reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 23 - Joint County Fire Districts › Section 4-23-1065. Traffic control at fire scene.

All members of a truck company of the fire district, employees, or volunteers may direct and control traffic at the scene of any fire in the area of the district and enforce the laws of this State relating to the following of fire apparatus, the crossing of a fire hose, and interfering with firemen in the discharge of their duties in connection with a fire in the same manner as provided for the enforcement of these laws by law enforcement officers.
HISTORY: 2014 Act No. 183 (H.5225), Section 1, eff May 28, 2014.
Validity
For validity of this section, see County of Florence v. West Florence Fire District, 422 S.C. 316, 811 S.E.2d 770 (2018).
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 23 - Joint County Fire Districts › Section 4-23-1070. Damage to property of fire district; penalty.

It is unlawful for any person to wilfully destroy or damage any facility of the district, or equipment used in the operation of a facility, to interfere with a member of a fire department in the discharge of his duties in the district or to interfere with any fire apparatus used by the fire department in the district. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than thirty dollars nor more than one hundred dollars or be imprisoned not exceeding thirty days.
HISTORY: 2014 Act No. 183 (H.5225), Section 1, eff May 28, 2014.
Validity
For validity of this section, see County of Florence v. West Florence Fire District, 422 S.C. 316, 811 S.E.2d 770 (2018).
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 23 - Joint County Fire Districts › Section 4-23-1100. Joint county fire district defined.

For purposes of this article, "joint county fire district" means a special purpose district created for the provision of fire protection consisting of areas in more than one county and created by act of the General Assembly before the effective date of this article.
HISTORY: 2011 Act No. 16, Section 1, eff May 9, 2011.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 23 - Joint County Fire Districts › Section 4-23-1105. General obligation bonds; authorization for joint county fire district to issue; purpose; procedures.

A joint county fire district may issue general obligation bonds for any corporate purpose by utilizing the procedures set forth in Sections 6-11-820 through 6-11-1030, the provisions of Section 6-11-810(d) and (e) notwithstanding.
HISTORY: 2011 Act No. 16, Section 1, eff May 9, 2011.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 23 - Joint County Fire Districts › Section 4-23-1210. Landrum Fire and Rescue District Commission established.

(A) The district must be governed by a commission to be known as the Landrum Fire and Rescue District Commission (commission). The commission shall consist of five resident electors of the district, two residing in Region 1, two residing in Region 2, and one residing in Region 3; however, upon the effective date of this act and prior to the election of commissioners, the City Council of the City of Landrum shall appoint two commissioners, the County Council of Spartanburg County shall appoint two commissioners, and the members of the Board of Directors of Foothills Fire Service Area Board shall appoint one commissioner, with each commissioner serving until his or her successor is elected and qualifies.
(B) After the original appointments, a nonpartisan election must be conducted by the Greenville and Spartanburg County Boards of Voter Registration and Elections on the first Tuesday following the first Monday in November of the first odd-numbered year after the effective date of this act. The county boards of voter registration and elections shall give notice by publication ninety days prior to the election and a second notice two weeks after the first notice, in one or more newspapers of general circulation in the district. The terms of the commissioners who receive the highest number of votes from Regions 1 and 2 and the term of the commissioner from Region 3 shall expire on December thirty-first of the fourth full year following the election. The terms of the remaining commissioners shall expire on December thirty-first of the second full year following the election. After these terms expire, each successor commissioner's term must be four years, and each successor commissioner must be elected during the general election in November prior to the expiration of a commissioner's term. These terms shall commence on the first day of January in the year following the election.
(C) A vacancy occurring on the commission by reason of death, resignation, incapacity, or otherwise, must be filled for the remainder of the unexpired term by the Governor upon recommendation by the members of the South Carolina Senate and House of Representatives who represent the district. Upon a commissioner moving his legal residence out of the appropriate district region, dying, or resigning, that commissioner's position automatically becomes vacant.
(D) A resident qualified elector of the district may be a candidate for election to the position of commissioner by filing with the county board of voter registration and elections of the county in which he resides at least ninety days prior to the election.
HISTORY: 2015 Act No. 48 (H.3304), Section 1, eff June 3, 2015.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 23 - Joint County Fire Districts › Section 4-23-1230. Revenues derived by the commission.

All revenues derived by the commission from the operation of a revenue-producing facility, which may not be required to discharge covenants made by it in issuing bonds, notes, or other obligations authorized by this act, must be utilized by the commission from time to time for the public purposes of the district.
HISTORY: 2015 Act No. 48 (H.3304), Section 1, eff June 3, 2015.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 23 - Joint County Fire Districts › Section 4-23-1240. Rates charged for services.

The rates charged for services furnished by a revenue-producing facility of the district, as constructed, improved, enlarged or extended, are not subject to supervision or regulation by a state bureau, board, commission or other like instrumentality or agency of the State.
HISTORY: 2015 Act No. 48 (H.3304), Section 1, eff June 3, 2015.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 23 - Joint County Fire Districts › Section 4-23-1250. Exemption of property and income of district from taxation.

The property and income of the district is exempt from all taxes levied by the State, county, or any municipality, division, subdivision or agency of them, direct or indirect.
HISTORY: 2015 Act No. 48 (H.3304), Section 1, eff June 3, 2015.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 23 - Joint County Fire Districts › Section 4-23-1260. Indebtedness of district; contract provisions between district and holder of obligations.

So long as the district is indebted to a person on any bonds, notes or other obligations issued pursuant to the authority of this act, the provisions of this act and the powers granted to the district and the commission are not in any way diminished or restricted, and this provision of this act is considered a part of the contract between the district and the holders of these obligations.
HISTORY: 2015 Act No. 48 (H.3304), Section 1, eff June 3, 2015.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 23 - Joint County Fire Districts › Section 4-23-1270. Supervisory powers of fire chief or equivalent official; readiness of equipment.

The fire chief or equivalent official of the truck companies to which equipment is assigned shall have complete supervision over its usage and operation, and it is his responsibility to insure that the equipment is readily available for use at all times.
HISTORY: 2015 Act No. 48 (H.3304), Section 1, eff June 3, 2015.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 23 - Joint County Fire Districts › Section 4-23-1280. Traffic control at fire scene.

All members of the truck companies of the district, whether employees or volunteers, may direct and control traffic at the scene of a fire in the area of the district and enforce the laws of this State relating to the following of fire apparatus, the crossing of a fire hose, and interfering with firemen in the discharge of their duties in connection with a fire in the same manner as provided for the enforcement of these laws by law enforcement officers.
HISTORY: 2015 Act No. 48 (H.3304), Section 1, eff June 3, 2015.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 23 - Joint County Fire Districts › Section 4-23-1290. Damage to property of fire district; penalty.

It is unlawful for a person to wilfully destroy or damage a facility of the district or equipment used in the operation of a facility, to interfere with a member of a fire department in the discharge of his duties in the district, or to interfere with a fire apparatus used by the fire department in the district. A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, may be fined or imprisoned in an amount or for a term not exceeding the maximum penalty for an offense within the jurisdiction of the magistrates courts, unless a lesser penalty is established by state law.
HISTORY: 2015 Act No. 48 (H.3304), Section 1, eff June 3, 2015.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 25 - Regulation Of Building Construction › Section 4-25-10. Authority to regulate construction and electrical work and to license contractors.

The governing body of each county in this State with a population of more than one hundred fifty thousand persons, according to the most recent official United States census, may determine those areas or sections in the county lying outside of the limits of incorporated municipalities which, by reason of density of settlement or population, or urban growth and development, residential, commercial, business, or industrial, shall come within the purview of those rules and regulations which the governing body of the county may issue pursuant to this section. The governing body may, either by resolution or ordinance, provide and prescribe reasonable rules and regulations for (a) the construction, alteration or repair of all buildings and structures of every kind, (b) the installation of electrical wiring and appliances in such buildings, (c) the licensing on the basis of their qualifications, competence and performance record, of all contractors engaged in the construction, alteration or repair of such buildings, and all electrical contractors engaged in the installation of electrical wiring and appliances in such buildings, and (d) the adoption of such other reasonable rules, regulations and codes pertaining to buildings and structures of every kind not otherwise provided by law, including but not limited to minimum housing, fire prevention, and gas codes, in any such area or section in which the governing body shall deem such rules and regulations to be necessary or proper for the protection of public health and safety in such area or section.
HISTORY: 1962 Code Section 14-400.601; 1956 (49) 2154; 1957 (50) 367; 1971 (57) 879.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 25 - Regulation Of Building Construction › Section 4-25-20. Notice and hearing before adoption of rules and regulations.

When the governing body shall determine that such rules and regulations are necessary in any area or section of the county lying outside of the limits of incorporated municipalities, it shall hold a public hearing, after notice thereof, describing the area or section, shall have been published in a newspaper of general circulation in the county at least once a week for three successive weeks, for the purpose of considering the necessity of such rules and regulations, the type, coverage and contents thereof, and the exact extent of the area or section proposed to be covered thereby, at which hearing any and all interested parties shall be entitled to appear and be heard. After such hearing shall have been had, and not before, the governing body may provide and prescribe by resolution or ordinance the rules and regulations applicable in and to such area or section.
HISTORY: 1962 Code Section 14-400.602; 1956 (49) 2154.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 25 - Regulation Of Building Construction › Section 4-25-30. Licenses not required for certain work.

No rule or regulation shall require a license for, or prohibit for lack of license, the performance of any kind of construction, alteration, repair, electrical wiring installation or other work upon any property by the owner thereof, or (a) by employees of the owner or members of the family of the owner; or (b) by or for public utility corporations subject to regulation by the duly constituted authorities of the Public Service Commission and where such property is required as a part of the plant of any such corporation and is so utilized in rendering its service to the public. The words "by employees of the owner," as used in this section, shall not be construed to include any contractor employed by the owner; nor shall the wording in this section be interpreted so as to abrogate or in any way modify the permit, inspection or other sections and provisions of this article; nor shall the relief from licensing provided by this section apply to a builder, developer or contractor engaged in the construction of buildings for resale.
HISTORY: 1962 Code Section 14-400.603; 1957 (50) 367; 1962 (52) 2155.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 25 - Regulation Of Building Construction › Section 4-25-40. Copies of rules and regulations shall be furnished.

When rules and regulations shall have been provided and prescribed under this article, it shall be the duty of the governing body providing and prescribing them forthwith to cause to be printed a sufficient number of copies to furnish a copy thereof to anyone applying therefor, and the governing body shall cause to be published in a newspaper of general circulation in the county a notice stating in substance that such rules and regulations have been provided and prescribed, and giving the place at which copies thereof may be obtained.
HISTORY: 1962 Code Section 14-400.604; 1956 (49) 2154.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 25 - Regulation Of Building Construction › Section 4-25-50. Rules and regulations may be amended or repealed.

The governing body shall at all times have the right to amend or repeal any rules or regulations provided and prescribed under this article, after due notice and hearing as in the case of their original adoption.
HISTORY: 1962 Code Section 14-400.605; 1956 (49) 2154.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 25 - Regulation Of Building Construction › Section 4-25-60. Duty to enforce rules and regulations.

It shall be the duty of the building inspector or other appropriate official or employee of the county to see that all rules and regulations provided and prescribed under this article are faithfully and diligently observed and executed.
HISTORY: 1962 Code Section 14-400.606; 1956 (49) 2154.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 25 - Regulation Of Building Construction › Section 4-25-70. Violations.

Any person wilfully failing or refusing to comply with any applicable rule or regulation provided and prescribed under this article, after written notice of such rule or regulation and demand for compliance therewith, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars or imprisonment of not more than thirty days. Each day, after conviction of any such failure or refusal to comply, that such failure or refusal shall continue shall constitute a separate offense and be subject to like conviction and punishment.
HISTORY: 1962 Code Section 14-400.607; 1956 (49) 2154.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 25 - Regulation Of Building Construction › Section 4-25-210. Building permit required.

It shall be unlawful for any person to erect or construct any improvements on real estate, which cost in excess of one thousand dollars, in any county containing a municipality with a population of more than ninety-seven thousand, according to the latest official United States census, unless an application has been filed with and a permit granted by the county auditor to erect or construct such improvements; provided, that no application or permit shall be required for such improvements upon real estate situate within any incorporated municipality, which requires a permit for the erection or construction of such improvements.
HISTORY: 1962 Code Section 14-400.621; 1957 (50) 642; 1961 (52) 716; 1966 (54) 2659.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 25 - Regulation Of Building Construction › Section 4-25-220. Application for permit.

The auditor shall prepare and furnish application forms, which shall show information to be of assistance to him in locating the real estate on which such improvements or construction are to be made and in checking tax returns. Such information shall include, but shall not be limited to, the following:
(1) Name of owner of the real estate;
(2) School district;
(3) Street number or road and rural post-office box number;
(4) Estimated cost of construction;
(5) Estimated total floor area in square feet;
(6) Type of construction;
(7) Type of roof;
(8) Number of stories;
(9) Number of rooms;
(10) Use to be made of improvements;
(11) Width of right-of-way of street; and
(12) Approximate distance from the limits of the nearest municipality.
HISTORY: 1962 Code Section 14-400.622; 1957 (50) 642; 1961 (52) 716; 1966 (54) 2659.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 25 - Regulation Of Building Construction › Section 4-25-230. Issuance of permit; fee.

The auditor shall issue the permit upon the applicant's paying a fee of two dollars when the construction will cost less than two thousand five hundred dollars or five dollars when the construction will cost more than two thousand five hundred dollars. The permit shall be numbered and a card issued to be posted on the real estate on which the construction or improvements are to be made. The permit shall be made in duplicate and the original shall be filed with the county auditor.
HISTORY: 1962 Code Section 14-400.623; 1957 (50) 642; 1961 (52) 716; 1966 (54) 2659.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 25 - Regulation Of Building Construction › Section 4-25-240. Building permit inspector.

The auditor may appoint, subject to the approval of at least one half of the county legislative delegation, including the Senator, a building permit inspector who may issue permits upon application and retain one half of the fee collected for issuing such permits, and remit the remaining one half to the county treasurer on or before the tenth day of the succeeding month.
HISTORY: 1962 Code Section 14-400.624; 1961 (52) 716; 1966 (54) 2659.
Editor's Note
In Dorchester County, appointments made pursuant to this section are governed by the provisions of Act 512 of 1996.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 25 - Regulation Of Building Construction › Section 4-25-250. Electricity shall not be furnished to building constructed without permit or to saw service.

It shall be unlawful for any electric utility company or electric cooperative to make a new connection of electrical energy to a new building or facility requiring a permit under this article unless such permit was acquired for the construction of the building or facility or to a saw service. Any company or cooperative making such a connection shall report to the county assessor on or before the tenth of each month the location of each such connection, together with such other information as the assessor may direct.
HISTORY: 1962 Code Section 14-400.624:1; 1965 (54) 45.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 25 - Regulation Of Building Construction › Section 4-25-260. Additional tax penalty on improvements not taxed for lack of permit.

The auditor may impose, in addition to any other penalty provided by law, an additional tax of fifty percent of the taxes payable in respect of any improvements which shall not have been taxed by reason of the failure to obtain such permit. The amount of such penalty shall be a lien upon the property for ten years.
HISTORY: 1962 Code Section 14-400.625; 1961 (52) 716.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 25 - Regulation Of Building Construction › Section 4-25-270. Municipalities shall furnish copies of permits to auditor.

Every municipality, in such county, requiring permits for the erection or construction of any improvements upon real estate situate within such municipality, shall furnish to the auditor copies of all such permits issued by such municipality.
HISTORY: 1962 Code Section 14-400.626; 1957 (50) 642; 1961 (52) 716.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 25 - Regulation Of Building Construction › Section 4-25-280. Violations.

Any person violating the provisions of this article shall, upon conviction, be fined not more than one hundred dollars or imprisoned for not more than thirty days.
HISTORY: 1962 Code Section 14-400.627; 1957 (50) 642; 1961 (52) 716.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 29 - Industrial Development Projects › Section 4-29-20. Powers of counties and incorporated municipalities in connection with projects; joint acquisition of projects located in more than one county; authority to issue revenue bonds for certain purposes.

Subject to obtaining the approval from the State Fiscal Accountability Authority required by Section 4-29-140, the several counties, incorporated municipalities of the State functioning through their respective governing boards shall have, in addition to such other powers as may be vested in such counties and incorporated municipalities by laws now existing or hereafter enacted, the following powers: (1) to acquire or cause to be acquired, and, in connection with such acquisition, to enlarge, improve and expand, whether by construction, purchase, gift or lease, one or more projects which shall be located within the county, or incorporated municipality; provided, that powers given to the governing board of a county may be exercised in respect to projects anywhere within the county, including any incorporated municipality therein; (2) to enter into agreements with any industry to construct and thereafter operate, maintain and improve a project; (3) to enter into a financing agreement with such industry prescribing the terms and conditions of the payments to be made by the industry to the county or incorporated municipality, or its assignee, to meet the payments that shall become due on bonds; (4) to issue revenue bonds for the purpose of defraying the cost of acquiring, by construction and purchase, and in connection with any such acquisition, to enlarge, improve and expand any project, and to secure the payment of such bonds, all as hereinafter provided; (5) to accept any state or federal grant that might become applicable to defray any portion of the cost of any project. No governing board shall have the power to operate any project as a business or in any manner except as lessor thereof.
HISTORY: 1962 Code Section 14-399.22; 1967 (55) 120; 1980 Act No. 518, Section 10B.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 29 - Industrial Development Projects › Section 4-29-50. Contracts for construction of projects.

Contracts for the construction of any projects may be let on such terms and under such conditions as the governing board shall prescribe and may be let with or without advertisement or call for bids therefor.
HISTORY: 1962 Code Section 14-399.25; 1967 (55) 120; 1980 Act No. 518, Section 10B.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 29 - Industrial Development Projects › Section 4-29-60. Findings necessary prior to undertaking projects; required provisions in financing agreements.

Prior to undertaking any project, the governing board shall find: That the project will subserve the purposes of this chapter; that the project is anticipated to benefit the general public welfare of the locality by providing services, employment, recreation or other public benefits not otherwise provided locally; that the project will give rise to no pecuniary liability of the county or incorporated municipality or a charge against its general credit or taxing power; the amount of bonds required to finance the project; the amount necessary in each year to pay the principal of and the interest on the bonds proposed to be issued to finance the project; the amount necessary to be paid each year into any reserve funds which the governing board may deem it advisable to establish in connection with the retirement of the proposed bonds and the maintenance of the project; and, unless the terms of a financing agreement with respect to a project provide that the industry shall maintain the project and carry all proper insurance with respect thereto, the estimated cost of maintaining the project in good repair and keeping it properly insured. The determinations and findings of the governing board required to be made above shall be set forth in the proceedings under which the proposed bonds are to be issued.
Every financing agreement with respect to a project shall contain an agreement obligating the industry to effect the completion of the project if the proceeds of the bonds prove insufficient, and obligating the industry to pay an amount under the terms of a financing agreement, which, upon the basis of the determinations theretofore made, will be sufficient (a) to pay the principal of and interest on the bonds issued to finance the project, (b) to build up and maintain any reserves deemed by the governing board to be advisable in connection therewith, and (c) unless the financing agreement obligates the industry to pay for the maintenance and insurance of the project, to pay the costs of maintaining the project in good repair and keeping it properly insured.
Every financing agreement in the form of a lease shall contain a provision requiring the industry to make payments to the county or counties, municipality or municipalities, school district or school districts, and other political units wherein the project shall be located in lieu of taxes, in such amounts as would result from taxes levied on the project by such county or counties, municipality or municipalities, school district or school districts, and other political unit or units, if the project were owned by the industry, but with appropriate reductions similar to the tax exemptions, if any, which would be afforded to the industry if it were the owner of the project.
HISTORY: 1962 Code Section 14-399.26; 1967 (55) 120; 1980 Act No. 518, Section 10B; 1981 Act No. 179 Section 9.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 29 - Industrial Development Projects › Section 4-29-65. Requirement of feasibility report.

After January 1, 1986, before any project may be purchased or leased from any municipality, county, agency, political subdivision, or special purpose district for the purpose of providing a project hereunder, the plan for the purchase or lease must be submitted to the applicable council of governments for the preparation of a feasibility report which shall include the fiscal impact of the proposed action on the taxpayers of each taxing authority affected by the project. The report must be submitted to the governing body of the municipality, county, agency, political subdivision, or special purpose district at least thirty days prior to the execution of the final purchase or lease arrangement.
HISTORY: 1985 Act No. 196, Section 3.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 29 - Industrial Development Projects › Section 4-29-70. Options in leases; consideration for renewal of lease or purchase of project.

Any financing agreement in the form of a lease of any project may include a provision that the industry shall have options to renew such lease and/or to purchase any or all of the leased project on such terms, at such times, and upon such considerations as the governing board shall agree to. The consideration for any renewal of the lease or for the purchase of any or all of the project need not require the payment by the industry of the full market value thereof, but may be fixed at such lesser consideration as the governing board shall determine to be in the interest of the county or incorporated municipality and in furtherance of the policy of this chapter.
HISTORY: 1962 Code Section 14-399.27; 1967 (55) 120; 1980 Act No. 518, Section 10B.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 29 - Industrial Development Projects › Section 4-29-80. Additional powers of governing boards.

The governing board has the power to provide that the project and improvements must be acquired by the county or incorporated municipality, the industry, or both, on real estate owned by the county, incorporated municipality, or other agency or political subdivision of the State or the industry, that bond proceeds must be disbursed by the trustee bank or banks or depository during construction upon the estimate, order, or certificate of the industry, and if the financing agreement is in the form of a lease that the project need not be conveyed to the county or incorporated municipality for lease to the industry until its completion. The governing board may authorize the industry to acquire real estate and commence construction in anticipation of the issuance of bonds and to provide that the industry must be reimbursed for the expenditures from the proceeds of the bonds if and when issued. In making the agreements or provisions the governing board does not have the power to obligate the county or incorporated municipality except with respect to the project and the application of the revenues therefrom and does not have the power to incur a pecuniary liability or a charge upon the general credit of the county or incorporated municipality or against its taxing powers.
HISTORY: 1962 Code Section 14-399.28; 1967 (55) 120; 1980 Act No. 518, Section 10B; 1992 Act No. 361, Section 38, eff May 4, 1992.
Effect of Amendment
The 1992 amendment revised this section.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 29 - Industrial Development Projects › Section 4-29-90. Application of proceeds from sale of bonds; cost of acquiring project.

The proceeds from the sale of any bonds issued under authority of this chapter shall be applied only for the purpose for which the bonds were issued; provided, however, that any premium and accrued interest received in any such sale shall be applied to the payment of the principal of or the interest on the bonds sold; and provided, further, that if for any reason any portion of the proceeds shall not be needed for the purpose for which the bonds were issued, such unneeded portion of the proceeds shall be applied to the payment of the principal of or the interest on the bonds. The cost of acquiring any project shall be deemed to include the following: The actual cost of the construction of any part of a project which may be constructed, including architects' and engineers' fees; the purchase price of any part of a project that may be acquired by purchase; all expenses in connection with the authorization, sale and issuance of the bonds to finance such acquisition; and the interest on the bonds for a reasonable time prior to construction, during construction, and for not exceeding one year after completion of the construction.
HISTORY: 1962 Code Section 14-399.29; 1967 (55) 120; 1980 Act No. 518, Section 10B.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 29 - Industrial Development Projects › Section 4-29-100. Payments from county or municipal general funds prohibited; use of lands owned by county or municipality; donations of property or money.

No county or incorporated municipality shall have the power to pay out of its general funds or otherwise contribute, any part of the costs of acquiring a project, except that lands owned by any county or incorporated municipality not required for any other public purpose, may be utilized to the extent required for a project, but under such circumstances the reasonable value of the lands shall be deemed a part of the cost of construction, and shall be paid out of the proceeds of the bonds to the general fund of the county or incorporated municipality. The determination by the governing board of the reasonable value of the land shall be conclusive but review of the determination may be instituted by any interested party within twenty days, but not afterwards, following the publication of notice of the determination in a newspaper of general circulation in each county in which the land is situated, by proceedings de novo in the court of common pleas of the county. The entire cost of acquiring any project shall be paid out of the proceeds from the sale of bonds issued under the authority of this chapter; provided, however, that this provision shall not be construed to prevent a county or incorporated municipality from accepting donations of property to be used as a part of any project or money to be used for defraying any part of the cost of any project.
HISTORY: 1962 Code Section 14-399.30; 1967 (55) 120; 1980 Act No. 518, Section 10B.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 29 - Industrial Development Projects › Section 4-29-110. Refunding bonds.

Any bonds issued hereunder and at any time outstanding may at any time and from time to time be refunded by a county or incorporated municipality, but only with the approval of the State Fiscal Accountability Authority being first obtained, by the issuance of its refunding bonds in such amount as the governing board may deem necessary but not exceeding an amount sufficient to refund the principal of the bonds to be refunded, together with any unpaid interest thereon and any premiums, expenses and commissions necessary to be paid in connection therewith. Any such refunding may be effected whether the bonds to be refunded have matured or shall thereafter mature, either by sale of the refunding bonds and the application of the proceeds for the payment of the bonds to be refunded, or by exchange of the refunding bonds for the bonds to be refunded thereby; provided, that the holders of any bonds to be refunded shall not be compelled without their consent to surrender their bonds for payment or exchange prior to the date on which they are payable, or, if they are called for redemption, prior to the date on which they are by their terms subject to redemption. All refunding bonds issued under the authority of this chapter shall be payable in the same manner and under the same terms and conditions as are herein provided for the issuance of bonds. In addition to the powers herein granted for the issuance of refunding bonds the county boards may avail themselves of the provisions of Sections 11-21-10 to 11-21-80 (the Advanced Refunding Act).
HISTORY: 1962 Code Section 14-399.31; 1967 (55) 120; 1980 Act No. 518, Section 10B.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 29 - Industrial Development Projects › Section 4-29-120. Bonds deemed to be legal investments.

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: 1962 Code Section 14-399.32; 1967 (55) 120; 1980 Act No. 518, Section 10B.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 29 - Industrial Development Projects › Section 4-29-130. Bonds, income from bonds, security agreements, financing agreements, and projects exempt from certain taxes.

The bonds authorized by this chapter and the income therefrom, all security agreements executed as security therefor, all financing agreements made pursuant to the provisions hereof, and all projects so long as county or municipalities owned and the revenue derived from any financing agreement shall be exempt from all taxation in the State of South Carolina except for inheritance, estate or transfer taxes; and all security agreements and financing agreements made pursuant to the provisions of this chapter shall be exempt from South Carolina stamp and transfer taxes.
HISTORY: 1962 Code Section 14-399.33; 1967 (55) 120; 1980 Act No. 518, Section 10B.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 29 - Industrial Development Projects › Section 4-29-140. Fiscal Accountability Authority shall approve proposal of governing board; petition shall be filed; investigation; notice of approval; challenging validity of approval.

(A) No bonds may be issued pursuant to the provisions of this chapter until the proposal of the governing board to issue the bonds receives the approval of the State Fiscal Accountability Authority. Whenever a governing board proposes to issue bonds pursuant to the provisions of this chapter, it shall file its petition with the State Fiscal Accountability Authority setting forth:
(1) a brief description of the project proposed to be undertaken and its anticipated effect upon the economy of the county or incorporated municipality in which the project is to be located and of the areas adjacent to it;
(2) a reasonable estimate of the cost of the project;
(3) a general summary of the terms and conditions of the financing agreement and security agreement to be made, including a statement establishing the basis for the payment of sums in lieu of taxes as required by Section 4-29-60; and
(4) such other information as the State Fiscal Accountability Authority requires.
Upon the filing of the petition the State Fiscal Accountability Authority, as soon as practicable, shall conduct such review as it considers advisable, and if it finds that the proposal of the governing board is intended to promote the purposes of this chapter, it is authorized to approve the proposal. At any time following the approval, the governing board may proceed with the acquisition and financing of the project in accordance with the proposal as approved by the State Fiscal Accountability Authority. Notice of the approval of a proposal by the State Fiscal Accountability Authority must be published at least once by the State Fiscal Accountability Authority in a newspaper having general circulation in the county where the project is to be located.
(B) Any interested party, within twenty days after the date of the publication of the notice, but not afterwards, may challenge the validity of the approval by action de novo in the court of common pleas in the county where the project is to be located.
HISTORY: 1962 Code Section 14-399.34; 1967 (55) 120; 1980 Act No. 518, Section 10B; 1994 Act No. 426, Section 1, eff May 27, 1994.
Effect of Amendment
The 1994 amendment organized this section into lettered and numbered subsections and paragraphs; in subsection (A) added paragraph (4) reading "such other information as the state board requires"; in subsection (B) deleted "and is reasonably anticipated to effect such result" following "intended to promote the purposes of this chapter"; and made grammatical changes.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 29 - Industrial Development Projects › Section 4-29-150. Chapter provisions are cumulative; governing board may act at regular or special meeting without notice of proceedings.

Neither this chapter nor anything herein contained shall be construed as a restriction or limitation upon any powers which a county or incorporated municipality might otherwise have under any laws of this State, but shall be construed as cumulative. Subject to the limitations and requirements of Chapter 9, Title 4, of the 1976 Code, the authorizations herein granted may be carried out by any governing board acting at any regular or special meeting and without publication of the proceedings, notwithstanding any restriction, limitation, or other procedure, imposed upon the governing board by any other statute.
HISTORY: 1962 Code Section 14-399.35; 1967 (55) 120; 1980 Act No. 518, Section 10B.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 31 - Joint County Economic Opportunity Commissions › Section 4-31-20. Commission deemed to be body politic and corporate.

The Commission is hereby declared to be a body politic and corporate and shall exercise and enjoy all the rights and privileges of such.
HISTORY: 1962 Code Section 14-692; 1966 (54) 2045.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 31 - Joint County Economic Opportunity Commissions › Section 4-31-30. Membership; appointment and qualifications; meetings; members shall serve without compensation.

The Commission shall be composed of thirty members, twenty of whom shall be residents of Newberry County and ten of whom shall be residents of Saluda County, who shall be appointed by the Governor upon the recommendation of the Newberry and Saluda legislative delegations. The Commission shall have at least two meetings each year. The members of the Commission shall serve without compensation.
HISTORY: 1962 Code Section 14-693; 1966 (54) 2045.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 31 - Joint County Economic Opportunity Commissions › Section 4-31-40. Terms of office; vacancies; present members of Newberry and Saluda Commissions shall continue to serve.

The terms of office of the members of the Commission shall be for two years or until their successors are appointed and qualify. In the event of a vacancy in the membership of the Commission, a successor for the unexpired portion of the term shall be appointed in the same manner as his predecessor. Of the initial appointees, fifteen shall serve for one year. Present members of the Newberry County and Saluda County Economic Opportunity Commission shall continue to serve until the expiration of their terms.
HISTORY: 1962 Code Section 14-694; 1966 (54) 2045.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 31 - Joint County Economic Opportunity Commissions › Section 4-31-50. Officers; record of members.

Immediately upon the appointment of the Commission, it shall organize by electing one of its members as chairman, two as vice-chairmen, one from Saluda County and one from Newberry County, and a fourth as secretary and treasurer. The Commission shall file a record of its members in the offices of the clerks of court for Newberry and Saluda Counties.
HISTORY: 1962 Code Section 14-695; 1966 (54) 2045.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 31 - Joint County Economic Opportunity Commissions › Section 4-31-60. Powers and duties.

The Commission shall be responsible for the improvement of communication and cooperation among existing and future programs and the administration of one or more new programs designed to improve the health, education, welfare, housing or employment of the residents of Newberry and Saluda Counties. To this end the Commission shall be empowered as follows:
(a) To sue and be sued;
(b) To adopt, use and alter a corporate seal;
(c) To make bylaws for the management and regulation of its affairs;
(d) To appoint agents, employees and servants, to prescribe their duties, to fix their compensation, to determine if and to what extent they shall be bonded for the faithful performance of their duties;
(e) To undertake the improvement of communication and cooperation among existing and future programs administered by Federal, State, county and municipal governmental agencies and private nonprofit organizations designed to improve the health, education, welfare, housing or employment of the counties' residents and, with the consent of such agencies and organizations, to coordinate same;
(f) To enter into contracts and agreements for performance of its programs and duties with Federal, State, county and municipal governmental agencies and subdivisions thereof, and private nonprofit organizations;
(g) To accept and receive funds for the performance of its duties in the administration of its programs from such governmental agencies and subdivisions thereof and private nonprofit organizations, as well as any other sources;
(h) To designate, at its first meeting in each calendar year but not later than January thirty-first, from its membership an executive committee who shall have power to interview and employ staff personnel. This committee shall meet once a month or as often as may be necessary;
(i) To maintain adequate accounts and records of its activities, receipts and expenses in conformance with requirements of any contract or agreement with any Federal, State, county or municipal governmental agency, or subdivision thereof, or any private nonprofit organization; and
(j) To acquire, own or hold in trust, preserve, restore, maintain or lease property, facilities and equipment reasonably necessary for the performance of its duties and the administration of its programs.
HISTORY: 1962 Code Section 14-696; 1966 (54) 2045.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 31 - Joint County Economic Opportunity Commissions › Section 4-31-70. Commission property exempt from certain taxes.

All property of the Commission shall be exempt from all ad valorem taxes levied by Newberry and Saluda Counties or any municipality therein, or any division, subdivision or agency thereof, directly or indirectly.
HISTORY: 1962 Code Section 14-697; 1966 (54) 2045.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 31 - Joint County Economic Opportunity Commissions › Section 4-31-80. Conduct of affairs; fiscal year; audit.

The Commission shall conduct its affairs on the fiscal year basis employed by Newberry and Saluda Counties. As shortly after the close of its fiscal year as may be practicable an audit of its affairs shall be made by a certified public accountant in good standing, to be designated by the Commission. Copies of such audit, incorporated into an annual report of the Commission, shall be filed with the Newberry and Saluda legislative delegations.
HISTORY: 1962 Code Section 14-698; 1966 (54) 2045.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 31 - Joint County Economic Opportunity Commissions › Section 4-31-90. Amendment or rescission of article.

The right to alter, amend or rescind this article is hereby expressly reserved and disclosed, but no such amendment or repeal shall operate to impair the operation of any contract otherwise made by the authority pursuant to any power conferred by this article.
HISTORY: 1962 Code Section 14-699; 1966 (54) 2045.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 31 - Joint County Economic Opportunity Commissions › Section 4-31-100. When action may be taken.

Any action required of the Commission may be taken at any regular or special meeting, and at such meeting a majority of the members shall constitute a quorum.
HISTORY: 1962 Code Section 14-700; 1966 (54) 2045.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 31 - Joint County Economic Opportunity Commissions › Section 4-31-320. Commission deemed to be body politic and corporate.

The Commission is hereby declared to be a body politic and corporate and shall exercise and enjoy all the rights and privileges of such.
HISTORY: 1962 Code Section 14-700.12; 1973 (58) 150.