reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 55 - State Fiscal Accountability Authority › Section 11-55-30. Matters referred to and decided by authority.

In the course of conducting and managing state affairs where a matter arises which would under prior precedents and practices be referred to the former Budget and Control Board for decision, although the procedure for the decision is not specifically provided for by general law, the matter instead shall be referred to and decided by the authority.
HISTORY: 2014 Act No. 121 (S.22), Pt VII, Section 18.A, eff July 1, 2015.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 55 - State Fiscal Accountability Authority › Section 11-55-40. Authority powers, duties, responsibilities, and authority.

(A) The authority shall exercise all functions, powers, duties, responsibilities, and authority related to the issuance of bonds and bonding authority, in general found in Title 11 of the 1976 Code, but also contained in certain other provisions of South Carolina law, as exercised by the former Budget and Control Board prior to the effective date of Act 121 of 2014, R. 124, S. 22.
(B) The authority shall exercise all functions, powers, duties, responsibilities, and authority, generally found in Title 11 of the 1976 Code, but also contained in certain other provisions of South Carolina law, exercised by the former Budget and Control Board related to grants, loans, and other forms of financial assistance to other entities.
(C) Bonded indebtedness issued by the South Carolina Jobs-Economic Development Authority (JEDA) requires approval by the authority as provided in Chapter 43, Title 41. Bonded indebtedness issued pursuant to this item does not constitute nor give rise to a pecuniary liability to the State or a charge against the credit or taxing powers of the State.
HISTORY: 2014 Act No. 121 (S.22), Pt VII, Section 18.A, eff July 1, 2015.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 55 - State Fiscal Accountability Authority › Section 11-55-50. Devolution of certain responsibilities of former Budget and Control Board.

Where the applicable enabling statute or the general law relating to a permanent improvement project or the issuance of bonds or funding relating to the project both the review of the Joint Bond Review Committee and the approval by the former Budget and Control Board, the responsibility of the former Budget and Control Board, in this regard, is devolved upon the authority with no prior approval required on the part of the department.
HISTORY: 2014 Act No. 121 (S.22), Pt VII, Section 18.A, eff July 1, 2015.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 56 - Microenterprise Development › Section 11-56-20. Definitions.

As used in this chapter:
(1) "Department" means the Department of Commerce.
(2) "Financial institution" means an organization authorized to do business under state or federal laws relating to financial institutions.
(3) "Microenterprise" means any business, whether new or existing, with five or fewer employees, including startup, home-based, and self-employed businesses.
(4) "Microloan" means any business loan up to twenty-five thousand dollars.
(5) "Microloan delivery organization" means a community-based or nonprofit program that has developed a viable plan for providing training, access to financing, and technical assistance for microenterprises.
(6) "Operating costs" means the costs associated with administering a loan or a loan guaranty, administering a revolving loan program, or providing for business training and technical assistance to a microloan recipient.
(7) "Program" means the Microenterprise Partnership Program.
(8) "Statewide microlending support organization" means a community-based or nonprofit organization that has a demonstrated capacity and a plan for providing and administering grants or loans to microloan delivery organizations.
HISTORY: 2014 Act No. 171 (H.3125), Section 1.A, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 56 - Microenterprise Development › Section 11-56-30. Purpose of chapter.

The purposes of this chapter are to:
(1) better ensure that South Carolina's microenterprises are able to realize their full potential to create jobs, enhance entrepreneurial skills and activity, and increase the capacity of low-income households to become self-sufficient; and
(2) facilitate the development of a permanent infrastructure of statewide microlending support organizations to serve the microenterprise and self-employment sectors.
HISTORY: 2014 Act No. 171 (H.3125), Section 1.A, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 56 - Microenterprise Development › Section 11-56-40. Microenterprise Partnership Program.

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.
HISTORY: 2014 Act No. 171 (H.3125), Section 1.A, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 56 - Microenterprise Development › Section 11-56-50. Criteria for awarding grants.

In developing criteria for awarding grants to microloan delivery organizations, the department shall consider the organization's:
(1) plan for providing business development services and microloans to microenterprises;
(2) plan for securing loan assistance from financial institutions;
(3) plan for coordinating the services and loans provided by the microloan delivery organization with loans from financial institutions;
(4) scope of services to be provided;
(5) ability to provide business development in areas of chronic economic distress and low-income regions of the State;
(6) area of the State to be served, with consideration being given to achieving equitable geographic distribution in awarding grants to areas of the State in need, including rural and urban communities and neighborhoods;
(7) ability to provide business training and technical assistance to microenterprise clients;
(8) ability to monitor and provide financial oversight of microloan recipients; and
(9) sources and sufficiency of operating funds.
HISTORY: 2014 Act No. 171 (H.3125), Section 1.A, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 56 - Microenterprise Development › Section 11-56-60. Grant of authorized funds.

Authorized funds may be awarded as a grant to a microloan delivery organization if:
(1) the authorized funds granted are matched by the microloan delivery organization with nonstate funds equivalent in money or in kind equal to one dollar for each one dollar of the grant funds requested. These matching funds may be secured from any nonstate source, including private foundations, federal or local government sources, quasigovernmental entities, or financial institutions or from any other entity whose funding source does not include funds appropriated by the General Assembly; and
(2) at least fifty percent of microloan funds are disbursed by the microloan delivery organization in microloans that do not exceed ten thousand dollars.
HISTORY: 2014 Act No. 171 (H.3125), Section 1.A, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 56 - Microenterprise Development › Section 11-56-70. Use of grants.

A grant made by the department to a microloan delivery organization may be used to:
(1) satisfy matching fund requirements for other federal or private grants;
(2) establish a revolving loan fund from which the microloan delivery organization may make loans to microenterprises;
(3) establish a guaranty fund from which the microloan delivery organization may guarantee loans made by financial institutions to microenterprises; and
(4) provide funding for the operating costs of a microloan delivery organization.
HISTORY: 2014 Act No. 171 (H.3125), Section 1.A, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 56 - Microenterprise Development › Section 11-56-80. Contracts with statewide microlending support organization.

If the department enters into a contractual relationship with a statewide microlending support organization, the contract must state that:
(1) authorized funds granted to the statewide microlending support organization must be matched by the organization with nonstate funds equivalent in money or in kind equal to one dollar for each one dollar of the grant funds requested; these matching funds may be secured from any nonstate source, including private foundations, federal or local government sources, quasigovernmental entities, or financial institutions or any other entity whose funding source does not include funds appropriated by the General Assembly;
(2) if awarding grants, the statewide microlending support organization shall award and administer the grants in accordance with the purposes of and in compliance with this chapter; and
(3) no greater than ten percent of authorized or contracted funds may be used for operating or administering the grant program.
HISTORY: 2014 Act No. 171 (H.3125), Section 1.A, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 56 - Microenterprise Development › Section 11-56-90. Annual report.

The department shall submit an annual report to the Governor and the General Assembly before January first of each year that must include, but is not limited to, the demand for grants and a description of the type of applicants who have sought grants from the Microenterprise Partnership Program, a list of the recipients, the amount of each grant awarded and the intended purpose of each grant, the impact of grants awarded, which may include information from previous years, a number and description of the partnerships between financial institutions and microloan delivery organizations that have resulted from grants made to microloan delivery organizations, and an evaluation of the program's performance based on the purposes of this chapter.
HISTORY: 2014 Act No. 171 (H.3125), Section 1.A, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 57 - Iran Divestment Act › Section 11-57-20. Findings.

The General Assembly finds that:
(1) Congress and the President have determined that the illicit nuclear activities of the Government of Iran, combined with its development of unconventional weapons and ballistic missiles, and its support of international terrorism, represent a serious threat to the security of the United States, Israel, and other United States allies in Europe, the Middle East, and around the world.
(2) The International Atomic Energy Agency has repeatedly called attention to Iran's unlawful nuclear activities, and, as a result, the United Nations Security Council has adopted a range of sanctions designed to encourage the Government of Iran to cease those activities and comply with its obligations under the Treaty on the Non-Proliferation of Nuclear Weapons.
(3) On July 1, 2010, President Barack Obama signed into law H.R. 2194, the "Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010" (Public Law 111-195), which expressly authorizes states and local governments to prevent investment in, including prohibiting entry into or renewing contracts with, companies operating in Iran's energy sector with investments that have the result of directly or indirectly supporting the efforts of the Government of Iran to achieve nuclear weapons capability.
(4) The serious and urgent nature of the threat from Iran demands that states, local governments, and private institutions work together with the federal government and American allies to do everything possible diplomatically, politically, and economically to prevent Iran from acquiring a nuclear weapons capability.
(5) Respect for human rights in Iran has steadily deteriorated as demonstrated by transparently fraudulent elections and the brutal repression and murder, arbitrary arrests, and show trials of peaceful dissidents.
(6) The concerns of the State of South Carolina regarding Iran are strictly the result of the actions of the Government of Iran and should not be construed as enmity towards the Iranian people.
(7) In order to effectively address the need for this State to respond to the policies of Iran in a uniform fashion, prohibiting contracts with persons engaged in investment activities in the energy sector of Iran must be accomplished on a statewide basis.
(8) It is the intent of the General Assembly to fully implement the authority granted under Section 202 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (Public Law 111-195).
HISTORY: 2014 Act No. 267 (H.3021), Section 1, eff September 7, 2014.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 57 - Iran Divestment Act › Section 11-57-30. Definitions.

As used in this chapter:
(1) "Energy sector of Iran" means activities to develop petroleum or natural gas resources or nuclear power in Iran.
(2) "Financial institution" means the term as used in Section 14 of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note).
(3) "Investment" means a commitment or contribution of funds or property, whatever the source, a loan or other extension of credit, and the entry into or renewal of a contract for goods or services. It does not include indirect beneficial ownership through index funds, commingled funds, limited partnerships, derivative instruments, or the like.
(4) "Iran" includes the Government of Iran and any agency or instrumentality of Iran.
(5) "Person" means any of the following:
(a) a natural person, corporation, company, limited liability company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group;
(b) any governmental entity or instrumentality of a government, including a multilateral development institution, as defined in Section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3));
(c) any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in subitems (a) and (b) of this item.
(6) "State agency" means each state board, commission, department, executive department or officer, institution, and instrumentality.
HISTORY: 2014 Act No. 267 (H.3021), Section 1, eff September 7, 2014.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 57 - Iran Divestment Act › Section 11-57-40. Chapter inapplicable to certain procurements or contracts.

This chapter does not apply to a procurement or contract valued at ten thousand dollars or less.
HISTORY: 2014 Act No. 267 (H.3021), Section 1, eff September 7, 2014; 2015 Act No. 63 (H.3583), Section 3, eff June 4, 2015.
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 3, substituted "ten thousand" for "one thousand".
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 57 - Iran Divestment Act › Section 11-57-50. Failure to comply with chapter not grounds for protest.

Failure to comply with a provision of this chapter is not grounds for a protest filed pursuant to Section 11-35-4210 or any other preaward protest process appearing in a procurement ordinance adopted by a political subdivision pursuant to Section 11-35-5320 or Section 11-35-5340, or similar law.
HISTORY: 2015 Act No. 63 (H.3583), Section 2.C, eff June 4, 2015.
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."
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 57 - Iran Divestment Act › Section 11-57-300. Investment activities in Iran.

For purposes of this chapter, a person engages in investment activities in Iran if:
(1) the person provides goods or services of twenty million dollars or more in the energy sector of Iran, including a person that provides oil or liquefied natural gas tankers, or products used to construct or maintain pipelines used to transport oil or liquefied natural gas, for the energy sector of Iran; or
(2) the person is a financial institution that extends twenty million dollars or more in credit to another person, for forty-five days or more, if that person will use the credit to provide goods or services in the energy sector in Iran and is identified on a list, created pursuant to Section 11-57-310, as a person engaging in investment activities in Iran as described in this section.
HISTORY: 2014 Act No. 267 (H.3021), Section 1, eff September 7, 2014.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 57 - Iran Divestment Act › Section 11-57-310. List of persons engaged in investment activities in Iran; ineligibility to contract with State; validity of contracts.

(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.
HISTORY: 2014 Act No. 267 (H.3021), Section 1, eff September 7, 2014.
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).
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 57 - Iran Divestment Act › Section 11-57-320. Exception to contract prohibition on case-by-case basis.

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.
HISTORY: 2014 Act No. 267 (H.3021), Section 1, eff September 7, 2014; 2015 Act No. 63 (H.3583), Section 2.A, eff June 4, 2015.
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".
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 57 - Iran Divestment Act › Section 11-57-330. Certification that person contracting with State is not on list created pursuant to 11-57-310; subcontracts; violations.

(A) A state agency or entity shall require a person that attempts to contract with the State, including a contract renewal or assumption, to certify, at the time the bid is submitted or the contract is entered into, renewed, or assigned, that the person or the assignee is not identified on a list created pursuant to Section 11-57-310. A state agency shall include certification information in the procurement record. This section does not apply to and such certification is not required for contracts between public procurement units, nor contracts between public procurement units and external procurement activities, as that term is defined in Section 11-35-4610.
(B) A person who contracts with the State shall not enter into a subcontract, on the contract with the state agency or entity, with any person that is identified on a list created pursuant to Section 11-57-310.
(C) Upon receiving information that a person who has made the certification required by subsection (A) is in violation thereof, the state agency or entity shall review such information and offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment which is in violation of this act within ninety days after the determination of such violation, then the state agency or entity shall take such action as may be appropriate and provided for by law, rule, or contract, including, but not limited to, imposing sanctions, seeking compliance, recovering damages, or declaring the contractor in default.
HISTORY: 2014 Act No. 267 (H.3021), Section 1, eff September 7, 2014; 2015 Act No. 63 (H.3583), Section 2.A, eff June 4, 2015.
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 (A), added the last sentence, relating to public procurement units; and in (B), substituted "person who contracts" for "person that contracts", "shall not enter into a subcontract" for ", including a contract renewal or assumption, shall not utilize,", and "with any person" for "any subcontractor".
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 57 - Iran Divestment Act › Section 11-57-340. Report.

The executive director shall report to the President of the Senate, the Speaker of the House of Representatives, and the Governor annually by October first, on the status of the federal "Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010" (Public Law 111-195), the "Iran Divestment Act of 2014", and any rules or regulations adopted thereunder.
HISTORY: 2014 Act No. 267 (H.3021), Section 1, eff September 7, 2014; 2019 Act No. 1 (S.2), Section 47, eff January 31, 2019.
Effect of Amendment
2019 Act No. 1, Section 47, substituted "President of the Senate" for "President Pro Tempore of the Senate".
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 57 - Iran Divestment Act › Section 11-57-500. Ineligibility to contact with political subdivisions.

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.
HISTORY: 2014 Act No. 267 (H.3021), Section 1, eff September 7, 2014.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 57 - Iran Divestment Act › Section 11-57-700. Prohibition of fund investment with person identified on list created pursuant to Section 11-57-310; divestment.

(A) Neither the Retirement System Investment Commission or the State Treasurer may invest funds with 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.
(B) Any existing investments in violation of subsection (A) as of the effective date of this act, must be divested within one hundred twenty days of the effective date of this act.
HISTORY: 2014 Act No. 267 (H.3021), Section 1, eff September 7, 2014.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 57 - Iran Divestment Act › Section 11-57-710. Exception to investment prohibition on case-by-case basis.

Notwithstanding Section 11-57-700, an investment may be made in a person engaged in investment activities in Iran as described in Section 11-57-300, on a case-by-case basis, if:
(1) the investment activities in Iran were made before the effective date of this act, 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 investor makes a determination that the investments are necessary to perform its functions.
HISTORY: 2014 Act No. 267 (H.3021), Section 1, eff September 7, 2014.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 57 - Iran Divestment Act › Section 11-57-720. Fiduciary responsibilities.

Nothing in this article requires the Retirement System Investment Commission or its agents or contract investment managers to take action as described in this article unless it is determined, in good faith, that the action described in this article is consistent with the fiduciary responsibilities of the commission or its agents or contract investment managers as described in Chapter 16, Title 9, and there are appropriated funds of the State to absorb the expenses necessary to implement this article.
HISTORY: 2014 Act No. 267 (H.3021), Section 1, eff September 7, 2014.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 57 - Iran Divestment Act › Section 11-57-730. Indemnification.

Present, future, and former authority members, officers, and employees of the State Budget and Control Board, the State Fiscal Accountability Authority, the Public Employee Benefit Authority, the Retirement System Investment Commission, and contract investment managers and agents retained by the commission, as well as present, future, and former State Treasurers, officers, and employees of the State Treasurer, and contract investment managers and agents retained by the State Treasurer must be indemnified from the General Fund of the State and held harmless by the State from all claims, demands, suits, actions, damages, judgments, costs, charges, and expenses, including court costs and attorney's fees, and against all liability, losses, and damages of any nature whatsoever that these present, future, or former authority members, officers, employees, agents or contract investment managers shall or may at any time sustain by reason of any decision to restrict, reduce, or eliminate investments pursuant to this chapter.
HISTORY: 2014 Act No. 267 (H.3021), Section 1, eff September 7, 2014.
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.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 57 - Iran Divestment Act › Section 11-57-740. Applicability of chapter.

The restrictions provided for in this chapter apply only until:
(1) the President or Congress of the United States, by means including, but not limited to, legislation, executive order, or written certification, declares that divestment of the type provided for in this chapter interferes with the conduct of United States foreign policy; or
(2) the United States revokes its current sanctions against Iran.
HISTORY: 2014 Act No. 267 (H.3021), Section 1, eff September 7, 2014.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 58 - South Carolina Opioid Recovery Act › Section 11-58-10. Short title; purpose.

(A) This act may be cited as the "South Carolina Opioid Recovery Act".
(B) The purpose of this act is to ratify and implement the necessary terms of certain opioid-related settlements entered into by the State of South Carolina and its participating political subdivisions by:
(1) creating the South Carolina Opioid Recovery Fund from which money will be distributed to help address and remediate opioid-related issues;
(2) creating the South Carolina Opioid Recovery Fund Board to administer and distribute money in the South Carolina Opioid Recovery Fund; and
(3) barring future claims by state and local governmental entities against certain companies which have entered into opioid-related settlements with the State of South Carolina.
HISTORY: 2022 Act No. 222 (H.5182), Section 1, eff May 23, 2022.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 58 - South Carolina Opioid Recovery Act › Section 11-58-20. Definitions.

For purposes of this chapter:
(1) "Administrative Subfund" means the subaccount or subaccounts with the State Treasurer created pursuant to this chapter where certain funds in the South Carolina Opioid Recovery Fund are expended by the South Carolina Opioid Recovery Fund Board and the State Fiscal Accountability Authority to pay for costs associated with administering this chapter.
(2) "Approved abatement strategies" means those measures to address and remediate opioid-related issues that are set forth in opioid-related settlements between the State of South Carolina, its participating political subdivisions, and certain companies that market, promote, distribute, dispense, or supply opioids and incorporated herein.
(3) "Discretionary Subfund" means the subaccount or subaccounts with the State Treasurer created pursuant to this chapter where certain funds in the South Carolina Opioid Recovery Fund are distributed by the South Carolina Opioid Recovery Fund Board in its discretion to qualified applicants for approved abatement strategies.
(4) "Guaranteed Political Subdivision Subfund" means the subaccount or subaccounts with the State Treasurer created pursuant to this chapter where certain funds in the South Carolina Opioid Recovery Fund guaranteed to participating political subdivisions are distributed by the South Carolina Opioid Recovery Fund Board to qualified applicants for approved abatement strategies.
(5) "Participating political subdivision" means those counties and municipalities that participated in certain opioid-related settlements with the State of South Carolina.
(6) "South Carolina Opioid Recovery Fund" means the account or accounts with the State Treasurer created pursuant to this chapter to receive funds obtained through settlement with or judgment against certain companies that market, promote, distribute, dispense, or supply opioids. These funds are not general fund revenue of the State and must be kept by the State Treasurer in a distinct and separate unbudgeted trust and agency fund apart from the general fund. These funds are to be administered pursuant to this chapter and expended only for the purposes provided in this chapter. For the avoidance of doubt, the Administrative Subfund, the Discretionary Subfund, and the Guaranteed Political Subdivision Subfund are part of the South Carolina Opioid Recovery Fund.
(7) "South Carolina Opioid Recovery Fund Board" or "the board" means the entity created pursuant to this chapter for the purpose of administering and distributing the funds within the South Carolina Opioid Recovery Fund.
HISTORY: 2022 Act No. 222 (H.5182), Section 1, eff May 23, 2022.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 58 - South Carolina Opioid Recovery Act › Section 11-58-30. South Carolina Opioid Recovery Fund; establishment; use of funds.

(A) The State Treasurer shall establish the South Carolina Opioid Recovery Fund. This fund must be held and maintained separately from all other funds, properties, assets, and accounts of the State and its other agencies.
(B) The South Carolina Opioid Recovery Fund shall receive money from certain opioid-related settlements entered into by the State of South Carolina and its participating political subdivisions pursuant to the terms of an agreement between the Attorney General and the participating political subdivisions. The Attorney General and participating political subdivisions may direct funds from future opioid-related settlements or judgments to the South Carolina Opioid Recovery Fund.
(C) All funds in the South Carolina Opioid Recovery Fund must be spent on approved abatement strategies, except that up to two percent of funds deposited into the South Carolina Opioid Recovery Fund pursuant to subsection (B) may be allocated by the South Carolina Opioid Recovery Fund Board to the Administrative Subfund for the purpose of administering this chapter.
(D) The State Auditor shall conduct an annual examination of the South Carolina Opioid Recovery Fund and provide a report of its findings to the South Carolina Opioid Recovery Fund Board and the State Fiscal Accountability Authority.
(E) The State Treasurer may invest funds held in the South Carolina Opioid Recovery Fund for the sole benefit of that fund.
(F) The State Inspector General may investigate and address allegations of fraud, waste, abuse, mismanagement, misconduct, violations of state or federal law, and wrongdoing relating to the South Carolina Opioid Recovery Fund. If any such allegations come to the attention of the board or its staff, immediate notice of the relevant facts must be transmitted to the State Inspector General.
HISTORY: 2022 Act No. 222 (H.5182), Section 1, eff May 23, 2022.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 58 - South Carolina Opioid Recovery Act › Section 11-58-40. Discretionary Subfund.

(A) The State Treasurer shall establish the Discretionary Subfund within the South Carolina Opioid Recovery Fund.
(B) The South Carolina Opioid Recovery Fund Board may authorize payments from the Discretionary Subfund to requesting entities, if all of the following requirements are met:
(1) the request complies with all application requirements set out by the board;
(2) the request is for an approved abatement strategy;
(3) sufficient funds to pay the request are in the Discretionary Subfund; and
(4) the request is, in the judgment and discretion of the board, an appropriate, reasonable, and merited use of funds to help address issues caused by opioids.
(C) The board may approve, deny, or defer any request. The board may establish criteria for evaluating competing requests for payments from the Discretionary Subfund. The board may, but is not required to, provide its grounds for denying a request for funds from the Discretionary Subfund.
(D) All decisions of the South Carolina Opioid Recovery Fund Board to authorize payment from the Discretionary Subfund are final and not subject to appeal or judicial review.
HISTORY: 2022 Act No. 222 (H.5182), Section 1, eff May 23, 2022.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 58 - South Carolina Opioid Recovery Act › Section 11-58-50. Guaranteed Political Subdivision Subfund.

(A) The State Treasurer shall establish the Guaranteed Political Subdivision Subfund within the South Carolina Opioid Recovery Fund.
(B) The South Carolina Opioid Recovery Fund Board shall authorize payments from the Guaranteed Political Subdivision Subfund to requesting entities, if all of the following requirements are met:
(1) the request complies with all application requirements set out by the board;
(2) the request is for an approved abatement strategy;
(3) the request is made by the governing body of a participating political subdivision or another entity with written authorization from the governing body of a participating political subdivision; and
(4) sufficient funds to pay the request are in the Guaranteed Political Subdivision Subfund and set aside for use by that participating political subdivision.
(C) If the board denies a request under this section, it promptly shall notify the participating political subdivision that requested or authorized the request for funds and provide its grounds for denying the request.
(D) Any legal challenge to a decision of the South Carolina Opioid Recovery Fund Board denying payment from the Guaranteed Political Subdivision Subfund must be brought as a declaratory judgment action in the court of common pleas in Richland County by the participating political subdivision directly.
HISTORY: 2022 Act No. 222 (H.5182), Section 1, eff May 23, 2022.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 58 - South Carolina Opioid Recovery Act › Section 11-58-60. Administrative Subfund.

(A) The State Treasurer shall establish the Administrative Subfund within the South Carolina Opioid Recovery Fund.
(B) Funds allocated to the Administrative Subfund by the South Carolina Opioid Recovery Fund Board may be expended by the board and the State Fiscal Accountability Authority to pay for the costs associated with administering this chapter, in accordance with a budget adopted or amended pursuant to Section 11-58-80(E).
(C) The board may authorize the State Treasurer to transfer funds from the Administrative Subfund to the South Carolina Opioid Recovery Fund at any time.
HISTORY: 2022 Act No. 222 (H.5182), Section 1, eff May 23, 2022.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 58 - South Carolina Opioid Recovery Act › Section 11-58-90. Effect of settlements or judgments on subsequent claims.

(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.
HISTORY: 2022 Act No. 222 (H.5182), Section 1, eff May 23, 2022.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 58 - South Carolina Opioid Recovery Act › Section 11-58-100. Construction of chapter.

This act and all powers granted by this chapter must be liberally construed to effectuate its intent and their purposes, without implied limitations on them. This chapter constitutes full and complete authority for all things herein contemplated to be done. All rights and powers granted in this chapter shall be as cumulative with those derived from other sources and shall not, except as expressly stated in this chapter, be construed in limitation thereof. Insofar as the provisions of this chapter are inconsistent with the provisions of any other act, general or special, the provisions of this chapter are controlling. If any clause, sentence, paragraph, section, or part of this chapter be adjudged by any court of competent jurisdiction to be invalid, this judgment shall not affect, impair, or invalidate the remainder of this chapter but is confined in its operation to the clause, sentence, paragraph, section, or part of the chapter directly involved in the controversy in which the judgment shall have been rendered.
HISTORY: 2022 Act No. 222 (H.5182), Section 1, eff May 23, 2022.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 60 - Public Finance › Section 11-60-10. Definitions.

For the purposes of this chapter:
(1) "Authority" means the State Fiscal Accountability Authority.
(2) "Independent evaluator" means a qualified person or entity selected by a state agency, and with whom a state agency contracts, to provide independent evaluation services to determine if performance measures have been achieved within a stated period under a pay-for-success contract. An independent evaluator must be identified prior to submitting a pay-for-success proposal to the authority, as required by Section 11-60-30.
(3)(a) "Pay-for-success contract" means a written agreement between a state agency and a private-sector organization under which:
(i) the private-sector organization provides a program or service, including a related project management service;
(ii) the parties set forth performance measures for a given population over a certain period of time that the private-sector organization intends to achieve;
(iii) the parties agree to an amount that the private-sector organization earns if the performance measures are achieved within the stated time period and agree that the success payment is due to the private-sector organization only if it achieves these performance measures within the stated period; and
(iv) any other provisions are included as required by Section 11-60-40.
(b) "Pay-for-success contract" does not mean a guaranteed energy, water, or wastewater savings contract or a contract subject to Article 9, Chapter 35, Title 11.
(4) "Performance measures" means specific, measurable, time-based goals, the completion of which predicates payment under a pay-for-success contract.
(5) "Private-sector organization" means a firm or nonprofit organization that contracts with a state agency in a pay-for-success contract.
(6) "Success payment" means the money paid when a pay-for-success contract performance measure is met.
HISTORY: 2021 Act No. 52 (S.461), Section 2, eff May 17, 2021.
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'."
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 60 - Public Finance › Section 11-60-20. Requirements for state agency to enter into a pay-for-success contract.

Subject to Section 11-60-30, a state agency may enter into a pay-for-success contract only if the state agency head explains in writing how the contract will produce a quantifiable public benefit or financial savings to the State, by achieving meaningful impact outcomes and not simply short-term unsustainable outcomes, and outlines any risks associated with the proposed project.
HISTORY: 2021 Act No. 52 (S.461), Section 2, eff May 17, 2021.
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'."
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 60 - Public Finance › Section 11-60-30. Approval by authority required prior to competitive solicitation or contract formation.

All pay-for-success contracts require approval by the authority prior to competitive solicitation or contract formation, whichever is earlier. The authority may exempt a state agency from this requirement. The authority must consider, at a minimum, the availability and source of funds to make success payments, the qualifications and independence of the independent evaluator, the proposed performance measures, and the stated public benefit or financial savings to the State, including the state agency head's written explanation as required by Section 11-60-20. If the authority exempts a state agency from obtaining authority approval, then the state agency must keep the state agency head's written explanation of benefits and savings in its records. Nothing herein exempts a pay-for-success contract from Chapter 35, Title 11.
HISTORY: 2021 Act No. 52 (S.461), Section 2, eff May 17, 2021.
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'."