reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 21 - Revenue Bond Act For Utilities › Section 6-21-500. Disposition of surplus in contingent fund.

If any surplus shall be accumulated in the contingent fund over and above that which the governing body shall find may be necessary for reasonable and proper improvements, betterments and extensions to the existing system, project or combined system during the current calendar, operating or fiscal year and the next ensuing calendar, operating or fiscal year, any such excess may be transferred to the bond and interest redemption fund or may be applied, in so far as possible, in the purchase or retirement of outstanding bonds issued under the provisions of this chapter and for that purpose the governing body may purchase bonds not due in the open market at not more than the fair market value thereof. When such bonds are purchased for investment the income from such investment shall be carried into the contingent fund.
HISTORY: 1962 Code Section 59-408; 1952 Code Section 59-408; 1942 Code Section 9269; 1933 (38) 411.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 21 - Revenue Bond Act For Utilities › Section 6-21-510. Books and accounts; annual report; inspection.

Any borrower issuing revenue bonds under the provisions of this chapter shall install and maintain proper books of record and account (separate entirely from other records and accounts of such borrower) in which full and correct entries shall be made of all dealings or transactions of or in relation to the properties, business and affairs of the system, project or combined system. The governing body of such borrower, not later than three months after the close of any calendar, operating or fiscal year, shall cause to be prepared a balance sheet and an income and surplus account, showing, respectively, in reasonable detail the financial condition of the system, project or combined system at the close of such preceding calendar, operating or fiscal year and the financial operations thereof during such year. Such balance sheets and income and surplus accounts shall at all reasonable times during usual business hours be open to examination and inspection by any taxpayer, user of the services furnished or holder of bonds issued under the provisions of this chapter or anyone acting for or on behalf of such taxpayer, user or bondholder.
HISTORY: 1962 Code Section 59-409; 1952 Code Section 59-409; 1942 Code Section 9271; 1933 (38) 411.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 21 - Revenue Bond Act For Utilities › Section 6-21-520. Limitation on obligation which may be incurred by municipality.

No obligation shall be incurred by any municipality in any such construction, acquisition, extension or improvement except such as is payable solely from funds provided under the authority of this chapter.
HISTORY: 1962 Code Section 59-410; 1952 Code Section 59-410; 1942 Code Section 9242; 1933 (38) 411; 1934 (38) 1543.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 21 - Revenue Bond Act For Utilities › Section 6-21-530. Issuance of bonds without election or notice.

This chapter shall be construed as authorizing the issuance of such bonds provided for herein without submitting the proposition for the approval of them to the voters of the borrower. When bonds are authorized under this chapter it shall not be necessary to make publication of any ordinance, resolution, notice or proceeding relating thereto. But nothing in this chapter shall be construed to prohibit the governing body from making such publication as it may deem necessary in relation thereto.
HISTORY: 1962 Code Section 59-411; 1952 Code Section 59-411; 1942 Code Section 9274; 1933 (38) 411.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 21 - Revenue Bond Act For Utilities › Section 6-21-540. Effect of former Public Works Administration Act.

All sections, provisions and clauses of this chapter which were repugnant to or inconsistent with the provisions of the former Public Works Administration Act of the Congress of the United States are hereby declared void in so far as they were in conflict with the Public Works Administration Act, the intention of this chapter being to enable the political subdivisions of this State to qualify for any right, privilege or immunity granted by any act of the Congress of the United States or any board, commission, agency or instrumentality thereof.
HISTORY: 1962 Code Section 59-412; 1952 Code Section 59-412; 1942 Code Section 9244; 1933 (38) 411; 1934 (38) 1543.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 21 - Revenue Bond Act For Utilities › Section 6-21-550. Effect of chapter on existing contracts and liens.

Nothing in this chapter shall be construed as authorizing any borrower to impair or commit a breach of the obligation of any valid lien or contract created or entered into by it, the intention hereof being to authorize the pledging, setting aside and segregation of gross revenues only when consistent with outstanding obligations of such borrower.
HISTORY: 1962 Code Section 59-413; 1952 Code Section 59-413; 1942 Code Section 9273; 1933 (38) 411.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 21 - Revenue Bond Act For Utilities › Section 6-21-560. Chapter shall be cumulative.

This chapter shall be construed as cumulative authority for the purposes named in Section 6-21-50 and as to the manner and form of issuing revenue bonds for any such purpose and shall not be construed to repeal any existing laws with respect thereto, it being the purpose and intention of this chapter to create an additional and alternate method for the purposes herein named.
HISTORY: 1962 Code Section 59-414; 1952 Code Section 59-414; 1942 Code Section 9241; 1933 (38) 411; 1934 (38) 1543.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 21 - Revenue Bond Act For Utilities › Section 6-21-570. Chapter shall be liberally construed.

This chapter being necessary for and to secure the public health, safety, convenience and welfare of the counties, townships, cities and incorporated towns of the State shall be liberally construed to effect the purposes hereof.
HISTORY: 1962 Code Section 59-415; 1952 Code Section 59-415; 1942 Code Section 9275; 1933 (38) 411.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 23 - Joint Municipal Electric Power And Energy Act › Section 6-23-30. Planning, construction, and ownership of electric distribution facilities.

In addition and supplemental to the powers granted to municipalities of the State, and in order to accomplish the purpose of this chapter, a municipality may plan, finance, develop, acquire, purchase, construct, reconstruct, improve, enlarge, own, operate, and maintain an undivided interest as a tenant-in-common in a project situated within or without the State jointly with one or more municipalities in this State or any other state, owning electric distribution facilities, or with any political subdivisions or agencies of any other state, and may make these plans and enter into these contracts in connection with them, not inconsistent with the provisions of this chapter, as are necessary or appropriate; provided, all municipal tenants-in-common must be located within the area generally served by the same electric supplier. The acquisition of a project or projects by municipalities as tenants-in-common by purchase is limited to a project or projects under construction on the date of approval of this chapter, or a project or projects on which construction will commence subsequent to the date of approval of this chapter. The amount of capacity and output of a project purchased by municipal tenants-in-common may not be less than ten percent of the rated capacity of the project.
Municipal tenants-in-common pursuant to the provisions of this section, by contract, may waive their right of partition either in kind or by sale. The power and right to enter into agreements to waive the right of judicial partition authorized by this section are in addition to these powers and rights already authorized by the laws of South Carolina.
Nothing contained in this section prevents a municipality or municipalities from undertaking studies to determine whether there is a need for a project or whether the project is feasible.
HISTORY: 1978 Act No. 473, Section 4; 1979 Act No. 176, Section 1; 2007 Act No. 32, Section 1, eff May 22, 2007.
Effect of Amendment
The 2007 amendment, in the first undesignated paragraph, in the second sentence substituted "is" for "from an electric supplier generally serving the area in which the municipal tenants in common are located; provided, further, such purchase shall be", and made nonsubstantive language changes throughout the section.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 23 - Joint Municipal Electric Power And Energy Act › Section 6-23-40. Determination by municipalities that joint agency is in their best interests; factors; publication; challenge in court.

The procedure before formation of a joint agency must be as follows:
(1) The governing body of two or more municipalities may determine, by resolution or ordinance, that it is in the best interests of the respective municipalities and their electric customers in accomplishing the purposes of this chapter to create a joint agency for the purpose of undertaking the planning, financing, development, acquisition, purchase, construction, reconstruction, improvement, enlargement, ownership, operation, and maintenance of a project or projects to supply electric power and energy for the municipalities' present and future needs as an alternative or supplemental method of obtaining the benefits and assuming the responsibilities of ownership in a project; provided, membership of municipalities in a joint agency shall consist only of municipalities located within the area generally served by the same electric supplier as of the date of issuance of a corporate certificate for such joint agency pursuant to Section 6-23-80. This resolution or ordinance must be approved by a majority of the members of the governing body of the municipality.
(2) In determining whether or not the creation of a joint agency for this purpose is in the best interests of the municipalities and their electric customers, the governing body shall take into consideration, but is not limited to, the following:
(a) whether or not a separate entity may be able to finance the costs of a project or projects in a more efficient and economical manner;
(b) whether or not a better financial market acceptance may result if one entity is responsible for issuing all of the bonds required for a project or projects in a timely and orderly manner;
(c) whether or not savings and other advantages may be obtained by providing a separate entity responsible for the acquisition, purchase, construction, ownership, and operation of a project or projects.
(3) If the proposed creation of a joint agency is found to be in the best interests of a municipality, the governing body of the municipality shall give notice of its action publishing once a week for two consecutive weeks in a newspaper of general circulation within the municipality. A person affected by the action of the governing body of the municipality may challenge the action of the municipality, by action de novo, instituted in the court of common pleas for the county in which the municipality is located, within twenty days following the last publication of the notice prescribed in this section.
HISTORY: 1978 Act No. 473, Section 5; 1979 Act No. 176, Section 2; 2007 Act No. 32, Section 1, eff May 22, 2007.
Effect of Amendment
The 2007 amendment redesignated items (a) to (c) as items (1) to (3) and items (b)(i) to (b)(iii) as item (2)(a) to (2)(c) and made nonsubstantive language changes throughout.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 23 - Joint Municipal Electric Power And Energy Act › Section 6-23-50. Formation of joint agency; certificate as proof of existence.

Upon fulfilling the requirements set forth in Section 6-23-40 hereof, the governing body of each municipality which determines that its participation in the proposed joint agency is in its best interest shall by resolution appoint one representative of the proposed joint agency. Any two or more representatives so appointed shall file with the Secretary of State an application signed by a representative of each proposed member municipality setting forth:
(a) The names of all the proposed member municipalities and their respective appointed representatives;
(b) A certified copy of the resolution or ordinance of each member municipality determining it is in its best interest to participate in the proposed joint agency and the resolution appointing such representative;
(c) The desire that the joint agency be organized as a public body and a body corporate and politic under this chapter; and
(d) The name which is proposed for the joint agency. The Secretary of State shall examine the application and, before filing such application, shall determine that the application complies with the requirements set forth above and, in addition, that the proposed name of the joint agency is not identical with that of any other corporation of the State or any agency or instrumentality thereof or so nearly similar as to lead to confusion and uncertainty. Thereupon, the Secretary of State shall receive and file the application.
When the application has been made and filed as provided herein, the Secretary of State shall make and issue a corporate certificate which shall be filed with the application, and the joint agency shall thereupon be and constitute a public body corporate and politic under the name proposed in the application. The corporate certificate shall set forth the names of the member municipalities and the name of the joint agency. The existence of the joint agency shall begin when the corporate certificate is issued by the Secretary of State. Notice of the issuance of such corporate certificate shall be given to all member municipalities of the joint agency by the Secretary of State. The joint agency shall give notice of the issuance of such corporate certificate to the Public Service Commission.
In any suit, action or proceeding involving the validity or enforcement of, or relating to, any contract of the joint agency, the joint agency, in the absence of establishing fraud, shall be conclusively deemed to have been established in accordance with the provisions of this chapter upon proof of the issuance of the aforesaid certificate by the Secretary of State. A copy of such certificate, duly certified by the Secretary of State, shall be admissible in evidence in any such suit, action or proceeding, and shall be conclusive proof of the filing and contents thereof.
HISTORY: 1978 Act No. 473, Section 6.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 23 - Joint Municipal Electric Power And Energy Act › Section 6-23-80. Executive committee.

The board of directors of a joint agency may create an executive committee the composition of which shall be set forth in the bylaws of the joint agency. The composition of the executive committee shall afford a fair representation of the member municipalities. The executive committee shall have and shall exercise such of the powers and authority of the board of directors during the intervals between the board's meetings in accordance with the board's bylaws, rules, motions or resolutions. The terms of office of the members of the executive committee and the method of filling vacancies therein shall be fixed by the bylaws of the joint agency.
HISTORY: 1978 Act No. 473, Section 9; 1979 Act No. 176, Section 6.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 23 - Joint Municipal Electric Power And Energy Act › Section 6-23-100. Electric generating facilities as interrelated; responsibility for dispatching capacity and output and scheduling maintenance of project.

Because of pooling and reserve-sharing agreements between electric suppliers, public and private electric utilities and electric cooperatives, the General Assembly determines that electric generating facilities within the State are interrelated; therefore, it is necessary that the electric supplier generally serving the area in which the members of the joint agency are located be responsible for the dispatching of capacity and output and the scheduling of maintenance of a project owned by a joint agency in keeping with established utility practice, subject to contracts entered into for such capacity and output.
HISTORY: 1978 Act No. 473, Section 11.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 23 - Joint Municipal Electric Power And Energy Act › Section 6-23-130. Issuance of bonds authorized.

A joint agency may issue bonds pledging to the payment thereof as to both principal and interest the revenues, or any portion thereof, derived or to be derived from all or any of its projects, and any additions and betterments thereto or extensions thereof, or contributions or advances from its members. Bonds of a joint agency shall be authorized by resolution adopted by its board of directors.
HISTORY: 1978 Act No. 473, Section 14.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 23 - Joint Municipal Electric Power And Energy Act › Section 6-23-150. Trust agreements.

In the discretion of the board of directors of the joint agency, any bonds issued under the provisions of this chapter may be secured by a trust agreement by and between the joint agency and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the State. Such trust agreement or the resolution providing for the issuance of such bonds may contain such provisions for protecting and enforcing the rights and remedies of the bondholders and of the trustee as may be reasonable and proper and not in violation of law, and may restrict the individual right of action by bondholders. The trust agreement or the resolution providing for the issuance of such bonds may contain covenants including, but not limited to, the following:
(a) The pledge of all or any part of the revenues derived or to be derived from the project or projects to be financed by the bonds or from the electric system or facilities of a joint agency.
(b) The rents, rates, fees and charges to be established, maintained, and collected, and the use and disposal of revenues, gifts, grants and funds received or to be received by the joint agency.
(c) The setting aside of reserves and the investment, regulation and disposition thereof.
(d) The custody, collection, securing, investment, and payment of any moneys held for the payment of bonds.
(e) Limitations or restrictions on the purposes to which the proceeds of sale of bonds then or thereafter to be issued may be applied.
(f) Limitations or restrictions on the issuance of additional bonds; the terms upon which additional bonds may be issued and secured; or the refunding of outstanding or other bonds.
(g) The procedure, if any, by which the terms of any contract with bondholders may be amended, the percentage of bonds the bondholders of which must consent thereto, and the manner in which such consent may be given.
(h) Events of default and the rights and liabilities arising thereupon, the terms and conditions upon which bonds issued under this chapter shall become or may be declared due before maturity, and the terms and conditions upon which such declaration and its consequences may be waived.
(i) The preparation and maintenance of a budget.
(j) The retention or employment of conducting engineers, independent auditors and other technical consultants.
(k) Limitations on or the prohibition of free service to any person, firm or corporation, public or private.
(l) The acquisition and disposal of property, provided that no project or part thereof shall be mortgaged by such trust agreement or resolution.
(m) Provisions for insurance and for accounting reports and the inspection and audit thereof.
(n) The continuing operation and maintenance of the project.
HISTORY: 1978 Act No. 473, Section 16.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 23 - Joint Municipal Electric Power And Energy Act › Section 6-23-160. Rents, rates, fees and charges; validity and lien of pledge.

The joint agency is hereby authorized to fix, charge, and collect rents, rates, fees and charges for electric power and energy and other services, related to the generation, transmission and sale of electric energy. For so long as any bonds of a joint agency are outstanding and unpaid, the rents, rates, fees and charges shall be so fixed as to provide revenues at least sufficient, together with other available funds, to pay all costs of and charges and expenses in connection with the proper operation and maintenance of its projects, and all necessary repairs, replacements or renewals thereof, to pay when due the principal of, premium, if any, and interest on all bonds payable from said revenues, to create and maintain reserves and comply with such covenants as may be required by any resolution or trust agreement authorizing and securing bonds, and to pay any and all amounts which the joint agency may be obligated to pay from said revenues by law or contract.
Any pledge made by a joint agency pursuant to this chapter shall be valid and binding from the date the pledge is made. The revenues, securities and other moneys so pledged and then held or thereafter received by the joint agency or any fiduciary shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act, and the lien of the pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the municipality or joint agency without regard to whether such parties have notice thereof.
HISTORY: 1978 Act No. 473, Section 17; 1979 Act No. 176, Section 12.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 23 - Joint Municipal Electric Power And Energy Act › Section 6-23-170. Investment of moneys pending disbursement.

Notwithstanding any provision of law to the contrary, the board of directors of joint agencies or persons authorized to make investment decisions on behalf of joint agencies investing public funds are considered to be trustees and subject to the prudent investor standard. When investing, reinvesting, purchasing, acquiring, exchanging, selling, and managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character. When investing, reinvesting, purchasing, acquiring, exchanging, selling, and managing funds of a joint agency, the primary objective of a trustee is to safeguard the principal of the funds under its control. The secondary objective is to meet the liquidity needs of the joint agency. The third objective is to achieve a return on the funds under its control. Monies of joint agencies not required for the immediate necessities of the joint agency may be invested and reinvested in securities and other investments as the board of directors of joint agencies shall determine in accordance with the objectives enumerated above. The securities and other investments which may be used by the trustee is to be listed in a formal, written investment policy approved by the board of directors of joint agencies.
HISTORY: 1978 Act No. 473, Section 18; 1996 Act No. 358, Section 6.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 23 - Joint Municipal Electric Power And Energy Act › Section 6-23-180. Legal action by bond holder and trustee.

Any holder of bonds issued under the provisions of this chapter or any of the coupons appertaining thereto, and the trustee under any trust agreement, except to the extent the rights herein given may be restricted by such trust agreement or the resolution authorizing the issuance of such bonds, may, either at law or in equity, by suit, action, mandamus or other proceeding, protect and enforce any and all rights under the laws of the State or granted hereunder, or, to the extent permitted by law, under such trust agreement or resolution authorizing the issuance of such bonds or under any agreement or other contract executed by the joint agency pursuant to this chapter, and may enforce and compel the performance of all duties required by this chapter or by such trust agreement or resolution to be performed by any joint agency or municipality or by any officer thereof, including the fixing, charging and collecting of rents, rates, fees and charges.
HISTORY: 1978 Act No. 473, Section 19.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 23 - Joint Municipal Electric Power And Energy Act › Section 6-23-190. Bonds and interest coupons designated investment securities.

Whether or not the bonds and interest coupons appertaining hereto are of such form and character as to be investment securities under Chapter 8, of Title 36 of the 1976 Code, all bonds and interest coupons appertaining thereto issued under this chapter are hereby made investment securities within the meaning of and for all the purposes of Chapter 8, of Title 36 of the 1976 Code, subject only to the provisions of the bonds, pertaining to registration.
HISTORY: 1978 Act No. 473, Section 20.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 23 - Joint Municipal Electric Power And Energy Act › Section 6-23-200. Investment in bonds lawful.

It shall be lawful for all executors, administrators, guardians, committees and other fiduciaries to invest any moneys in their hands in bonds issued under the provisions of this chapter.
HISTORY: 1978 Act No. 473, Section 21.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 23 - Joint Municipal Electric Power And Energy Act › Section 6-23-210. Bonds to be special obligations; payment thereof.

The bonds shall be special obligations of the joint agency issuing them. The principal of, premium, if any, and interest on the bonds shall not be payable from the general funds of the joint agency, nor shall they constitute a legal or equitable pledge, charge, lien, or encumbrance upon any of its property or upon any of its income, receipts, or revenues, except the funds which are pledged under the resolution authorizing the bonds or the trust agreement securing the bonds. Neither the faith and credit nor the taxing power of the State or any municipality is, or may be, pledged for the payment of the principal of or interest on the bonds, and no holder of the bonds shall have the right to compel the exercise of the taxing power by the State or any municipality or the forfeiture of any of its property in connection with any default thereon. Every bond shall recite in substance that the principal of and interest on the bond is payable solely from the revenues pledged to its payment and that the joint agency is not obligated to pay the principal or interest except from such revenues.
HISTORY: 1978 Act No. 473, Section 22.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 23 - Joint Municipal Electric Power And Energy Act › Section 6-23-220. Issuance of refunding bonds authorized.

A joint agency is hereby authorized to provide by resolution for the issuance of refunding bonds of the joint agency for the purpose of refunding any bonds then outstanding which shall have been issued under the provisions of this chapter, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such bonds. The issuance of such bonds, the maturities and other details thereof, the rights of the holders thereof, and the rights, duties and obligations of the joint agency in respect to the same shall be governed by the provisions of this chapter which relate to the issuance of bonds, insofar as such provisions may be appropriate therefor.
HISTORY: 1978 Act No. 473, Section 23.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 23 - Joint Municipal Electric Power And Energy Act › Section 6-23-230. Bonds tax exempt.

The principal of and interest on the bonds issued pursuant to this act shall have the tax exempt status prescribed by Section 12-1-60 of the 1976 Code.
HISTORY: 1978 Act No. 473, Section 24.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 23 - Joint Municipal Electric Power And Energy Act › Section 6-23-235. Applicability of franchise and permit requirements.

That portion of Section 6-21-400 which states that it shall not be necessary for any borrower operating under the provisions of this chapter to obtain any franchise or other permit from any state bureau, board, commission, or other instrumentality of the State in order to construct, improve, enlarge, extend, or repair any system, project, or combined system named in Chapter 21, Article 6, shall not be applicable to a joint agency issuing bonds pursuant to the Revenue Bond Act for Utilities, Section 6-21-10, et seq.
HISTORY: 1996 Act No. 358, Section 9.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 23 - Joint Municipal Electric Power And Energy Act › Section 6-23-240. Certification required.

The joint agency shall be required to obtain the necessary certification as appropriate under the "Utility Facility Siting and Environmental Protection Act", Sections 58-33-10 to 58-33-430 of the 1976 Code.
HISTORY: 1978 Act No. 473, Section 25.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 23 - Joint Municipal Electric Power And Energy Act › Section 6-23-250. Projects and power as subject to taxation.

A project owned by a joint agency shall not be exempt from property taxes or other taxes if applied to the sale of energy; provided, however, that if all or any portion of the joint agency is declared exempt from property taxation then the joint agency shall, in lieu of property taxes, pay to any governmental body authorized to levy property taxes the amount which would be assessed as taxes on real and personal property of a project if such project were subject to valuation and assessment by the respective governmental body authorized to levy property taxes the amount which would be assessed as taxes on real and personal property of a project if such project were subject to valuation and assessment by the respective governmental body. Such payments in lieu of taxes shall be due and shall bear interest if unpaid, as are added to taxes on taxable property in the governmental body. Payments in lieu of taxes if made hereunder shall be treated in the same manner as taxes for purposes of all procedural and substantive provisions of law.
Power and energy sold by a joint agency shall be subject to taxes.
Joint agencies are exempt from the tax imposed pursuant to Section 12-23-10.
HISTORY: 1978 Act No. 473, Section 26; 1991 Act No. 171, Part II, Section 57A.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 23 - Joint Municipal Electric Power And Energy Act › Section 6-23-260. Rights and privileges of personnel.

Personnel employed or appointed by a municipality to work for a joint agency shall have the same authority, rights, privileges and immunities (including coverage under the workmen's compensation laws) which the officers, agents and employees of the appointing municipality enjoy within the territory of that municipality, whether within or without the territory of the appointing municipality, when they are acting within the scope of their authority or in the course of their employment.
Personnel employed or appointed directly by a joint agency shall be qualified for participation in the South Carolina Retirement System with the same rights, privileges, obligations and responsibilities as they would have if they were employees of a municipality; provided, that personnel participating in the South Carolina Retirement Systems shall be residents of this State.
HISTORY: 1978 Act No. 473, Section 27.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 23 - Joint Municipal Electric Power And Energy Act › Section 6-23-270. Annual reports; audits.

Each joint agency shall, following the closing of each fiscal year, submit an annual report of its activities for the preceding year to the governing bodies of its member municipalities. Each such report shall set forth a complete operating and financial statement covering the operations of the joint agency during such year. The joint agency shall cause an audit of its books of record and accounts to be made at least once in each year by a certified public accountant and the cost thereof may be treated as a part of the cost of construction of a project or projects, or otherwise as part of the expense of administration of a project covered by such audit.
HISTORY: 1978 Act No. 473, Section 28.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 23 - Joint Municipal Electric Power And Energy Act › Section 6-23-280. Participation of joint agency in grant-in-aid and loan programs.

The board of directors of a joint agency is hereby authorized to make application and to enter into contracts for and to accept grants-in-aid and loans from the federal and State governments and their agencies for planning, acquiring, constructing, expanding, maintaining and operating any project or facility, or participating in any research or development program, or performing any function which such municipality or joint agency may be authorized by general or local law to provide or perform.
In order to exercise the authority granted by this section, the board of directors of a joint agency may:
(a) Enter into and carry out contracts with the State or federal government or any agency or institution thereof under which government, agency or institution grants financial or other assistance to the municipality or joint agency;
(b) Accept such assistance or funds as may be granted or loaned by the state or federal government with or without such a contract;
(c) Agree to and comply with any reasonable conditions which are imposed upon such grants or loans;
(d) Make expenditures from any funds so granted.
HISTORY: 1978 Act No. 473, Section 29.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 23 - Joint Municipal Electric Power And Energy Act › Section 6-23-290. Eminent domain.

In order to effectuate the purposes of this chapter, joint agencies may exercise the power of eminent domain in any county of this State. A joint agency exercising the power of eminent domain for the purpose authorized by this chapter has no power to condemn a facility under construction or an existing facility or any facility to be constructed in the future used for the generation, transmission, or distribution of electric power or energy.
HISTORY: 1978 Act No. 473, Section 30; 1987 Act No. 173, Section 14.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 23 - Joint Municipal Electric Power And Energy Act › Section 6-23-300. Immunity of directors, officers and their agents.

No director of any joint agency or officer of any municipality or person or persons acting in their behalf, while acting within the scope of their authority, shall be subject to any personal liability by reason of carrying out any of the powers expressly or impliedly given in this chapter.
HISTORY: 1978 Act No. 473, Section 31.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 23 - Joint Municipal Electric Power And Energy Act › Section 6-23-310. Immunity of joint agencies waived and withdrawn.

The General Assembly hereby waives and withdraws from the joint agencies authorized by this chapter their immunity from suit of every kind and description, whether the same be in tort, contract, or otherwise, which suits arise out of or are in any way connected with the development, ownership, operation, maintenance, or otherwise of a project or the doing, or failure to do, of anything authorized by this chapter.
HISTORY: 1978 Act No. 473, Section 34.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 23 - Joint Municipal Electric Power And Energy Act › Section 6-23-320. Powers cumulative; bonds for financing private facilities not authorized.

The foregoing sections of this chapter shall be deemed to provide an additional, alternative and complete method for the doing of the things authorized thereby and shall be deemed and construed to be supplemental and additional to powers conferred by existing laws, and shall not be regarded as in degradation of any powers not existing; provided, however, that insofar as provisions of this chapter are inconsistent with the provisions of any other general, special or local law, the provisions of this chapter shall be controlling. Nothing in this chapter shall be construed to authorize the issuance of the bonds for the purpose of financing facilities to be owned wholly or in part by any private corporation.
HISTORY: 1978 Act No. 473, Section 32.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 23 - Joint Municipal Electric Power And Energy Act › Section 6-23-330. Liberal construction; savings clause.

In order to effectuate the purposes and policies prescribed in this chapter, the provisions hereof shall be liberally construed. If any provision or section of this chapter be held invalid or unconstitutional such holding shall not affect the remaining provisions of this chapter.
HISTORY: 1978 Act No. 473, Section 33.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 23 - Joint Municipal Electric Power And Energy Act › Section 6-23-335. Provision, distribution, marketing, or sale by joint agency of energy or service to retail customers.

Nothing in this chapter shall be interpreted to authorize a joint agency to provide, distribute, market, or sell electric energy or service to retail customers.
HISTORY: 1996 Act No. 358, Section 10.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 23 - Joint Municipal Electric Power And Energy Act › Section 6-23-340. Legal and binding effect of existing contracts.

Nothing in Act 358 of 1996 shall, or shall be deemed or construed to, amend, supplement, modify, or otherwise alter or affect the provisions of contracts entered into by a joint agency prior to the effective date of Act 358 of 1996.
HISTORY: 1996 Act No. 358, Section 11.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 24 - Joint Agency Act › Section 6-24-20. Definitions.

As used in this chapter:
(1) "Cost", with respect to a project, means:
(a) all costs of planning, designing, constructing, and financing the project, including fees for professional services, costs of insurance, and costs for principal and interest, during planning, designing, and construction and for up to one year after completion of construction;
(b) all costs associated with establishing necessary or desirable reserves in connection with a project; and
(c) other expenditures of the joint agency incidental, necessary, or convenient to the acquisition, construction, implementation, reconstruction, improvement, enlargement, or extension of a project.
If a project does not involve the acquisition or construction of a facility, "cost" includes all costs of the undertaking or funding of the undertaking. In either case, "cost" may include those administrative expenses a joint agency considers appropriate.
(2) "Governing body" means the duly constituted governing body of a governmental entity.
(3) "Governmental entity" means a special purpose district created by the General Assembly of this State for the principal purpose of furnishing natural gas to the residents, businesses, and industries of the service area as defined in and fully described in the act of the General Assembly that created and established the special purpose district, and in amendments to that act.
(4) "Joint agency" means a public body and body corporate and politic organized in accordance with the provisions of this chapter.
(5) "Member" of a joint agency means each of those governmental entities which have agreed to create a joint agency to undertake the ownership, operation, maintenance, financing, or contractual use of a project.
(6) "Project", "undertaking", or " facility" means a project or other undertaking pursued by a joint agency for a purpose that is a public and corporate purpose of a member of a joint agency and also means any plant, works, system, facility, and real and personal property of any kind, together with all parts of it and appurtenances to it, and any contract rights, relating to the storage, acquisition, exploration, production, distribution, enrichment, transmission, purchase, sale, exchange, or interchange of gas and relating to the acquisition, extraction, conversion, transportation, storage, or reprocessing of fuel of any kind for those purposes, or any interest in, or right to the use, services, enrichment, output, or capacity of the plant, works, system, or facilities. "Project" or "undertaking" is intended to include contracts and contract rights as well as tangible property.
(7) "State" means the State of South Carolina.
HISTORY: 2003 Act No. 8, Section 2, eff April 21, 2003.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 24 - Joint Agency Act › Section 6-24-30. Power to enter into agreements with other governmental entities.

(A) In addition and supplemental to other powers granted to governmental entities of the State, a governmental entity may:
(1) jointly plan, finance, develop, acquire, purchase, construct, reconstruct, improve, enlarge, own, operate, and maintain an undivided interest as a tenant-in-common in a project situated inside or outside the State with one or more governmental entities in this State and make plans and enter into contracts in connection with the project consistent with the provisions of this chapter and necessary or appropriate;
(2) undertake the exercise of any administrative function or power jointly with one or more governmental entities in this State and make plans and enter into contracts in connection with that exercise consistent with the provisions of this chapter and necessary or appropriate;
(3) enter into, amend, and terminate agreements in the nature of forward supply agreements, agreements for the management of interest rate risks or risks posed by the fluctuation of the cost of gas supplies, agreements for the management of cash flow, and other similar agreements; and
(4) agree to share the costs of a like undertaking with another governmental entity as is appropriate.
(B) Each governmental entity agreeing to act jointly shall have the legal capacity, power, and authority, by charter, act, constitution, or other law, to so act on its own. This section does not grant any authorization other than as is specifically provided. Each governmental entity may make plans and enter into contracts severally in connection with the projects described consistent with the provisions of this chapter and necessary or appropriate.
(C) Governmental entities which become tenants-in-common pursuant to this section may waive by contract their right of partition, either in kind or by sale. The power and right to enter into agreements to waive the right of judicial partition authorized by this section are in addition to powers and rights authorized elsewhere.
HISTORY: 2003 Act No. 8, Section 2, eff April 21, 2003.