reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-4840. Cooperative use of supplies or services.

Any public procurement unit may enter into an agreement independent of the requirements of Articles 5 and 15 of this chapter with any other public procurement unit for the cooperative use of supplies, services, or information technology under the terms agreed upon between the parties; provided, that such cooperative use of supplies, services, or information technology shall take place only when the public procurement units have good reason to expect the cooperative use to be more cost effective than utilizing their own supplies and services.
HISTORY: 1981 Act No. 148, Section 1; 1982 Act No. 431, Section 3; 1997 Act No. 153, Section 1; 2019 Act No. 41 (S.530), Section 68, eff May 13, 2019.
Editor's Note
2019 Act No. 41, Section 80, provides as follows:
"SECTION 80. This act takes effect upon approval by the Governor and applies to solicitations issued after that date."
Effect of Amendment
2019 Act No. 41, Section 68, substituted "independent of" for "in accordance with", deleted "or external procurement activity" following "public procurement unit", and substituted ", services, or information technology" for "or services" in two places.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-4850. Joint use of facilities.

Any public procurement unit may enter into agreements for the common use or lease of warehousing facilities, capital equipment, and other facilities with another public procurement unit or an external procurement activity under the terms agreed upon between the parties.
HISTORY: 1981 Act No. 148, Section 1; 1997 Act No. 153, Section 1.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-4860. Supply of personnel, information, and technical services.

(1) Supply of Personnel. Any public procurement unit is authorized, in its discretion, upon written request from another public procurement unit or external procurement activity, to provide personnel services to the requesting public procurement unit or external procurement activity with or without pay by the recipient governmental unit as may be agreed upon by the parties involved.
(2) Supply of Services. The informational, technical, and other services of any public procurement unit may be made available to any other public procurement unit or external procurement activity provided, that the requirements of the public procurement unit tendering the services shall have precedence over the requesting public procurement unit or external procurement activity. The payment shall be in accordance with an agreement between the parties.
(3) State Information Services. Upon request, the chief procurement officers may make available to public procurement units or external procurement activities the following services among others:
(a) standard forms;
(b) printed manuals;
(c) product specifications and standards;
(d) quality assurance testing services and methods;
(e) qualified product lists;
(f) source information;
(g) common use commodities listings;
(h) supplier prequalification information;
(i) supplier performance ratings;
(j) debarred and suspended bidders lists;
(k) forms for invitations for bids, requests for proposals, instruction to bidders, general contract provisions and other contract forms;
(l) contracts; or
(m) published summaries of contracts, including price and time of delivery information.
(4) State Technical Services. The State, through the chief procurement officers, may provide the following technical services among others:
(a) development of products specifications;
(b) development of quality assurance test methods, including receiving, inspection, and acceptance procedures;
(c) use of product testing and inspection facilities;
(d) use of personnel training programs.
(5) Fees. The chief procurement officers may enter into contractual arrangements and publish a schedule of fees for the services provided under subsections (3) and (4) of this section. All proceeds from the sale of such services must be deposited in the State Treasury in a special account and expended only for the costs of providing the goods and services, and such funds may be retained and expended for the same purposes.
HISTORY: 1981 Act No. 148, Section 1; 1997 Act No. 153; 2019 Act No. 41 (S.530), Section 69, eff May 13, 2019.
Editor's Note
2019 Act No. 41, Section 80, provides as follows:
"SECTION 80. This act takes effect upon approval by the Governor and applies to solicitations issued after that date."
Effect of Amendment
2019 Act No. 41, Section 69, in (3), rewrote (l) and added (m); and in (5), added the third sentence.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-4870. Use of payments received by a supplying public procurement unit.

All payments from any public procurement unit or external procurement activity received by the Division of Procurement Services in connection with sponsoring or administering a cooperative purchase, must be deposited in the State Treasury in a special account and expended only for the costs of providing the goods and services, and such funds may be retained and expended for the same purposes.
HISTORY: 1981 Act No. 148, Section 1; 1997 Act No. 153, Section 1; 2019 Act No. 41 (S.530), Section 70, eff May 13, 2019.
Editor's Note
2019 Act No. 41, Section 80, provides as follows:
"SECTION 80. This act takes effect upon approval by the Governor and applies to solicitations issued after that date."
Effect of Amendment
2019 Act No. 41, Section 70, rewrote the section, providing that certain payments must be deposited in a special revenue account.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-4880. Public procurement units in compliance with code requirements.

Where the public procurement unit administering a cooperative purchase complies with the requirements of this code, any public procurement unit participating in such a purchase shall be deemed to have complied with this code. Public procurement units shall not enter into a cooperative purchasing agreement for the purpose of circumventing this code.
HISTORY: 1981 Act No. 148, Section 1; 1997 Act No. 153, Section 1; 2019 Act No. 41 (S.530), Section 71, eff May 13, 2019.
Editor's Note
2019 Act No. 41, Section 80, provides as follows:
"SECTION 80. This act takes effect upon approval by the Governor and applies to solicitations issued after that date."
Effect of Amendment
2019 Act No. 41, Section 71, in the first sentence, deleted "or external procurement activity" following "Where the public procurement unit".
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-4890. Review of procurement requirement.

To the extent possible, the chief procurement officers may collect information concerning the type, cost, quality, and quantity of commonly used supplies, services, or construction being procured or used by local public procurement units, which shall be required to respond appropriately as a precondition for participation in state contracts as governed by regulations promulgated by the board. The chief procurement officers shall make available all such information to any public procurement unit upon request.
HISTORY: 1981 Act No. 148, Section 1; 1997 Act No. 153, Section 1.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-4900. Intergovernmental acquisitions.

(1) Any procurement by a governmental body from any other public procurement unit must be approved in advance of contracting by the applicable chief procurement officer unless either the supply, service, or information technology is expressly authorized by the enabling legislation of the governmental body supplying the item, or the board has exempted the type of procurement from such approval. Upon recommendation of the division, the board may establish criteria for approval. Absent approval, any procurement by a governmental body from any other public procurement unit must be in accordance with the other articles of this code.
(2) Any procurement by a governmental body from any other public procurement unit must be reported to the Division of Procurement Services quarterly. The division shall determine the means and content of the information to be reported. The division shall report to the board annually on such procurements.
HISTORY: 2019 Act No. 41 (S.530), Section 72, eff May 13, 2019.
Editor's Note
2019 Act No. 41, Section 80, provides as follows:
"SECTION 80. This act takes effect upon approval by the Governor and applies to solicitations issued after that date."
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-5010. Definitions of terms used in this article.

The board may promulgate regulations establishing detailed definitions of the following terms using, in addition to the criteria set forth in this section, such other criteria as it may deem desirable.
(1) "Minority person" for the purpose of this article, means a United States citizen who is economically and socially disadvantaged.
(a) "Socially disadvantaged individuals" means those individuals who have been subject to racial or ethnic prejudice or cultural bias because of their identification as members of a certain group, without regard to their individual qualities. Such groups include, but are not limited to, Black Americans, Hispanic Americans, Native Americans (including American Indians, Eskimos, Aleuts and Native Hawaiians), Asian Pacific Americans, and other minorities to be designated by the board or designated agency.
(b) "Economically disadvantaged individuals" means those socially disadvantaged individuals whose ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities as compared to others in the same business area who are not socially disadvantaged.
(2) A "socially and economically disadvantaged small business" means any small business concern which:
(a) is at least fifty-one percent owned by one or more citizens of the United States who are determined to be socially and economically disadvantaged.
(b) in the case of a concern which is a corporation, fifty-one percent of all classes of voting stock of such corporation must be owned by an individual determined to be socially and economically disadvantaged.
(c) in the case of a concern which is a partnership, fifty-one percent of the partnership interest must be owned by an individual or individuals determined to be socially and economically disadvantaged and whose management and daily business operations are controlled by individuals determined to be socially and economically disadvantaged. Such individuals must be involved in the daily management and operations of the business concerned.
HISTORY: 1981 Act No. 148, Section 1; 1997 Act No. 153, Section 1.
Subarticle 3
Assistance to Minority Businesses
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-5210. Statement of policy and its implementation.

(1) Statement of Policy. The South Carolina General Assembly declares that business firms owned and operated by minority persons have been historically restricted from full participation in our free enterprise system to a degree disproportionate to other businesses. The General Assembly believes that it is in the state's best interest to assist minority-owned businesses to develop fully as a part of the state's policies and programs which are designed to promote balanced economic and community growth throughout the State. The General Assembly, therefore, wishes to ensure that those businesses owned and operated by minorities are afforded the opportunity to fully participate in the overall procurement process of the State. The General Assembly, therefore, takes this leadership role in setting procedures that will result in awarding contracts and subcontracts to minority business firms in order to enhance minority capital ownership, overall state economic development and reduce dependency on the part of minorities.
(2) Implementation. Chief procurement officers shall implement the policy set forth in subsection (1) of this section in accordance with the provisions of Section 11-35-5220.
HISTORY: 1981 Act No. 148, Section 1; 1997 Act No. 153, Section 1.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-5220. Duties of the chief procurement officers.

(1) Assistance from the Chief Procurement Officers. The chief procurement officers shall provide appropriate staffs to assist minority businesses with the procurement procedures developed pursuant to this code.
(2) Special Publications. The chief procurement officers in cooperation with other appropriate private and state agencies may issue supplementary instructions designed to assist minority businesses with the state procurement procedures.
(3) Source Lists. Chief procurement officers shall maintain special source lists of minority business firms detailing the products and services which they provide. These lists shall be made available to agency purchasing personnel.
(4) Solicitation Mailing Lists. The chief procurement officers shall include and identify minority business on the state's bidders' list and shall ensure that these firms are solicited on an equal basis within nonminority firms.
(5) Training Programs. The chief procurement officers shall work with appropriate state offices and minority groups in conducting seminars to assist minority business owners in learning how to do business with the State.
(6) Fee Waivers. Upon request by an MBE certified by the Small and Minority Business Assistance Office, user or subscription fees for services provided by the chief procurement officers may be waived for an MBE.
HISTORY: 1981 Act No. 148, Section 1; 1997 Act No. 153, Section 1; 2006 Act No. 376, Section 57.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-5230. Regulations for negotiation with state minority firms.

(A) The board shall promulgate regulations that designate such procurement contracts as it may deem appropriate for negotiation with certified, South Carolina-based minority firms, as defined by this subarticle. Among the criteria that shall be used to determine such designations are:
(1) The total dollar value of procurement in South Carolina.
(2) The availability of South Carolina-based minority firms.
(3) The potential for breaking the contracts into smaller units, where necessary, to accommodate such firms.
(4) Insuring that the State shall not be required to sacrifice quality of goods or services.
(5) Ensuring that the price has been determined to be fair and reasonable, and competitive both to the State and to the contractor.
(B)(1) Firms with state contracts that subcontract with minority firms shall be eligible for an income tax credit equal to four percent of the payments to minority subcontractors for work pursuant to a state contract. Such subcontractors must be certified as to the criteria of a minority firm as defined in Section 11-35-5010 of this code and any regulations which may be promulgated thereunder.
(2) The tax credit is limited to a maximum of fifty thousand dollars annually. A firm is eligible to claim a tax credit for a period of ten years from the date the first income tax credit is claimed.
(3) Any firm desiring to be certified as a minority firm shall make application to the Small and Minority Business Assistance Office (SMBAO) as defined by Section 11-35-5270, on such forms as may be prescribed by that office.
(4) Firms claiming the income tax credit shall maintain evidence of work performed for a state contract by minority subcontractors and shall present such evidence on a form and in a manner prescribed by the Department of Revenue at the time of filing its state income tax return and claim such credit at the time of filing. All records shall be available for audit by the Department of Revenue in accordance with prevailing tax statutes.
HISTORY: 1981 Act No. 148, Section 1; 1993 Act No. 181, Section 96; 1995 Act No. 76, Section 8; 1997 Act No. 153, Section 1; 2006 Act No. 376, Section 58.
Editor's Note
1995 Act No. 76, Section 25, provides as follows:
"Upon approval by the Governor, this act is effective for taxable years beginning after 1995."
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-5240. Minority business enterprise (MBE) Utilization Plan.

(1) To emphasize the use of minority small businesses, each agency director shall develop a Minority Business Enterprise (MBE) Utilization Plan. The MBE Utilization Plan must include, but not be limited to:
(a) the name of the governmental body;
(b) a policy statement expressing a commitment by the governmental body to use MBEs in all aspects of procurement;
(c) the name of the coordinator responsible for monitoring the MBE Utilization Plan;
(d) goals that include expending with Minority Business Enterprises certified by the Office of Small and Minority Business Assistance an amount equal to ten percent of each governmental body's total dollar amount of funds expended;
(e) solicitation of certified minority vendors, a current list of which must be supplied by the Office of Small and Minority Business Assistance, in each commodity category for which the minority vendor is qualified. The current listing of qualified minority vendors must be made available by the Office of Small and Minority Business Assistance on a timely basis;
(f) procedures to be used when it is necessary to divide total project requirements into smaller tasks which will permit increased MBE participation;
(g) procedures to be used when the governmental body subcontracts the scope of service to another governmental body; the responsible governmental body may set goals for the subcontractor in accordance with the MBE goal and the responsible governmental body may allow the subcontractor to present a MBE Utilization Plan detailing its procedure to obtain minority business enterprise participation.
(2) MBE utilization plans must be submitted to the SMBAO for approval no later than July thirtieth, annually. Upon petition by the governmental body, SMBAO may authorize an MBE utilization plan that establishes a goal of less than ten percent of the governmental body's total dollar amount of funds expended. Progress reports must be submitted to the SMBAO no later than thirty days after the end of each fiscal quarter and contain the following information:
(a) number of minority firms solicited;
(b) number of minority bids received;
(c) total dollar amount of funds expended on contracts awarded to minority firms certified pursuant to Section 11-35-5230; and
(d) total dollar amount of funds expended.
(3) For purposes of this section, and notwithstanding the Administrative Procedures Act, the executive director of the board shall establish a definition for the phrase "total dollar amount of funds expended".
HISTORY: 1981 Act No. 148, Section 1; 1997 Act No. 153, Section 1; 2006 Act No. 376, Section 59.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-5250. Progress payments and letters of credit.

(1) Progress Payments. The chief procurement officers may make special provisions for progress payments and letters of credit, as deemed reasonable to assist minority businesses to carry out the terms of a state contract pursuant to regulations which may be promulgated by the board.
(2) Letter of Contract Award. When a minority business firm certified by the Department of Revenue receives a contract with the State, the appropriate chief procurement officer shall furnish a letter, upon request, stating the dollar value and duration of, and other information about the contract, which may be used by the minority firm in negotiating lines of credit with lending institutions.
HISTORY: 1981 Act No. 148, Section 1; 1993 Act No. 181, Section 97; 1997 Act No. 153, Section 1.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-5260. Reports of number and dollar value of contracts awarded to minority firms.

The Small and Minority Business Assistance Office shall report annually in writing to the Governor concerning the number and dollar value of contracts awarded for each governmental body to a firm certified as a minority firm pursuant to Section 11-35-5230 during the preceding fiscal year. These records must be maintained to evaluate the progress of this program.
HISTORY: 1981 Act No. 148, Section 1; 1995 Act No. 145, Part II, Section 15; 1997 Act No. 153, Section 1; 2006 Act No. 376, Section 60.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-5270. Division of Small and Minority Business Contracting and Certification.

The Division of Small and Minority Business Contracting and Certification must be established within the Department of Administration to assist the Department of Administration and the Department of Revenue in carrying out the intent of this article. The responsibilities of the division include, but are not limited to, the following:
(1) assisting the chief procurement officers and governmental bodies in developing policies and procedures which will facilitate awarding contracts to small and minority firms;
(2) assisting the chief procurement officers in aiding small and minority-owned firms and community-based business in developing organizations to provide technical assistance to minority firms;
(3) assisting with the procurement and management training for small and minority firm owners;
(4) assisting in the identification of responsive small and minority firms;
(5) receiving and processing applications to be registered as a minority firm in accordance with Section 11-35-5230(B);
(6) revoking the certification of any firm that has been found to have engaged in any of the following:
(a) fraud or deceit in obtaining the certification;
(b) furnishing of substantially inaccurate or incomplete information concerning ownership or financial status;
(c) failure to report changes which affect the requirements for certification;
(d) gross negligence, incompetence, financial irresponsibility, or misconduct in the practice of his business; or
(e) wilful violation of any provision of this article.
(7) After a period of one year, the division may reissue a certificate of eligibility provided acceptable evidence has been presented to the commission that the conditions which caused the revocation have been corrected.
HISTORY: 1981 Act No. 148, Section 1; 1993 Act No. 181, Section 98; 1997 Act No. 153, Section 1; 2006 Act No. 376, Section 61; 2014 Act No. 121 (S.22), Pt V, Section 7.V, eff July 1, 2015.
Effect of Amendment
2014 Act No. 121, Section 7.V, rewrote the section.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-5300. Prohibition of contracting with discriminatory business.

(A) A public entity may not enter into a contract with a business to acquire or dispose of supplies, services, information technology, or construction unless the contract includes a representation that the business is not currently engaged in, and an agreement that the business will not engage in, the boycott of a person or an entity based in or doing business with a jurisdiction with whom South Carolina can enjoy open trade, as defined in this article.
(B) For purposes of this section:
(1) "Boycott" means to blacklist, divest from, or otherwise refuse to deal with a person or firm when the action is based on race, color, religion, gender, or national origin of the targeted person or entity. "Boycott" does not include:
(a) a decision based on business or economic reasons, or the specific conduct of a targeted person or firm;
(b) a boycott against a public entity of a foreign state when the boycott is applied in a nondiscriminatory manner; and
(c) conduct necessary to comply with applicable law in the business's home jurisdiction.
(2) "Public entity" means the State, or any political subdivision of the State, including a school district or agency, department, institution, or other public entity of them.
(3) A "jurisdiction with whom South Carolina can enjoy open trade" includes World Trade Organization members and those with which the United States has free trade or other agreements aimed at ensuring open and nondiscriminatory trade relations.
(C) This section does not apply if a business fails to meet the requirements of subsection (A) but offers to provide the goods or services for at least twenty percent less than the lowest certifying business. Also, this section does not apply to contracts with a total potential value of less than ten thousand dollars.
(D) Failure to comply with a provision of this section 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 1, 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 35 - South Carolina Consolidated Procurement Code › Section 11-35-5310. Surety bonds; public entity may not designate surety company.

If the State, or county, city, public service district, or other political subdivision of the State, or agency, department, institution, or other public entity of the State, enters into a procurement contract and requires the bidder to provide a surety bond to secure the bid or the performance or payment of the contract, the state political subdivision of the State, or public entity of the State may not exact that the surety bond be furnished by a particular surety company or through a particular agent or broker.
HISTORY: 2002 Act No. 253, Section 1. Formerly Code 1976 Section 11-35-35, recodified by 2019 Act No. 41, Section 79, eff May 13, 2019.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-5320. Political subdivisions required to develop and adopt procurement laws.

All political subdivisions of the State shall adopt ordinances or procedures embodying sound principles of appropriately competitive procurement no later than July 1, 1983. The State Fiscal Accountability Authority, in cooperation with the Procurement Policy Committee and subdivisions concerned, shall create a task force to draft model ordinances, regulations, and manuals for consideration by the political subdivisions. The expenses of the task force shall be funded by the General Assembly. The task force shall complete its work no later than January 1, 1982. A political subdivision's failure to adopt appropriate ordinances, procedures, or policies of procurement is not subject to the legal remedies provided in this code.
HISTORY: 1981 Act No. 148, Section 1; 1997 Act No. 153, Section 1. Formerly Code 1976 Section 11-35-50, recodified by 2019 Act No. 41, Section 79, eff May 13, 2019.
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 35 - South Carolina Consolidated Procurement Code › Section 11-35-5330. Purchase of goods or services from entity employing prison inmates of another state paid less than federal minimum wage prohibited.

A governmental body procuring goods or services under the Consolidated Procurement Code, and any agency or department of a political subdivision of this State procuring goods or services under the Consolidated Procurement Code or its own procurement code, may not accept any proposals from or procure any goods or services from an entity which employs or uses inmates of a correctional system of another state who are not paid at least the required federal minimum wage for work performed in the manufacturing, processing, or supplying of those goods or services.
HISTORY: 1991 Act No. 171, Part II, Section 67; 1997 Act No. 153, Section 1. Formerly Code 1976 Section 11-35-55, recodified by 2019 Act No. 41, Section 79, eff May 13, 2019.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-5340. School district subject to consolidated procurement code; exemptions.

Irrespective of the source of funds, any school district whose budget of total expenditures, including debt service, exceeds seventy-five million dollars annually is subject to the provisions of Chapter 35, Title 11, and shall notify the Director of the Division of Procurement Services of the State Fiscal Accountability Authority of its expenditures within ninety days after the close of its fiscal year. However, if a district has its own procurement code which is, in the written opinion of the Division of Procurement Services of the State Fiscal Accountability Authority, substantially similar to the provisions of the South Carolina Consolidated Procurement Code, the district is exempt from the provisions of the South Carolina Consolidated Procurement Code except for a procurement audit which must be performed every three years by an audit firm approved by the Division of Procurement Services. Costs associated with the internal review and audits are the responsibility of the school district and will be paid to the entity performing the audit.
HISTORY: 1984 Act No. 493; 1985 Act No. 109, Section 1; 1993 Act No. 178, Section 13; 1997 Act No. 153, Section 1. Formerly Code 1976 Section 11-35-70, amended and recodified by 2019 Act No. 41 (S.530), Sections 4 and 79, eff May 13, 2019.
Code Commissioner's Note
At the direction of the Code Commissioner, references in this section to the "Budget and Control Board", the "State Budget and Control Board" or the "board" were changed to the "State Fiscal Accountability Authority", the "authority", or the "Division of Procurement Services" of the "State Fiscal Accountability Authority", pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(B), effective July 1, 2015.
Editor's Note
2019 Act No. 41, Section 80, provides as follows:
"SECTION 80. This act takes effect upon approval by the Governor and applies to solicitations issued after that date."
Effect of Amendment
2019 Act No. 41, Section 4, in the first sentence, substituted "Director of the Division of Procurement Services" for "Director of the Office of General Services", and in the second sentence, substituted "Division of Procurement Services" for "Office of General Services" in two places.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 37 - South Carolina Resources Authority Act › Section 11-37-20. Definitions.

As used in this chapter, unless a different meaning clearly appears from the context:
(1) "Authority" means the South Carolina Resources Authority.
(2) "Bonds" means any bonds, notes, debentures, interim certificates, bond, grant or revenue anticipation notes, or any other evidence of indebtedness of the authority.
(3) "Capital reserve fund" means any reserve fund created and established by the authority pursuant to this chapter.
(4) "Cost" as applied to any project financed under the provisions of this chapter means the total of all costs incurred by the local government in carrying out all works and undertakings necessary or incidental to the accomplishment of any project. It includes, without limitation, all necessary developmental, planning and feasibility studies, surveys, plans and specifications, architectural, engineering, financial, legal, or other special services, the cost of acquisition of land and any buildings and improvements on the land, including the discharge of any obligations of the sellers of the land, buildings or improvements, site preparation and development, including demolition or removal of existing structures, construction and reconstruction, labor, materials, machinery and equipment, the reasonable costs of financing incurred by the local government in the course of the development of the project, carrying charges incurred before placing the project in service, interest on local obligations issued to finance the project to a date subsequent to the estimated date the project is to be placed in service, necessary expenses incurred in connection with placing the project in service, the funding of accounts and reserves which the authority may require, and the cost of other items which the authority determines to be reasonable and necessary.
(5) "Local government" means any county, municipality, special purpose or special service district, or Commission of Public Works of the State and any private eleemosynary water companies, private eleemosynary sewer companies, and private eleemosynary companies which provide both water and sewer services.
(6) "Local obligations" means any bonds, notes, debentures, interim certificates, bond, grant, or revenue anticipation notes, or any other evidences of indebtedness of a local government.
(7) "Project" means any water supply, sewer system, sewage, wastewater treatment facility, or any other project hereafter committed to the authority by subsequent enactment of the General Assembly.
(8) "Reserve fund requirement" means, as of any particular date of computation, the amount of money designated as the minimum capital reserve fund requirement as established by the resolution of the authority authorizing the issuance of or by the trust indenture securing any issue of bonds.
HISTORY: 1988 Act No. 682, Section 2.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 37 - South Carolina Resources Authority Act › Section 11-37-30. South Carolina Resources Authority created.

There is created a body politic and corporate known as the South Carolina Resources Authority. The authority is declared to be a public instrumentality of the State and the exercise by it of any power conferred in this chapter is the performance of an essential public function. The authority consists of the members of the State Fiscal Accountability Authority.
HISTORY: 1988 Act No. 682, Section 2; 2014 Act No. 121 (S.22), Pt VII, Section 20.E, eff July 1, 2015.
Effect of Amendment
2014 Act No. 121, Section 20.E, substituted "Fiscal Accountability Authority" for "Budget and Control Board".
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 37 - South Carolina Resources Authority Act › Section 11-37-45. Funds; transfer of personnel.

The authority may receive funds from whatever source to use for the operation of the authority, but it may not receive funds appropriated specifically for the authority after July 1, 1989. Nothing in this section prohibits the transfer of personnel to the authority from other state agencies.
HISTORY: 1988 Act No. 682, Section 2.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 37 - South Carolina Resources Authority Act › Section 11-37-60. Authority only to issue refunding bonds; maximum amount of bonds.

The authority may issue bonds only for the purpose of refunding bonds of the authority issued before December 31, 1992, or for the purpose of refunding these refunding bonds. The total principal amount of bonds of the authority outstanding at any one time may not exceed the sum of sixty million dollars.
HISTORY: 1988 Act No. 682, Section 2; 1994 Act No. 525, Section 3.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 37 - South Carolina Resources Authority Act › Section 11-37-80. Bonds may be secured by pledge.

The authority may pledge any of its revenue or funds to the payment of its bonds, subject only to any prior agreements with the holders of particular bonds which may have pledged specific money or revenue. Bonds may be secured by a pledge of any local obligation owned by the authority, any grant, contribution, or guaranty from the United States, the State, or any corporation, association, institution, or person, any other property or assets of the authority, or a pledge of any money, income, or revenue of the authority from any source.
HISTORY: 1988 Act No. 682, Section 2.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 37 - South Carolina Resources Authority Act › Section 11-37-90. Bonds as debt of authority only.

Bonds issued by the authority do not constitute a debt or a pledge of the faith and credit of the State of South Carolina, or any of its political subdivisions other than the authority, but are payable solely from the revenue, money, or property of the authority as provided for in this chapter. The bonds issued do not constitute an indebtedness of the State within the meaning of any state constitutional or statutory limitation. No member of the authority or any person executing bonds of the authority is liable personally on the bonds by reason of their issuance or execution. Each bond issued under this chapter must contain on its face a statement to the effect that:
(1) neither the State, nor any of its political subdivisions, nor the authority is obligated to pay the principal of or interest on the bond or other costs incident to the bond except from the revenue, money, or property of the authority pledged;
(2) neither the faith and credit nor the taxing power of the State, or any of its political subdivisions, is pledged to the payment of the principal of or interest on the bond;
(3) the authority does not have taxing power.
HISTORY: 1988 Act No. 682, Section 2.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 37 - South Carolina Resources Authority Act › Section 11-37-100. Bonds to be authorized by resolution of authority.

The bonds of the authority must be authorized by a resolution of the authority. The bonds must bear the date and mature at the time which the resolution provides, except that no bond may mature more than thirty years from its date of issue. The bonds may be in the denominations, be executed in the manner, be payable in the medium of payment, be payable at the place and at the time, and be subject to redemption or repurchase and contain other provisions determined by the authority prior to their issuance. The bonds may bear interest payable at a time and at a rate as determined by the authority pursuant to the provisions of Section 11-9-350, including the determination by agents designated by the authority under guidelines established by it. Bonds may be sold by the authority at public or private sale at the price it determines and approves.
The State Treasurer shall issue the bonds of the authority not later than sixty days upon the resolution of the authority authorizing the issuance of the bonds. The authority must only issue bonds for those projects recommended to the authority by the Water Resources Coordinating Council as established in Section 11-37-200.
HISTORY: 1988 Act No. 682, Section 2.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 37 - South Carolina Resources Authority Act › Section 11-37-105. Jobs Economic Development Authority to be reimbursed for expenses.

In addition to the amount of bonds authorized by the authority, the State Treasurer shall include in the bond issue any fees and costs incurred by the Jobs Economic Development Authority to receive, research, investigate, and process any applications for projects not to exceed one hundred thousand dollars in any one fiscal year. The Jobs Economic Development Authority shall submit quarterly requests for reimbursement by the authority for costs incurred.
HISTORY: 1988 Act No. 682, Section 2.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 37 - South Carolina Resources Authority Act › Section 11-37-120. Validity of lien of pledge; recording or filing not required.

Any pledge made by the authority is valid and binding from the time the pledge is made. The revenue, money, or property pledged and thereafter received by the authority is immediately subject to the lien of the pledge without any physical delivery or further act. The lien of any pledge is valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the authority, irrespective of whether the parties have notice of the pledge. No recording or filing of the resolution authorizing the issuance of bonds, the trust indenture securing bonds, or any other instrument including filings under the Uniform Commercial Code is necessary to create or perfect any pledge or security interest granted by the authority to secure any bonds, but the record of the proceedings relative to the issuance of any bonds must be filed as prescribed by Section 11-15-20.
HISTORY: 1988 Act No. 682, Section 2.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 37 - South Carolina Resources Authority Act › Section 11-37-130. Purchase of outstanding bonds.

The authority, subject to agreements with bondholders as may then exist, may purchase outstanding bonds of the authority with any available funds, at any reasonable price. If the bonds are then redeemable, the price shall not exceed the redemption price then applicable plus accrued interest to the next interest payment date.
HISTORY: 1988 Act No. 682, Section 2.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 37 - South Carolina Resources Authority Act › Section 11-37-150. Signatures of former members or officers of authority.

In the event that any of the members or officers of the authority cease to be members before the delivery of any bonds signed by them, their signatures or authorized facsimile signatures are nevertheless valid and sufficient for all purposes as if they had remained in office until the delivery of the bonds.
HISTORY: 1988 Act No. 682, Section 2.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 37 - South Carolina Resources Authority Act › Section 11-37-160. Amendments to chapter may not limit vested rights.

Subsequent amendments to this chapter may not limit the rights vested in the authority with respect to any agreements made with, or remedies available to, the holders of bonds issued under this chapter before the enactment of the amendments until the bonds, with all premiums and interest on them, and all costs and expenses in connection with any proceeding by or on behalf of the holders, are fully met and discharged.
HISTORY: 1988 Act No. 682, Section 2.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 37 - South Carolina Resources Authority Act › Section 11-37-170. Capital reserve funds.

(A)(1) The authority may create and establish one or more capital reserve funds and may pay into each capital reserve fund any:
(a) monies appropriated and made available by the State for the purpose of such a fund;
(b) proceeds of the sale of bonds of the authority to the extent provided in the resolution authorizing the issuance of, or the trust indenture securing, the bonds; and
(c) other monies which may be made available to the authority for the purpose of such a fund from any other source. All monies held in any capital reserve fund, except as provided in this chapter, must be used solely for the payment, when due, of the principal of, and interest on the bonds secured in whole or in part by such a fund. If monies in any such fund are less than the reserve fund requirement established upon the issuance of any bonds for the fund, the authority may not use the monies for any optional purchase or redemption of bonds until the reserve fund requirement is fully restored. Any income or interest earned on, or increment to, any capital reserve fund due to its investment may be transferred by the authority to its other funds or accounts if it does not reduce the amount in the capital reserve fund below the reserve fund requirement.
(2) The authority may not at any time issue bonds secured in whole or in part by any capital reserve fund, if upon the issuance, the amount in the capital reserve fund is less than the reserve fund requirement unless it, at the time of issuance of the bonds, deposits in the fund an amount which, together with the amount then in the fund, is not less than the fund's reserve fund requirement.
(B) The authority may create and establish other funds as necessary or desirable for its corporate purposes.
(C) Nothing in this section may be construed as limiting the power of the authority to issue bonds not secured by a capital reserve fund.
HISTORY: 1988 Act No. 682, Section 2.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 37 - South Carolina Resources Authority Act › Section 11-37-190. State grants.

The State may make, but is not required to make, grants of money or property to the authority for the purpose of enabling it to carry out its corporate purposes and for the exercise of its powers, including deposits to capital reserve funds. This section may not be construed to limit any other power to make grants to the authority.
HISTORY: 1988 Act No. 682, Section 2.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 37 - South Carolina Resources Authority Act › Section 11-37-210. Tax exempt status of authority.

The authority in performing an essential governmental function in the exercise of the powers conferred upon it is not required to pay any taxes or assessments upon any project or any property or upon any of its operations or the income from them, or any taxes or assessments upon any project or any property or local obligation acquired or used by the authority or upon the income from them. Any bonds issued by the authority, the transfer of bonds, and the income from them, is free from taxation and assessment of every kind by the State and by the local governments and other political subdivisions of the State.
HISTORY: 1988 Act No. 682, Section 2.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 37 - South Carolina Resources Authority Act › Section 11-37-220. Bonds as legal investments and securities.

The bonds issued by the authority are legal investments in which all public officers or public bodies of the State, its political subdivisions, all municipalities and political subdivisions, all insurance companies and associations and other persons carrying on insurance business, all banks, bankers, banking associations, trust companies, savings banks, savings associations, including savings and loan association investment companies, and other persons carrying on a banking business, all administrators, guardians, executors, trustees, and other fiduciaries, and all other persons who are now or may be authorized in the future to invest in bonds or other obligations of the State, may invest funds in their control or belonging to them. The bonds of the authority are also securities which may be deposited with and received by all public officers and bodies of the State or any agency or political subdivision of the State and all municipalities and public corporations for any purpose for which the deposit of bonds or other obligations of the State is now or may later be required by law.
HISTORY: 1988 Act No. 682, Section 2.