction with any economic announcements must be verified by the Comptroller General before publication. Editor's Note Prior Laws: Former SECTION 11-9-890 was titled Delineation of fiscal year revenue estimates by quarters; reduction of general fund appropriations; action to avoid year-end deficit, and had the following history: 1986 Act No. 540, Part II, SECTION 46; 2010 Act No. 152, SECTION 3, eff May 6, 2010; 2014 Act No. 121 (S.22), Pt VI, SECTION 9, eff July 1, 2015. See now, Code 1976 SECTION 11-9-1140. Effect of Amendment 2018 Act No. 246, SECTION 2, substituted "before" for "prior to" following "verified by the Comptroller General".
S.C. Code Ann. § 11-3-40 — SC Code / Title 11 / Chapter 3 / Section 11-3-40
SECTION 11-3-40. Assistance.
Status: in_force

The Comptroller General shall employ such assistance as the General Assembly may provide.
S.C. Code Ann. § 11-17-60 — SC Code / Title 11 / Chapter 17 / Section 11-17-60
SECTION 11-17-60. Resolution of governing body; consent or approval required; renewal or refunding.
Status: in_force

Prior to the issuance of notes pursuant to this chapter, the governing body of the borrower shall adopt a resolution obligating the borrower to issue and sell, in the manner prescribed by law, bonds of the borrower in a specified amount and notes of the borrower may be issued pursuant to this chapter to the extent of not exceeding the amount of bonds so specified. Provided, however, if any consent or approval shall be necessary prior to the issuance of bonds by the borrower, the borrower must obtain the same consent or approval prior to the issuance of temporary financing as provided herein. All notes issued pursuant to this chapter may from time to time be renewed or refunded.
S.C. Code Ann. § 11-46-50 — SC Code / Title 11 / Chapter 46 / Section 11-46-50
SECTION 11-46-50. State agency purchase of machinery or equipment operated by hydrogen or fuel cells.
Status: in_force

Each state agency head shall require the agency's procurement officer, or other state employee authorized to purchase equipment or machinery for the agency, to consider purchasing equipment or machinery operated by hydrogen or fuel cells, or both of them, if available and cost-effective.
S.C. Code Ann. § 11-43-130 — SC Code / Title 11 / Chapter 43 / Article 1 / Section 11-43-130
SECTION 11-43-130. Definitions.
Status: in_force

As used in this chapter unless the context clearly indicates otherwise: (1) "Bank" means the South Carolina Transportation Infrastructure Bank. (2) "Board" means the board of directors of the bank. (3) "Bonds" means bonds, notes, or other evidence of indebtedness except as otherwise provided in Article 3 of this chapter. (4) "Department of Transportation" means the South Carolina Department of Transportation and its successors. (5) "Eligible cost" means as applied to a qualified project to be financed from the federal accounts, the costs that are permitted under applicable federal laws, requirements, procedures, and guidelines in regard to establishing, operating, and providing assistance from the bank. As applied to a qualified project to be financed from the state highway account, these costs include the costs of preliminary engineering, traffic and revenue studies, environmental studies, right-of-way acquisition, legal and financial services associated with the development of the qualified project, construction, construction management, facilities, and other costs necessary for the qualified project. As applied to any qualified project to be financed from the state transit account, eligible project costs are limited to capital expenditures for transit equipment and facilities. (6) "Eligible project" means a highway, including bridges, or transit project which provides public benefits by either enhancing mobility and safety, promoting economic development, or increasing the quality of life and general welfare of the public. "Eligible project" also includes mass transit including, but not limited to, monorail and monobeam mass transit systems. (7) "Federal accounts" means collectively, the separate account for federal highway funds and federal transit funds. (8) "Financing agreement" means any agreement entered into between the bank and a qualified borrower pertaining to a loan or other financial assistance. This agreement may contain, in addition to financial terms, provisions relating to the regulation and supervision of a qualified project, or other provisions as the board may determine. The term "financing agreement" includes, without limitation, a loan agreement, trust indenture, security agreement, reimbursement agreement, guarantee agreement, bond or note, ordinance or resolution, or similar instrument. (9) "Government unit" means a municipal corporation, county, special purpose district, special service district, commissioners of public works, or another public body, instrumentality or agency of the State including combinations of two or more of these entities acting jointly to construct, own, or operate a qualified project, and any other state or local authority, board, commission, agency, department, or other political subdivision created by the General Assembly or pursuant to the Constitution and laws of this State which may construct, own, or operate a qualified project. (10) "Loan" means an obligation subject to repayment which is provided by the bank to a qualified borrower for all or a part of the eligible cost of a qualified project. A loan may be disbursed in anticipation of reimbursement for or direct payment of eligible costs of a qualified project. (11) "Loan obligation" means a bond, note, or other evidence of an obligation issued by a qualified borrower. (12) "Other financial assistance" means, but is not limited to, grants, contributions, credit enhancement, capital or debt reserves for bonds or debt instrument financing, interest rate subsidies, provision of letters of credit and credit instruments, provision of bond or other debt financing instrument security, and other lawful forms of financing and methods of leveraging funds that are approved by the board, and in the case of federal funds, as allowed by federal law. (13) "Private entity" means a private person or entity that has entered into a contract with a government unit to design, finance, construct, and operate a highway, bridge, tunnel, or approach that is within the jurisdiction of the government unit that is responsible for complying with applicable federal requirements. (14) "Project revenues" means all rates, rents, fees, assessments, charges, and other receipts derived or to be derived by a qualified borrower from a qualified project or made available from a special source, and, as provided in the applicable financing agreement, derived from any system of which the qualified project is a part of, from any other revenue producing facility under the ownership or control of the qualified borrower including, without limitation, proceeds of grants, gifts, appropriations and loans, including the proceeds of loans made by the bank, investment earnings, reserves for capital and current expenses, proceeds of insurance or condemnation and proceeds from the sale or other disposition of property and from any other special source as may be provided by the qualified borrower. (15) "Qualified borrower" means any government unit or private entity which is authorized to construct, operate, or own a qualified project. (16) "Qualified project" means an eligible project which has been selected by the bank to receive a loan or other financial assistance from the bank to defray an eligible cost. (17) "Revenues" means, when used with respect to the bank, any receipts, fees, income, or other payments received or to be received by the bank including, without limitation, receipts and other payments deposited in the bank and investment earnings on its funds and accounts. (18) "State accounts" means, collectively, the separate account for state highway funds and state transit funds.
S.C. Code Ann. § 11-35-1010 — SC Code / Title 11 / Chapter 35 / Article 3 / Section 11-35-1010
SECTION 11-35-1010. Relationship with using agencies.
Status: in_force

The chief procurement officers shall maintain a close and cooperative relationship with the using agencies. The chief procurement officers shall afford each using agency reasonable opportunity to participate in and make recommendations with respect to procurement matters affecting the using agency.
S.C. Code Ann. § 11-35-4420 — SC Code / Title 11 / Chapter 35 / Article 17 / Section 11-35-4420
SECTION 11-35-4420. Participation in review.
Status: in_force

The appropriate chief procurement officer and an affected governmental body shall have the opportunity to participate fully as a party in a matter pending before the Procurement Review Panel and in an appeal of a decision of the Procurement Review Panel, whether administrative or judicial.
S.C. Code Ann. § 11-35-3820 — SC Code / Title 11 / Chapter 35 / Article 15 / Section 11-35-3820
SECTION 11-35-3820. Allocation of proceeds for sale or disposal of surplus supplies.
Status: in_force

Except as provided in Section 11-35-3830 and the regulations pursuant thereto, the sale of all state-owned supplies, or personal property not in actual public use must be conducted and directed by the Department of Administration. The sales must be held at such places and in a manner as in the judgment of the department is most advantageous to the State. Unless otherwise determined, sales must be by either public auction or competitive sealed bid to the highest bidder. Each governmental body shall inventory and report to the division all surplus personal property not in actual public use held by that governmental body for sale. The department shall deposit the proceeds from the sales, less expense of the sales, in the state general fund or as otherwise directed by regulation. This policy and procedure applies to all governmental bodies unless exempt by law. 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 2014 Act No. 121, SECTION 7.U, substituted "Division of General Services of the Department of Administration" for "designated board office"; substituted "Division of General Services" for "designated board office"; substituted "report to the division" for "report to the designated board office"; and substituted "The division shall deposit" for "The designated board office shall deposit". 2019 Act No. 41, SECTION 52, in the first sentence, deleted "Section 11-35-1580 and" following "Except as provided in", substituted "thereto" for "to them", and deleted "Division of General Services of the" preceding "Department of Administration", in the second sentence, substituted "department" for "Division of General Services", and in the fifth sentence, substituted "department" for "division".
S.C. Code Ann. § 11-48-50 — SC Code / Title 11 / Chapter 48 / Section 11-48-50
SECTION 11-48-50. Compliance information by cigarette distributors; proof of establishment by nonparticipating manufacturers of qualified escrow funds; submission of packaging or labeling samples; authority to promulgate regulations requiring quarterly escrow deposits.
Status: in_force

(A) No later than twenty days after the end of each calendar quarter, and more frequently if so directed by the Attorney General, a cigarette distributor shall submit information the Attorney General requires to facilitate compliance with this chapter including, but not limited to, a list by brand family of the total number of cigarettes or in the case of roll-your-own, the equivalent stick count for which the cigarette distributor affixed stamps during the previous calendar quarter, or otherwise paid the tax due for the cigarettes. The cigarette distributor shall maintain, and make available to the Attorney General, all invoices and documentation of sales of all nonparticipating manufacturer cigarettes and other information relied upon in reporting to the Attorney General for a period of five years. The distributors also shall provide this information and documentation to the Department of Revenue and any other documentation requested by the Department of Revenue. The Department of Revenue shall process this information as needed by that agency and as needed by the Attorney General for the purposes of this chapter and the Tobacco Escrow Fund Act. (B) The Attorney General may share the information received pursuant to this chapter with other federal, state, or local agencies only for purposes of enforcement of this chapter, Chapter 47 of this title, or corresponding laws of other states. The Attorney General is further authorized to disclose to a cigarette manufacturer any information that has been provided by a tobacco product distributor as required by this act regarding the purchases from that manufacturer. (C) The Attorney General may require at any time from the nonparticipating manufacturer, proof from the financial institution in which the manufacturer has established a qualified escrow fund for the purpose of compliance with Chapter 47 of this title of the amount of money in the qualified escrow fund exclusive of interest, the dates of deposits, and the amounts and dates of all withdrawals from the qualified escrow fund. (D) In addition to the information required to be submitted pursuant to Section 11-48-30, the Attorney General may require a cigarette distributor or tobacco product manufacturer to submit additional information including, but not limited to, samples of the packaging or labeling of each brand family, as is necessary to enable the Attorney General to determine if a tobacco product manufacturer is in compliance with this chapter. (E) To promote compliance with the provisions of this chapter, the Attorney General may promulgate regulations requiring a tobacco product manufacturer subject to the requirements of item (2) of Section 11-48-30(A) to make the qualified escrow fund deposits required in quarterly installments during the year in which the sales covered by such deposits are made. The Attorney General may require production of information sufficient to enable the Attorney General to determine the adequacy of the amount of the installment deposit.
S.C. Code Ann. § 11-45-100 — SC Code / Title 11 / Chapter 45 / Section 11-45-100
SECTION 11-45-100. Power of authority to implement chapter; employment of persons.
Status: in_force

(A) The authority has the power to establish guidelines and regulations and make any contract (including without limitation any designated investor contract), execute any document, perform any act, or enter into any financial or other transaction necessary to implement this chapter. (B) In furtherance of subsection (A) above, the authority, or the Department of Commerce on its behalf, as the case may be, may employ any person as may be required for: (1) proper implementation of this chapter; (2) the management of its assets; or (3) the performance of any function authorized or required by this chapter or necessary for the accomplishment of any function. (C) The provisions of Title 11, Chapter 35 do not apply to any transaction necessary to implement this chapter.
S.C. Code Ann. § 11-25-620 — SC Code / Title 11 / Chapter 25 / Article 9 / Section 11-25-620
SECTION 11-25-620. Delivery to and distribution by Legislative Council of journals.
Status: in_force

Upon completion of the permanent work, the printers shall deliver the bound volumes to the Legislative Council which shall deliver five copies of the Senate Journal to the clerk of the Senate and five copies of the House Journal to the clerk of the House of Representatives. The Council shall distribute a copy of each journal to each member of the General Assembly and shall make exchanges with other states. Any remaining copies may be distributed or sold by the Council as it sees fit.
S.C. Code Ann. § 11-40-130 — SC Code / Title 11 / Chapter 40 / Section 11-40-130
SECTION 11-40-130. Trust indenture for securing bonds; provisions of bond resolution or trust indenture; bonds primarily secured by pool of obligations.
Status: in_force

(A) Bonds may be secured by a trust indenture between the authority and a corporate trustee, which may be the State Treasurer or a bank having trust powers or a trust company designated by the State Treasurer. A trust indenture may contain provisions for protecting and enforcing the rights and remedies of the bondholders which are reasonable and proper, including covenants setting forth the duties of the authority in relation to the exercise of its powers and the custody, safekeeping, and application of its money. The authority may provide by the trust indenture for the payment of the proceeds of the bonds and all or any part of the revenues of the authority to the trustee under the trust indenture or to some other depository, and for the method of its disbursement with safeguards and restrictions prescribed by it. (B) A bond resolution or trust indenture pursuant to which bonds are issued may contain provisions which are part of the contract with the holders of the bonds as to such matters relating to the terms of the bonds or the security or protection of the holders of the bonds which the authority considers appropriate. (C) Bonds may be primarily secured by a pool of obligations issued by local governments when the proceeds of the local government obligations are applied to local environmental facility projects.
S.C. Code Ann. § 11-9-115 — SC Code / Title 11 / Chapter 9 / Article 1 / Section 11-9-115
SECTION 11-9-115. Certain purchases made by State not subject to fair trade contracts.
Status: in_force

Prices offered in connection with contracts for purchases made by the State of South Carolina for any county, municipality, college or university, political subdivision, school district, or agency of the State shall not be subject to fair trade contracts.
S.C. Code Ann. § 11-40-140 — SC Code / Title 11 / Chapter 40 / Section 11-40-140
SECTION 11-40-140. Validity of pledge by authority; lien of pledge.
Status: in_force

A pledge made by the authority is valid and binding from the time the pledge is made. The revenue, money, or property pledged and thereafter received by the authority is immediately subject to the lien of the pledge without physical delivery or further act. The lien of a pledge is valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the authority, irrespective of whether the parties have notice of the pledge. No recording or filing of the resolution authorizing the issuance of bonds, the trust indenture securing bonds, or other instrument including filings under the Uniform Commercial Code is necessary to create or perfect a pledge or security interest granted by the authority to secure bonds, but the record of the proceedings relative to the issuance of any bonds must be filed as prescribed by Section 11-15-20.
S.C. Code Ann. § 11-15-210 — SC Code / Title 11 / Chapter 15 / Article 3 / Section 11-15-210
SECTION 11-15-210. Investment of sinking funds of political subdivisions of the State; changing investments.
Status: in_force

The custodian of any sinking fund required to be established by the laws of this State for the retirement at maturity of bonds, notes or other obligations issued by any political subdivision of the State not maturing within one year from the date of issue shall invest, within six months from the collection of the tax levied for the establishment of such sinking fund, the funds so collected in bonds of the issue for which the sinking fund is created, in other outstanding issues of such political subdivision or in valid outstanding bonds of some other political subdivision of this State or in bonds of this State or the United States of America, with the privilege of changing the investments from such bonds to other such bonds of any such class, if in the opinion of the custodian of such sinking fund such change is necessary or advisable.
S.C. Code Ann. § 11-35-3021 — SC Code / Title 11 / Chapter 35 / Article 9 / Section 11-35-3021
SECTION 11-35-3021. Subcontractor substitution.
Status: in_force

(1) After notice of an award or intended award has been given, whichever is earlier, the prospective contractor identified in the notice may not substitute a business as subcontractor in place of a subcontractor listed in the prospective contractor's bid or proposal, except for one or more of the following reasons: (a) upon a showing satisfactory to the governmental body by the prospective contractor that: (i) the listed subcontractor is not financially responsible; (ii) the listed subcontractor's scope of work did not include a portion of the work required in the plans and specifications, and the exclusion is not clearly set forth in the subcontractor's original bid; (iii) the listed subcontractor was listed as a result of an inadvertent clerical error, but only if that request is made within four working days of opening; (iv) the listed subcontractor failed or refused to submit a performance and payment bond when requested by the prospective contractor after the subcontractor had represented to the prospective contractor that the subcontractor could obtain a performance and payment bond; and (v) the listed subcontractor must be licensed and did not have the license at the time required by law; (b) if the listed subcontractor fails or refuses to perform his subcontract; (c) if the work of the listed subcontractor is found by the governmental body to be substantially unsatisfactory; (d) upon mutual agreement of the contractor and subcontractor; and (e) with the consent of the governmental body for good cause shown. (2) The request for substitution must be made to the governmental body in writing. This written request does not give rise to a private right of action against the prospective contractor in the absence of actual malice. (3) If substitution is allowed, the prospective contractor, before obtaining prices from another subcontractor, must attempt in good faith to negotiate a subcontract with at least one subcontractor whose bid was received before the submission of the prospective contractor's offer. This section does not affect a contractor's ability to request withdrawal of a bid in accordance with the provisions of this code and the regulations promulgated pursuant to it. (4) This section applies to a procurement conducted using the source selection methods authorized by Section 11-35-3015(2)(b), (3), (5), (6), (7), and (8). 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. § 11-15-30 — SC Code / Title 11 / Chapter 15 / Article 1 / Section 11-15-30
SECTION 11-15-30. Bonds incontestable from twenty days after filing and indexing.
Status: in_force

No action shall be commenced on account of the issuance of any such bonds after the expiration of twenty days from the date of the filing and indexing of such records as prescribed by SECTIONS 11-15-10 and 11-15-20, and such bonds so issued, when in the hands of a bona fide purchaser for value, shall be incontestable, but the period within which such actions may be commenced shall not begin to run until such records have been filed as herein prescribed.
S.C. Code Ann. § 11-51-30 — SC Code / Title 11 / Chapter 51 / Section 11-51-30
SECTION 11-51-30. Definitions.
Status: in_force

As used in this chapter: (1) "Facilities and administration costs" means depreciation and use allowances, interest on debt associated with buildings, equipment and capital improvements, operation and maintenance expenses, library expenses, general administration expenses, departmental administration, sponsored projects administration, and student administration and services. (2) "General obligation debt" means any indebtedness of the State which must be secured in whole or in part by a pledge of the full faith, credit and taxing power of the State, including, but not limited to, bonds, notes, and other evidences of indebtedness, and issued pursuant to the provisions of this chapter. (3) "Research Centers of Excellence Review Board" means the board created pursuant to Section 2-75-10. (4) "Research infrastructure project" or " project" means a project that would advance economic development and create a knowledge based economy, thereby increasing job opportunities, or facilitate and increase externally funded research at the research universities, including, but not limited to, land acquisition, acquisition or construction of buildings, equipment, furnishings, site preparation, road and highway improvements, water and sewer infrastructure, and other things necessary or convenient to advance economic development or to facilitate and increase research at the research universities. (5) "Research universities" means Clemson University, The Medical University of South Carolina, and the University of South Carolina—Columbia. (6) "State board" means the governing board of the State Fiscal Accountability Authority. Effect of Amendment 2014 Act No. 121, SECTION 20.L.1, in subsection (6), substituted "governing board of the State Fiscal Accountability Authority" for "South Carolina State Budget and Control Board".
S.C. Code Ann. § 11-35-540 — SC Code / Title 11 / Chapter 35 / Article 3 / Section 11-35-540
SECTION 11-35-540. Authority and duties of the board.
Status: in_force

(1) Authority to Promulgate Regulations. Except as otherwise provided in this code, the board may promulgate regulations, consistent with this code, governing the procurement, management, control, and disposal of all supplies, services, information technology, and construction to be procured by the State. These regulations are binding in all procurements made by the State. (2) Nondelegation. The board may not delegate its power to promulgate regulations. (3) Approval of Operational Procedures. Governmental bodies shall develop internal operational procedures consistent with this code; except, that the operational procedures must be approved in writing by the appropriate chief procurement officer. The operational procedures must be consistent with this chapter. Operational procedures adopted pursuant to this chapter are exempt from the requirements of Section 1-23-140. (4) The board shall consider and decide matters of policy within the provisions of this code including those referred to it by the chief procurement officers. The board has the power to audit and monitor the implementation of its regulations and the requirements of this code. Effect of Amendment 2019 Act No. 41, SECTION 10, deleted (5), which related to the chief executive officer of the board designating offices or board officers for references in this code to a "designated board office" or a "designated board officer".
S.C. Code Ann. § 11-41-90 — SC Code / Title 11 / Chapter 41 / Section 11-41-90
SECTION 11-41-90. Authorizing resolution.
Status: in_force

To effect the issuance of bonds, the State Fiscal Accountability Authority shall adopt a resolution providing for the issuance of bonds pursuant to the provisions of this chapter. The authorizing resolution must include: (1) a statement of whether the bonds are being authorized and issued pursuant to Section 11-41-50(A), Section 11-41-50(B), or Section 11-41-50(C); (2) a schedule showing the aggregate of bonds issued, the annual principal payments required to retire the bonds, and the interest on the bonds; (3) the amount of bonds proposed to be issued; (4) a schedule showing future annual principal requirements and estimated annual interest requirements on the bonds to be issued; and (5) certificates evidencing that the provisions of Sections 11-41-50 and 11-41-60 have been or will be met. (6) a statement that the resolution required by this section for the issuance of bonds pursuant to this chapter is adopted not later than eighteen months after the date of the first notification to the Joint Bond Review Committee and the State Fiscal Accountability Authority with respect to such economic development project pursuant to Section 11-41-70. Code Commissioner's Note The reference to Section 11-41-50(C) in subsection (1), and subsection (6) were inadvertently omitted from 2014 Act No. 121, SECTION 20.H.2. This text, as added by 2013 Act No. 13, SECTION 9, has been restored, and the phrase "Fiscal Accountability Authority" has been substituted in subsection (6) for "Budget and Control Board". Effect of Amendment The 2013 amendment, in subsection (1), inserted the reference to Section 11-41-50(C), and added subsection (6), relating to Section 11-41-70. 2014 Act No. 121, SECTION 20.H.2, in the first undesignated paragraph, substituted "Fiscal Accountability Authority" for "Budget and Control Board"; and made other nonsubstantive changes.
S.C. Code Ann. § 11-50-130 — SC Code / Title 11 / Chapter 50 / Section 11-50-130
SECTION 11-50-130. Liability of authority, officers, employees, or committees.
Status: in_force

Neither the authority nor any officer, employee, or committee of the authority 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. § 11-50-40 — SC Code / Title 11 / Chapter 50 / Section 11-50-40
SECTION 11-50-40. Definitions.
Status: in_force

As used in this chapter, unless the context clearly indicates otherwise: (1) "Authority" means the South Carolina Rural Infrastructure Authority. (2) "Board" means the board of directors of the authority. (3) "Eligible cost" means as applied to a qualified project to be financed from the Rural Infrastructure Fund, the costs that are permitted under applicable laws, requirements, procedures, and guidelines in regard to establishing, operating, and providing assistance from the authority. (4) "Eligible project" means rural infrastructure as defined in item (13). (5) "Eligible entity" means a municipality, county, special purpose or public service district, and public works commission. The term "eligible project" also includes a not-for-profit water company. (6) "Financing agreement" means any agreement entered into between the authority and an eligible entity pertaining to a loan or other financial assistance. This agreement may contain, in addition to financial terms, provisions relating to the regulation and supervision of a qualified project, or other provisions as the board may determine. The term "financing agreement" includes, without limitation, a loan agreement, trust indenture, security agreement, reimbursement agreement, guarantee agreement, bond or note, ordinance or resolution, or similar instrument. (7) "Loan" means an obligation subject to repayment which is provided by the authority to a qualified borrower for all or a part of the eligible cost of a qualified project. A loan may be disbursed in anticipation of reimbursement for or direct payment of eligible costs of a qualified project. (8) "Loan obligation" means a bond, note, or other evidence of an obligation issued by a qualified borrower. (9) "Other financial assistance" means, but is not limited to, grants, contributions, credit enhancement, capital or debt reserves for bonds or debt instrument financing, interest rate subsidies, provision of letters of credit and credit instruments, provision of bond or other debt financing instrument security, and other lawful forms of financing and methods of leveraging funds that are approved by the board. (10) "Qualified borrower" means any eligible entity which is authorized to construct, operate, or own a qualified project. (11) "Qualified project" means an eligible project which has been selected by the authority to receive a loan or other financial assistance from the authority to defray an eligible cost. (12) "Revenues" means, when used with respect to the authority, any receipts, fees, income, or other payments received or to be received by the authority including, without limitation, receipts and other payments deposited in the Rural Infrastructure Fund and investment earnings on the Rural Infrastructure Fund. (13) "Rural infrastructure project" means 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, aquaculture, and employment opportunities, all of which must be primarily located in a county designated as distressed or least developed pursuant to Section 12-6-3360 for 2009 or located in a county with a project that otherwise meets the requirements of this item. A rural infrastructure project also includes water supply and aquaculture projects.
S.C. Code Ann. § 11-43-310 — SC Code / Title 11 / Chapter 43 / Article 3 / Section 11-43-310
SECTION 11-43-310. Definitions.
Status: in_force

As used in this article, unless a different meaning clearly appears from the context: (1) "Bank" means the South Carolina Transportation Infrastructure Bank. (2) "Bonds" means any bonds, notes, debentures, interim certificates, grant or revenue anticipation notes, or any other evidence of indebtedness of the bank incurred pursuant to this article.
S.C. Code Ann. § 11-35-450 — SC Code / Title 11 / Chapter 35 / Article 1 / Section 11-35-450
SECTION 11-35-450. Reporting purchases.
Status: in_force

(A) The purchase of furniture, floor coverings, wall coverings, or other decorative or ornamental items by a governmental body must be reported to the governing board, commission, or council of the respective governmental body before the purchase, when the cost of the furniture, covering, or item exceeds one thousand dollars and it is to be used in: (1) an office or adjoining reception area utilized by an agency director or assistant agency director; or (2) a board room or a conference room used as a board room. (B) The reports required in subsection (A) must include the item to be purchased and its price. Upon receiving the reports, the governing board, commission, or council of the respective governmental body formally shall approve or disapprove the purchase.
S.C. Code Ann. § 11-18-50 — SC Code / Title 11 / Chapter 18 / Section 11-18-50
SECTION 11-18-50. Board to develop application form for reallocation of any waived Volume Cap allocation; factors for reallocation.
Status: in_force

(A) Within thirty days of the effective date of this chapter, the board shall develop a form for use by any eligible issuer in applying for reallocation of any waived Volume Cap allocation. Applications for reallocation may be accepted by the board at times prescribed by the board. The board may make reallocations as soon as it determines that there is an actual or deemed waiver of any Volume Cap allocation. (B) In making reallocations, the board may consider the following factors: (1) the likelihood of successful completion of such financing; (2) the number of jobs to be created or preserved and the wages for such jobs; (3) relative economic need and benefit to the applicant and any other entity benefiting from the proposed issue; and (4) the overall best interest of the State and the people of the State. (C) Upon making any reallocation, the board shall provide written notice of the reallocation of Volume Cap to the eligible issuer by United States registered or certified mail.
S.C. Code Ann. § 11-5-130 — SC Code / Title 11 / Chapter 5 / Article 1 / Section 11-5-130
SECTION 11-5-130. Payment of appropriations to state institutions.
Status: in_force

The appropriation made for a state institution shall be paid to the treasurer of the institution, who shall be a bonded officer. The bond shall be approved by the Attorney General as to its form and execution and by the Governor as to its sufficiency and shall be filed with the State Treasurer. The treasurer of the institution shall draw his receipt warrant upon the Comptroller General for the amount as needed. Such receipt warrant shall be countersigned by the president or superintendent of the institution and have attached thereto an itemized sworn statement showing the purposes in detail for which the money to be drawn is to be used. All money shall be drawn only when actually owing and due. Upon the receipt by the Comptroller General of the receipt warrant, signed and countersigned and with the statement attached as above provided, the Comptroller General shall issue his warrant on the State Treasurer in favor of the treasurer of the institution for the amount drawn, and the State Treasurer shall pay the warrant, the amount thereof to be charged to the appropriation account of such institution by the Comptroller General and the State Treasurer.
S.C. Code Ann. § 11-35-3830 — SC Code / Title 11 / Chapter 35 / Article 15 / Section 11-35-3830
SECTION 11-35-3830. Trade-in sales.
Status: in_force

(1) Trade-in Value. Unless otherwise provided by law, governmental bodies may trade-in personal property, the trade-in value of which may be applied to the procurement or lease of like items. The trade-in value of such personal property shall not exceed an amount as specified in regulations promulgated by the board. (2) Approval of Trade-In Sales. When the trade-in value of personal property of a governmental body exceeds the specified amount, the Department of Administration shall have the authority to determine whether: (a) the subject personal property shall be traded in and the value applied to the purchase of new like items; or (b) the property shall be classified as surplus and sold in accordance with the provisions of Section 11-35-3820. The department's determination shall be in writing and be subject to the provisions of this chapter. (3) Record of Trade-In Sales. Governmental bodies shall submit quarterly to the Division of Procurement Services a record listing all trade-in sales made under subsections (1) and (2) of this section, including any applicable written determinations. 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 53, in (2), substituted "Department of Administration" for "board", and in (b), in the second sentence, substituted "The department's" for "The board's"; and in (3), substituted "Division of Procurement Services" for "materials management officer" and inserted ", including any applicable written determinations".
S.C. Code Ann. § 11-57-320 — SC Code / Title 11 / Chapter 57 / Article 3 / Section 11-57-320
SECTION 11-57-320. Exception to contract prohibition on case-by-case basis.
Status: in_force

Notwithstanding Section 11-57-310, a person engaged in investment activities in Iran as described in Section 11-57-300, may contract with the State if: (1) the investment activities in Iran were made before January 1, 2015, the investment activities in Iran have not been expanded or renewed after the effective date of this act, and the person has adopted, publicized, and is implementing a formal plan to cease the investment activities in Iran and to refrain from engaging in any new investments in Iran; or (2) the state agency makes a determination that the commodities or services are necessary to perform its functions and that, absent such an exemption, the state agency would be unable to obtain the commodities or services for which the contract is offered. Such determination shall be entered into the procurement record. Editor's Note 2015 Act No. 63, SECTION 5, provides as follows: "SECTION 5. This act takes effect upon approval by the Governor and does not apply to contracts entered into before the effective date of this act." Effect of Amendment 2015 Act No. 63, SECTION 2.A, in the undesignated paragraph, deleted ", on a case-by-case basis," following "with the State"; and in (1), substituted "January 1, 2015" for "the effective date of this act".
S.C. Code Ann. § 11-40-180 — SC Code / Title 11 / Chapter 40 / Section 11-40-180
SECTION 11-40-180. Offer, sale, or issuance of bonds, notes, or other obligations not subject to regulation under Chapter 1, Title 35.
Status: in_force

The offer, sale, or issuance of bonds, notes, or other obligations by the authority are not subject to regulation under Chapter 1, Title 35.
S.C. Code Ann. § 11-27-20 — SC Code / Title 11 / Chapter 27 / Section 11-27-20
SECTION 11-27-20. Effect of New Article X on other laws.
Status: in_force

Except as provided in the remaining sections of this chapter, every law shall remain in full force and effect following the ratification date except to the extent that any provision thereof be in conflict with any provision of New Article X, and to such extent, the provisions of New Article X shall control as though specifically written into such law in lieu of those provisions of such law in conflict with such provisions of New Article X.
S.C. Code Ann. § 11-47-20 — SC Code / Title 11 / Chapter 47 / Section 11-47-20
SECTION 11-47-20. Definitions.
Status: in_force

As used in this chapter: (a) "Adjusted for inflation" means increased in accordance with the formula for inflation adjustment set forth in Exhibit C to the Master Settlement Agreement. (b) "Affiliate" means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person. Solely for purposes of this definition, the terms "owns", "is owned", and "ownership" mean ownership of an equity interest, or the equivalent thereof, of ten percent or more, and the term "person" means an individual, partnership, committee, association, corporation, or any other organizations or group of persons. (c) "Allocable share" means allocable share as that term is defined in the Master Settlement Agreement. (d) "Cigarette" means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains: (1) any roll of tobacco wrapped in paper or in any substance not containing tobacco; (2) tobacco, in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or (3) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in subitem (1) of this definition. The term "cigarette" includes "roll-your-own" (any tobacco which, because of its appearance, type, packaging, or labeling is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes). For purposes of this definition of "cigarette", 0.09 ounces of "roll-your-own" tobacco shall constitute one individual "cigarette". (e) "Master Settlement Agreement" means the settlement agreement and related documents entered into on November 23, 1998, by the State and leading United States tobacco product manufacturers. (f) "Qualified escrow fund" means an escrow arrangement with a federally or state-chartered financial institution having no affiliation with any tobacco product manufacturer and having assets of at least $1,000,000,000 where such arrangement requires that such financial institution hold the escrowed funds' principal for the benefit of releasing parties and prohibits the tobacco product manufacturer placing the funds into escrow from using, assessing, or directing the use of the funds' principal except as consistent with Section 11-47-30(b)(2) of this chapter. (g) "Released claims" means released claims as that term is defined in the Master Settlement Agreement. (h) "Releasing parties" means releasing parties as that term is defined in the Master Settlement Agreement. (i) "Tobacco product manufacturer" means an entity that after the date of enactment of this act (and not exclusively through any affiliate): (1) manufactures cigarettes anywhere that such manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an importer (except where such importer is an original participating manufacturer (as that term is defined in the Master Settlement Agreement) that will be responsible for the payments under the Master Settlement Agreement with respect to such cigarettes as a result of the provisions of subsection II(mm) of the Master Settlement Agreement and that pays the taxes specified in subsection II(z) of the Master Settlement Agreement, and provided that the manufacturer of such cigarettes does not market or advertise such cigarettes in the United States); (2) is the first purchaser anywhere for resale in the United States of cigarettes manufactured anywhere that the manufacturer does not intend to be sold in the United States; or (3) becomes a successor of an entity described in subitem (1) or (2). The term "tobacco product manufacturer" does not include an affiliate of a tobacco product manufacturer unless such affiliate itself falls within any of subitems (1)—(3) above. (j) "Units sold" means the number of individual cigarettes sold in the State by the applicable tobacco product manufacturer (whether directly or through a distributor, retailer, or similar intermediary or intermediaries) during the year in question, as measured by excise taxes collected by the State on packs (or "roll-your-own" tobacco containers). The Department of Revenue shall ascertain the amount of state excise tax paid pursuant to Article 5, Chapter 21, Title 12 on the cigarettes of such tobacco product manufacturer for each year, and may promulgate regulations necessary for that determination.
S.C. Code Ann. § 11-35-2710 — SC Code / Title 11 / Chapter 35 / Article 7 / Section 11-35-2710
SECTION 11-35-2710. Issuance of specifications; duties of the board.
Status: in_force

The board shall promulgate regulations governing the preparation, maintenance, and content of specifications for supplies, services, information technology, and construction required by the State.
S.C. Code Ann. § 11-3-110 — SC Code / Title 11 / Chapter 3 / Section 11-3-110
SECTION 11-3-110. Transfer of money and papers by Treasurer to successor.
Status: in_force

The Comptroller General shall personally superintend, except in the event of his being sick and thereby rendered unable to attend, the transfer of money and papers from the office of the State Treasurer to his successor and report to the General Assembly thereon at their next session.
S.C. Code Ann. § 11-38-10 — SC Code / Title 11 / Chapter 38 / Section 11-38-10
SECTION 11-38-10. Applicability.
Status: in_force

Notwithstanding the provisions of Act 1377 of 1968, with regard to the denominations of capital improvement bonds which may be issued and the price at which they may be sold, the provisions of this chapter apply to the issuance of capital improvement bonds issued in denominations of less than one thousand dollars.
S.C. Code Ann. § 11-43-580 — SC Code / Title 11 / Chapter 43 / Article 5 / Section 11-43-580
SECTION 11-43-580. Form, denominations, provisions of bonds.
Status: in_force

Transportation infrastructure bonds shall be issued in such form, in such denominations, and with such provisions as to time, place, or places and medium of payment as may be determined by the state board, subject to the provisions of this article.
S.C. Code Ann. § 11-25-640 — SC Code / Title 11 / Chapter 25 / Article 9 / Section 11-25-640
SECTION 11-25-640. Copies of acts and joint resolutions; distribution.
Status: in_force

Copies of the acts and joint resolutions must be distributed as follows: (1) to each circuit judge, one copy; (2) to each solicitor, one copy; (3) to each clerk of court, one copy; (4) to each judge of probate, one copy; (5) to each county government, one copy; (6) to the Supreme Court at Columbia and to the Court of Appeals at Columbia, one copy to each court; (7) to each magistrate in the State, one copy; (8) to each master, one copy; (9) to each of the chartered colleges of the State, one copy; (10) to the Code Commissioner, the number of copies requested by the commissioner; (11) to the clerks of the two houses of the General Assembly, the number of copies requested by each clerk; (12) to the Attorney General of the State, one copy; (13) to the University of South Carolina, two copies; (14) to the Charleston library, two copies; (15) to the Athenaeum, Boston, and to the Athenaeum, Philadelphia, one copy each; (16) to each county attorney, one paperback copy; and (17) to each family court judge.
S.C. Code Ann. § 11-15-450 — SC Code / Title 11 / Chapter 15 / Article 5 / Section 11-15-450
SECTION 11-15-450. Time when refunding bonds may be issued.
Status: in_force

Such refunding bonds may be issued at any time, but not sooner than one year from the date the outstanding bonds fall due or have been called for redemption.
S.C. Code Ann. § 11-46-30 — SC Code / Title 11 / Chapter 46 / Section 11-46-30
SECTION 11-46-30. Donor tax credits; schedule of state appropriations.
Status: in_force

(A) The South Carolina Hydrogen Infrastructure Development Fund may receive donations, grants, and any other funding as provided by law. A taxpayer making a contribution to the fund is allowed a tax credit provided pursuant to Section 12-6-3630. (B) The South Carolina Hydrogen Infrastructure Development Fund may receive appropriations from the general fund of the State up to the following amounts in the fiscal years indicated: (1) seven million dollars for the fiscal year 2007-2008; (2) five million dollars for fiscal year 2008-2009; (3) three million dollars for fiscal year 2009-2010.
S.C. Code Ann. § 11-9-220 — SC Code / Title 11 / Chapter 9 / Article 3 / Section 11-9-220
SECTION 11-9-220. Debt in excess of appropriation prohibited.
Status: repealed

It shall be unlawful for any department, institution, commission or board of the state government or officer or agent of the state government authorized to make contracts or draw appropriations to contract indebtedness in excess of the amount specifically provided in the annual appropriation act. SECTIONS 11-9-230 to 11-9-270. Repealed.
S.C. Code Ann. § 11-35-2220 — SC Code / Title 11 / Chapter 35 / Article 5 / Section 11-35-2220
SECTION 11-35-2220. Right to audit records.
Status: in_force

(1) Audit of Cost or Pricing Data. All state contracts shall contain a clause setting forth the state's right at reasonable times and places to audit the books and records of any contractor or subcontractor who has submitted cost or pricing data pursuant to Section 11-35-1830 to the extent that such books and records relate to such cost or pricing data. The contract shall further set forth that the contractor or subcontractor who receives a contract, change order, or contract modification for which cost or pricing data is required, shall maintain such books and records that relate to such cost or pricing data for three years from the date of final payment under the contract, unless a shorter period is otherwise authorized in writing by the chief procurement officer; provided, however, that such records shall be retained for additional periods of time beyond this three-year period upon request of the chief procurement officer. (2) Contract Audit. The State shall be entitled to audit the books and records of a contractor or any subcontractor under any negotiated contract or subcontract other than a firm fixed price contract to the extent that such books and records relate to the performance of such contract or subcontract. Such books and records shall be maintained by the contractor for a period of three years from the date of final payment under the prime contract and by the subcontractor for a period of three years from the date of final payment under the subcontract, unless a shorter period is otherwise authorized in writing by the chief procurement officer.
S.C. Code Ann. § 11-13-130 — SC Code / Title 11 / Chapter 13 / Section 11-13-130
SECTION 11-13-130. Deposit slips.
Status: in_force

The State Treasurer shall designate a form of deposit slip to be used by each department and institution in making deposits, and each department and institution shall provide a sufficient amount of such deposit slips for its use and strictly adhere to the systems prescribed by the State Treasurer in the handling of state funds.
S.C. Code Ann. § 11-49-60 — SC Code / Title 11 / Chapter 49 / Section 11-49-60
SECTION 11-49-60. Powers of board to operate and administer authority.
Status: in_force

In addition to the powers contained elsewhere in this chapter, the board has all power necessary, useful, or appropriate to operate and administer the authority, to effectuate the purposes of the authority, and to perform its other functions including, but not limited to, the power to: (1) have perpetual succession; (2) sue and be sued in its own name; (3) adopt, promulgate, amend, and repeal bylaws, not inconsistent with provisions in this chapter for the administration of the authority's affairs and the implementation of its functions; (4) have a seal and alter it 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) enter into contracts, arrangements, and agreements with government units and other persons and execute and deliver all financing agreements, including bonds issued to support the borrowing by such government units to pay eligible costs of qualified projects, and other instruments necessary or convenient to the exercise of the powers granted in this chapter; (6) enter into agreements with a department, agency, political subdivision or instrumentality of the United States or of this State or of another State for the purpose of planning and providing for the financing of qualified projects or for the administration of the purposes and programs of this chapter; (7) enter into agreements with the tobacco trust fund for the purpose of managing and controlling the transfer of funds between the authority and the tobacco trust fund and governing the investment and the monitoring and recordkeeping of these funds, for purposes of maintaining the exemption from federal income tax of interest on bonds and for other purposes; (8) enter into, amend, and terminate agreements in the nature of interest rate swaps, forward security supply contracts, agreements for the management of interest rate risks, agreements for the management of cash flow, and other agreements of a similar nature, with respect to bonds issued pursuant to this chapter; (9) procure insurance, guarantees, letters of credit, and other forms of collateral or security or credit support from any public or private entity, including any department, agency, or instrumentality of the United States or this State, for the payment of any bonds, 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) borrow money through the issuance of bonds as provided in this chapter, and through the issuance of notes in anticipation of the issuance of these bonds; (11) enter into contracts and expend funds to obtain accounting, management, legal, financial consulting, trusteeship and other professional services necessary or convenient to the operations of the authority; however, all matters relating to the designation and selection of bond counsel to the authority is within the discretion of the State Treasurer; (12) in order to pay budgeted items pursuant to a budget adopted in accordance with Section 11-49-100, to expend funds for the costs of administering the operations of the authority; (13) direct the escrow agent with respect to the disbursement to the authority of the State's tobacco receipts and receive and accept the State's tobacco receipts; (14) enter into contracts or agreements necessary, proper, or convenient for the effectuation of the powers and purposes of the board and the authority; (15) invest funds held by the authority under this chapter in any investment permitted for funds of this State, other than the State's retirement funds, or for funds of the political subdivisions of this State, in revenue bonds of government units, and in general obligations of other States whose general obligation debt is rated not lower than the general obligation debt of this State; (16) direct the Attorney General of this State to enforce in the name of the State of South Carolina, and if permissible to enforce directly through its own attorneys in the name of the State, the Master Settlement Agreement. This power is a part of the contractual obligation owed to the holders of any bonds; and (17) do all other things necessary or convenient to exercise powers granted or reasonably implied by this chapter or that may be necessary for the furtherance and accomplishments of the purposes of the authority. Before the date which is one year and one day after which the authority no longer has any bonds outstanding, the authority has no authority to file a voluntary petition under Chapter 9 of the United States Bankruptcy Code or corresponding chapters or sections as may, from time to time, be in effect, and neither any public officer or any organization, entity, or other person shall authorize the authority to be or become a debtor under Chapter 9 or any successor or corresponding chapter or sections during the periods. The provisions of this paragraph are for the benefit of the holders of any bonds and are a part of the contractual obligation owed to such bondholders, and the State shall not modify or delete the provisions of this paragraph during the periods described in this chapter. In the exercise of its powers in this chapter, the board and the authority may obtain services in accordance with the procedures, guidelines, and criteria established by the board for that purpose and are not restricted by Chapter 35 of Title 11 or any successor provision.
S.C. Code Ann. § 11-5-100 — SC Code / Title 11 / Chapter 5 / Article 1 / Section 11-5-100
SECTION 11-5-100. Account in books for appropriations.
Status: in_force

The Treasurer shall raise an account in the Treasury books in every instance for the several appropriations made by the General Assembly, so that the appropriations of money and application thereof conformably thereto may appear clearly and distinctly on the Treasury books.
S.C. Code Ann. § 11-1-80 — SC Code / Title 11 / Chapter 1 / Section 11-1-80
SECTION 11-1-80. Restrictions on issuance of state capital improvement bonds for beach renourishment projects.
Status: in_force

No state capital improvement bonds may be issued for beach renourishment projects in the absence of any provision of law that establishes specific criteria for the distribution of bond proceeds for the projects.
S.C. Code Ann. § 11-43-315 — SC Code / Title 11 / Chapter 43 / Article 3 / Section 11-43-315
SECTION 11-43-315. Issuance of bonds; review and approval of Joint Bond Review Committee.
Status: in_force

Whenever it shall become necessary that monies be raised for qualified projects, including monies to be used to refund any bonds then outstanding, the bank may issue bonds as provided in this article. The review and approval of the Joint Bond Review Committee must be obtained prior to the issuance of the bonds.
S.C. Code Ann. § 11-1-60 — SC Code / Title 11 / Chapter 1 / Section 11-1-60
SECTION 11-1-60. Investment of public funds in savings and loan associations and building and loan associations.
Status: in_force

The State or any department, institution, agency, district, county, municipality or other political subdivision of the State or any political or public corporation of the State or of the United States may invest its funds or the monies in its custody or possession eligible for investment in the shares of any Federal savings and loan association or in the shares of any building and loan association organized and existing under the laws of this State when such shares are insured by the Federal Savings and Loan Insurance Corporation and also in bonds or debentures issued by any Federal home loan bank or in the consolidated bonds or debentures issued by the Federal Home Loan Bank Board.
S.C. Code Ann. § 11-47-10 — SC Code / Title 11 / Chapter 47 / Section 11-47-10
SECTION 11-47-10. Short title.
Status: in_force

This chapter may be cited as the "Tobacco Escrow Fund Act".
S.C. Code Ann. § 11-40-270 — SC Code / Title 11 / Chapter 40 / Section 11-40-270
SECTION 11-40-270. Severability provision.
Status: in_force

If any provision of this chapter is held or determined to be unconstitutional, invalid, or otherwise unenforceable by a court of competent jurisdiction, it is the intention of the General Assembly that the provision is, or is deemed to be, severable from the remaining provisions of the chapter and that the holding does not invalidate or render unenforceable any other provision of the chapter.
S.C. Code Ann. § 11-40-210 — SC Code / Title 11 / Chapter 40 / Section 11-40-210
SECTION 11-40-210. Authority members, officers, or employees not subject to liability.
Status: in_force

Neither the members of the authority nor any officer or employee of the authority acting in behalf thereof, while acting within the scope of his authority, are subject to any liability resulting from: (1) the construction, ownership, maintenance, or operation of any project financed with the assistance of the authority; (2) the construction, ownership, maintenance, or operation of any solid waste system, sewerage system, or water system owned by a local government; or (3) carrying out any of the powers given in this chapter.
S.C. Code Ann. § 11-9-340 — SC Code / Title 11 / Chapter 9 / Article 3 / Section 11-9-340
SECTION 11-9-340. Statement of bonded indebtedness in Comptroller General's report.
Status: in_force

The Comptroller General shall, as a part of his annual report, give the amount of the bonded indebtedness of the State.
S.C. Code Ann. § 11-5-20 — SC Code / Title 11 / Chapter 5 / Article 1 / Section 11-5-20
SECTION 11-5-20. Bond.
Status: in_force

The Treasurer shall, before entering on the duties of his office, give bond with two or more good and sufficient sureties approved by the Governor, with a condition for the faithful discharge of his duties and in the penal sum of ninety thousand dollars.
S.C. Code Ann. § 11-27-60 — SC Code / Title 11 / Chapter 27 / Section 11-27-60
SECTION 11-27-60. Prior bond issues unaffected.
Status: in_force

All contracts made by the State, its agencies, authorities or institutions, and by the political subdivisions and school districts of the State prior to the ratification date obligating any of such entities to issue bonds or other evidences of indebtedness shall be effective notwithstanding that the ratification date shall intervene between the date of any such contract and the actual delivery of such bonds or other evidences of debt and any such bonds or evidences of debt may be delivered in accordance with the laws pursuant to which they have been contracted to be issued and without regard to the provisions of New Article X. In so providing, the General Assembly intends to protect and preserve the obligations of such contracts as written. The enactment of this section is not an essential inducement to the enactment of the remaining provisions of this chapter and if this section or any action taken pursuant to it be held to contravene any provisions of New Article X, then such holding shall not affect the remaining provisions of this chapter.
S.C. Code Ann. § 11-43-350 — SC Code / Title 11 / Chapter 43 / Article 3 / Section 11-43-350
SECTION 11-43-350. Trust indenture.
Status: in_force

(A) Bonds may be secured by a trust indenture between the bank and a corporate trustee, which may be the State Treasurer or any bank having trust powers or any trust company, designated by the State Treasurer doing business in South Carolina. A trust indenture may contain provisions for protecting and enforcing the rights and remedies of the bondholders which are reasonable and proper, including covenants setting forth the duties of the bank in relation to the exercise of its powers and the custody, safekeeping, and application of its money. The bank may provide by the trust indenture for the payment of the proceeds of the bonds and all or any part of the revenues of the bank to the trustee under the trust indenture or to some other depository, and for the method of its disbursement with safeguards and restrictions prescribed by it. All expenses incurred in performing the obligations of the bank under the trust indenture may be treated as part of its operating expenses. (B) Any resolution or trust indenture pursuant to which bonds are issued may contain provisions which are part of the contract with the holders of the bonds as to: (1) pledging all or any part of the revenue of the bank to secure the payment of the bonds; (2) pledging all or any part of the assets of the bank including loan obligations owned by it to secure the payment of the bonds; (3) the use and disposition of the gross income from, and payment of the principal of, and interest on loan obligations owned by the bank; (4) the establishment of reserves, sinking funds, and other funds and accounts, and their regulation and disposition; (5) limitations on the purposes to which the proceeds from the sale of the bonds may be applied, and limitations on pledging the proceeds to secure the payment of the bonds; (6) limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, and the refunding of outstanding or other bonds; (7) the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds, if any, the holders of which must consent to, and the manner in which any consent may be given; (8) limitations on the amount of money to be expended by the bank for its operating expenses; (9) vesting in a trustee property, rights, powers, and duties as the bank may determine, limiting or abrogating the right of bondholders to appoint a trustee, and limiting the rights, powers, and duties of the trustee; (10) defining the acts or omissions which constitute a default, the obligations or duties of the bank to the holders of the bonds, and the rights and remedies of the holders of the bonds in the event of default, including as a matter of right the appointment of a receiver, and all other rights generally available to creditors; (11) requiring the bank or the trustee under the trust indenture to take any and all other action to obtain payment of all sums required to eliminate any default as to any principal of and interest on loan obligations owned by the bank or held by a trustee, which may be authorized by the laws of this State; and (12) any other matter relating to the terms of the bonds or the security or protection of the holders of the bonds which may be considered appropriate.
S.C. Code Ann. § 11-60-50 — SC Code / Title 11 / Chapter 60 / Section 11-60-50
SECTION 11-60-50. Establishment of trust fund for purpose of making success payments under pay-for-success contracts; receipt of funds; payments.
Status: in_force

(A) There is established in the State Treasury a trust fund for the purpose of making success payments under pay-for-success contracts. Each agency entering into a pay-for-success contract shall provide funding into the trust to cover one hundred percent of the potential success payment upon entering into the contract. The State Treasurer is the trustee and administrator of the trust fund, which must be maintained separately from the General Fund of the State and all other funds. Funds held in the trust are not subject to reversion to the general fund during the term of any pay-for-success contract. (B) The State Treasurer on behalf of the trust fund established for success payment is authorized to receive funds from other governmental entities and nonprofits if they are subject to a valid pay-for-success contract. Upon written authorization by the state agency head whose state agency has entered a pay-for-success contract, the State Treasurer shall make payments from the trust fund. Editor's Note 2021 Act No. 52, SECTION 1, provides as follows: "SECTION 1. This act must be known and may be cited as the 'South Carolina Pay-for-Success Performance Accountability Act'."
S.C. Code Ann. § 11-46-40 — SC Code / Title 11 / Chapter 46 / Section 11-46-40
SECTION 11-46-40. Annual report; contents.
Status: in_force

The South Carolina Research Authority shall submit an annual report to the Governor and the General Assembly containing at a minimum the following: (1) the total amount of monies placed in the fund in a fiscal year and the total amount of monies granted from the fund in a fiscal year; (2) a list of the applicants that received grants and the applicants' stated objectives; (3) an audit of the activities conducted by the applicants; (4) the monies used by the authority for administration and management, which may not exceed two hundred thousand dollars annually, and the percentage of each grant used for administration and management; (5) the progress achieved by the authority and the fund in creating a sustainable foundation upon which a hydrogen economy may develop across the State; and (6) the certified gross profits earned by grant recipients provided pursuant to Section 11-46-60.
S.C. Code Ann. § 11-40-150 — SC Code / Title 11 / Chapter 40 / Section 11-40-150
SECTION 11-40-150. Bonds made negotiable instruments.
Status: in_force

Whether or not the bonds of the authority are of such form and character as to be negotiable instruments, the bonds are made negotiable instruments within the meaning of and for all the purposes of the law of this State.
S.C. Code Ann. § 11-9-330 — SC Code / Title 11 / Chapter 9 / Article 3 / Section 11-9-330
SECTION 11-9-330. Expenses of issuance of small denomination notes or other obligations.
Status: in_force

All proper expenses incurred in the negotiation or sale of any such obligations may be paid by the State Fiscal Accountability Authority or other officers of the State from the proceeds of such sale; provided, however, that the total amount of such expense shall never exceed one half of one per cent of the principal of such notes or other obligations. 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.