reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 65 - South Carolina Federal And Other Funds Oversight Act › Section 2-65-50. Estimates of research and student aid funds; reports by board.

Agencies shall include estimates of research and student aid funds in the detailed budget statements required in Section 2-65-20 of this chapter. Agencies may not be required to submit the detailed programmatic and financial information required in Section 2-65-20(2) of this chapter, except that the agencies must furnish to the board notices of actual awards and allocations of research and student aid funds within fourteen days of receipt of the notices from funding agencies. The board shall maintain quarterly reports of the funds received by the agency, and must, upon request, provide copies to the House Ways and Means Committee or the Senate Finance Committee, or both.
HISTORY: 1978 Act No. 651, Section 7; 1981 Act No. 178, Part II, Section 18; 1978 Act No. 651, Section 7; 1981 Act No. 178, Part II, Section 18E; 1983 Act No. 151, Part II, Section 10F; 1986 Act No. 455, Section 2(C); 1996 Act No. 458, Part II, Section 35A; 1998 Act No. 419, Part II, Section 12A.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 65 - South Carolina Federal And Other Funds Oversight Act › Section 2-65-60. Duties of Comptroller General.

The Comptroller General shall account for and control expenditures of individual federally funded projects for all agencies using the Statewide Accounting and Reporting System. For continuing federal projects, the board shall certify to the Comptroller General the actual funds approved for each project pursuant to Section 2-65-20 of this chapter, and any further adjustments to this amount, based on grant award documentation and pursuant to Section 2-65-40 of this chapter. For new federally funded projects, the board shall inform the Comptroller General of funding levels authorized pursuant to Section 2-65-30 of this chapter.
The Comptroller General shall authorize expenditures on each project not to exceed the amount certified by the board. Upon request of the board, the House Ways and Means Committee, or the Senate Finance Committee, the Comptroller General shall provide periodic reports of authorization levels, expenditures, revenues, and other data related to the federal projects. Upon request of the board, the House Ways and Means Committee, or the Senate Finance Committee, state agencies shall provide grant award and related actual funding information.
HISTORY: 1978 Act No. 651, Section 8; 1981 Act No. 178, Part II, Section 18; 1978 Act No. 651, Section 8; 1981 Act No. 178, Part II, Section 18F; 1983 Act No. 151, Part II, Section 10G; 1986 Act No. 455, Section 2(C); 1996 Act No. 458, Part II, Section 35A; 1998 Act No. 419, Part II, Section 12A.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 65 - South Carolina Federal And Other Funds Oversight Act › Section 2-65-70. Recovery of indirect costs.

(A) All agencies receiving federal grants or contracts shall recover the maximum allowable indirect costs on those projects, subject to applicable federal laws and regulations. All indirect cost recoveries must be credited to the general fund of the State, with the exception of recoveries from research and student aid grants and contracts. Further, after January 1, 1999, federal grants and contracts whose annual award is two hundred thousand dollars or less are exempted also from this cost recovery requirement.
(1) Each agency receiving grants or contracts to which indirect costs may be charged must have an approved indirect cost rate or cost allocation plan. Agencies shall prepare the indirect cost proposals and submit them to the board for review. The board shall submit the proposals to the appropriate federal agencies, negotiate the agreements, and transmit approved agreements to the state agencies. The board, upon request, also shall provide a report on the proposals to the House Ways and Means Committee or the Senate Finance Committee, or both.
(2) The board annually shall prepare the Statewide Cost Allocation Plan for allocation of central service costs to federal and other programs. The board shall ensure that state agencies recover costs approved in the plan through federal grants and contracts, subject to federal laws and regulations.
(3) The State Comptroller General shall assist the board in ensuring compliance with this section.
(B) If it is determined to be in the best interest of the State and the agency receiving the federal funds, the requirements of this section may be waived; except that indirect cost waivers may not be granted for unanticipated federal projects authorized pursuant to Section 2-65-30 of this chapter. Requests for indirect cost waivers for continuing federal projects must be made by the applicant agency as a part of its budget request and must be reviewed in accordance with the provisions of Section 2-65-20 of this chapter.
HISTORY: 1980 Act No. 517, Part II, Section 9; 1981 Act No. 178, Part II, Section 18; 1978 Act No. 651, Section 9; 1981 Act No. 178, Part II, Section 18H; 1983 Act No. 151, Part II, Section 10H; 1986 Act No. 455, Section 2(C); 1996 Act No. 458, Part II, Section 35A; 1998 Act No. 419, Part II, Section 12A.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 65 - South Carolina Federal And Other Funds Oversight Act › Section 2-65-80. Block grants.

(A) The General Assembly shall designate through the appropriations act an agency to operate each block grant. If a new block grant is approved by Congress after the appropriations act has been approved, it must be approved in accordance with the provisions of Section 2-65-30 (D) of this chapter.
(B) The agency operating each block grant shall conduct public hearings for those block grants for which federal laws and regulations require legislative public hearings, and any other block grants for which legislative public hearings are considered necessary. Public comments must be taken into consideration by the board in review and authorization of federal funds according to the procedures set forth in Section 2-65-20 of this chapter.
(C) The board, in accordance with Chapter 23 of Title 1, shall issue administrative regulations and cost principles for block grants.
(D) The board shall ensure that audits of block grants are conducted in accordance with federal laws and regulations.
HISTORY: 1978 Act No. 651, Section 9; 1981 Act No. 178, Part II, Section 18; 1980 Act No. 517, Part II, Section 9; 1981 Act No. 178, Part II, Section 18G; 1983 Act No. 151, Part II, Section 10I; 1986 Act No. 455, Section 2(C); 1996 Act No. 458, Part II, Section 35A; 1998 Act No. 419, Part II, Section 12A.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 65 - South Carolina Federal And Other Funds Oversight Act › Section 2-65-90. Review and coordination of proposed federal financial assistance and direct federal development.

The board shall design and operate a state process for review and coordination of proposed federal financial assistance and direct federal development by state and local officials as required by Section 401(a) of the federal Intergovernmental Cooperation Act of 1968 and federal regulations and executive orders. The board shall seek the advice of the South Carolina Advisory Commission on Intergovernmental Relations and the Regional Councils of Government in the development and implementation of the state process.
HISTORY: 1978 Act No. 651, Section 10; 1981 Act No. 178, Part II, Section 18; 1978 Act No. 651, Section 10; 1981 Act No. 178, Part II, Section 18I; 1983 Act No. 151, Part II, Section 10J; 1986 Act No. 455, Section 2(C); 1996 Act No. 458, Part II, Section 35A; 1998 Act No. 419, Part II, Section 12A.
Editor's Note
1983 Act No. 151 Part II 10 J renumbered "Section 10" of Act No. 651 of 1978 to read "Section 11".
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 65 - South Carolina Federal And Other Funds Oversight Act › Section 2-65-100. Exemption of funds.

Funds from the following sources are exempt from the requirements of this chapter:
(1) general fund appropriations;
(2) funds appropriated by a South Carolina local government;
(3) nonstate funded research grants and contracts and federal financial aid, including work study, except as otherwise provided in this chapter;
(4) donated materials, supplies, in-kind services, buildings, land and equipment, if the donations do not create a future obligation of state general fund monies. If a donation does create a future obligation of state general fund monies, the donation is subject to review and approval, in accordance with Section 2-65-30 of this chapter;
(5) federal funds used in connection with capital improvement bond funds subject to authorization pursuant to Act 1377 of 1968.
HISTORY: 1978 Act No. 651, Section 11; 1981 Act No. 178, Part II, Section 18; 1978 Act No. 651, Section 11; 1981 Act No. 178, Part II, Section 18J; 1983 Act No. 151, Part II, Section 10K; 1986 Act No. 455, Section 2(C); 1996 Act No. 458, Part II, Section 35A; 1998 Act No. 419, Part II, Section 12A; 2011 Act No. 28, Section 4, eff May 23, 2011.
Editor's Note
1983 Act No. 151 Part II Section 10 K, renumbered Section 11 of Act No. 651 of 1978, to read "Section 12".
2011 Act No. 28, Section 5, provides as follows:
"SECTION 5. This act takes effect upon approval by the Governor and first applies for agency proposed budget submissions for Fiscal Year 2012-2013 and for all agency requests to the State Budget and Control Board to spend unanticipated federal funds submitted after the effective date of this act."
Effect of Amendment
The 2011 amendment, in subsection (3), substituted "non-state funded research grants and contracts and federal financial aid, including work study," for "research and student aid grants".
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 65 - South Carolina Federal And Other Funds Oversight Act › Section 2-65-120. Cooperation of state agencies and institutions in implementing chapter.

Notwithstanding any other provisions of law, all agencies and institutions of the State shall cooperate fully with the board in the implementation of this chapter.
HISTORY: 1983 Act No. 151, Section 10L; 1986 Act No. 455, Section 2(C); 1996 Act No. 458, Part II, Section 35A; 1998 Act No. 419, Part II, Section 12A.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 65 - South Carolina Federal And Other Funds Oversight Act › Section 2-65-130. Consideration of expenditure proposal by Fiscal Accountability Authority.

If the board does not authorize an expenditure proposal then the proposal must be forwarded to the State Fiscal Accountability Authority for consideration. The authority may overturn the decision by the board and authorize the expenditures requested in the proposal if the authority finds that the expenditure proposal meets the standards for approval provided in this chapter.
HISTORY: 2014 Act No. 121 (S.22), Pt VIII, Section 23.B, eff July 1, 2015.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 66 - Jean Laney Harris Folk Heritage Award › Section 2-66-10. Award purpose; criteria.

(A) There is created the Jean Laney Harris Folk Heritage Award which may be presented to no more than four recipients each year by the General Assembly. At the discretion of the awards advisory committee, an additional Jean Laney Harris Folk Heritage Award may be presented to no more than one folk arts advocate each year by the General Assembly.
(B) The purpose of the award is to recognize lifetime achievement in this State for traditional folk art. The award recognizes individuals or groups who have used their lives to create beauty and meaning for their communities and the State as a whole in ways that are significant because they have lasted, often for hundreds of years. Winners of the award represent those who have demonstrated excellence in folk art, and have maintained and enriched the lives of all persons of their communities and of the State through their unique talents.
(C) Criteria for the award are as follows:
(1) emphasis on authenticity of tradition, giving the highest priority to those crafts with a long history of practice in this State;
(2) the significance of the individual folk artist or folk art group in maintaining or stimulating the craft to higher levels of artistic achievement; or, the significance of the folk arts advocate in supporting authentic South Carolina traditional craft or interpreting it to a wider audience;
(3) the award must be given to folk artists living and practicing in this State.
(D) There is established an awards advisory committee to the South Carolina Arts Commission whose purpose is to choose award recipients. This advisory committee must be composed of six members who shall serve two-year terms. The members of the advisory committee shall receive no mileage, per diem, or subsistence unless provided for by private funds. The advisory committee is comprised of:
(1) one member of the South Carolina Arts Commission, or a designee;
(2) the Folk Arts Coordinator at McKissick Museum;
(3) two citizens, one of whom represents the Afro-American community, to be appointed by the Speaker of the House of Representatives;
(4) two citizens, one of whom represents the American Indian community, to be appointed by the President of the Senate.
(E) State funds may be used for this award in an amount not to exceed two thousand dollars per year. Private funds may be raised to cover any expenses incurred or associated with presenting the award and these funds must be remitted to and managed and disbursed by the South Carolina Arts Commission.
HISTORY: 1996 Act No. 458, Part II, Section 35B; 1997 Act No. 12, Section 1; 2002 Act No. 208, Section 1.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 67 - South Carolina Medal Of Valor › Section 2-67-20. South Carolina Medal of Valor; criteria for award; Medal of Valor roll; eligibility; concurrent resolution; design and appearance.

(A) There is created the South Carolina Medal of Valor to be awarded to a South Carolinian, or an individual with certain ties to South Carolina, who was killed either while serving in or deploying to a combat zone. The South Carolina Medal of Valor is awarded on behalf of the people of the State of South Carolina and is presented to the families of these fallen service members.
(B) The South Carolina Medal of Valor may be awarded, on behalf of the people of the State of South Carolina, to an individual who was killed in action or died while:
(1) engaged in an action against an enemy of the United States;
(2) engaged in military operations involving conflict with an opposing foreign force;
(3) served with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party; or
(4) served in, or was in the process of deploying to, an area where hostile fire pay or imminent danger pay was authorized pursuant to federal law or regulation.
(C) Recipients of the South Carolina Medal of Valor shall have their names entered on the South Carolina Medal of Valor roll, which is to be maintained by the Adjutant General of the State of South Carolina.
(D) Individuals eligible to receive the South Carolina Medal of Valor include:
(1) members of the South Carolina National Guard who were legal residents of South Carolina at the time of their death;
(2) members of a Reserve Component of the United States Armed Forces who were legal residents of South Carolina at the time of their death;
(3) members of the regular United States Armed Forces who were:
(a) legal residents of South Carolina at the time of their death; or
(b) stationed in South Carolina by a proper order of the United States Department of Defense at the time they were killed in action; or
(4) members of the South Carolina National Guard, a regular or reserve component of the United States Armed Forces who:
(a) attended a public or private educational institution in South Carolina at some period during their lives; and
(b) were killed or died as described in subsection (B).
(E) The South Carolina Medal of Valor shall be awarded solely by a concurrent resolution:
(1) introduced by:
(a) the President of the Senate; or
(b) the Speaker of the House of Representatives; and
(2) adopted by both houses of the General Assembly.
(F) The Adjutant General shall develop the appropriate design and appearance of the medal. However, nothing in this section requires the Adjutant General to provide or pay for the medal or its design.
HISTORY: 2012 Act No. 175, Section 1, eff May 25, 2012; 2019 Act No. 1 (S.2), Section 24, eff January 31, 2019.
Effect of Amendment
2019 Act No. 1, Section 24, in (E)(1)(a), substituted "President of the Senate" for "President Pro Tempore of the Senate".
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 69 - Subpoenas And Subpoenas Duces Tecum › Section 2-69-10. Authority of standing committees to issue subpoenas and subpoenas duces tecum.

Every standing committee of the Senate and of the House of Representatives, in the discharge of its duties, including, but not limited to, the conducting of studies or investigations, is by majority vote of the committee authorized to issue subpoenas and subpoenas duces tecum to any agency, department, board, or commission of this State or of any political subdivision of this State or to any representative of any agency, department, board, or commission of this State or of any political subdivision of this State to compel the attendance of witnesses and production of documents, books, papers, correspondence, memoranda, and other relevant records to its work, investigation, or study. Every standing committee of the Senate and of the House of Representatives is also authorized to issue subpoenas and subpoenas duces tecum on behalf of any of its subcommittees. The committee shall have the right to issue such subpoenas and/or receive the subpoenaed evidence in executive session.
HISTORY: 1986 Act No. 352, Section 1.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 69 - Subpoenas And Subpoenas Duces Tecum › Section 2-69-20. Requests by joint study committees that subpoenas and subpoenas duces tecum be issued.

Every joint study committee created by act or resolution of the General Assembly, in the discharge of its duties, including, but not limited to, the conducting of studies or investigations, is, by majority vote of the committee, authorized to request a standing committee of the Senate or House of Representatives to issue subpoenas and subpoenas duces tecum on behalf of the joint study committee to any agency, department, board, or commission of this State or of any political subdivision of this State or to any representative of any agency, department, board, or commission of this State or of any political subdivision of this State to compel the attendance of witnesses and production of documents, books, papers, correspondence, memoranda, and other relevant records to its work, investigation, or study. The committee shall have the right to receive the subpoenaed evidence in executive session. The committee must seek instructions from the President of the Senate and the Speaker of the House of Representatives as to which standing committee shall issue the subpoena. The standing committee that issues a subpoena on behalf of a joint study committee must comply with the procedures prescribed Section 2-69-40.
HISTORY: 1986 Act No. 352, Section 2; 2019 Act No. 1 (S.2), Section 25, eff January 31, 2019.
Effect of Amendment
2019 Act No. 1, Section 25, in the third sentence, substituted "President of the Senate" for "President Pro Tempore of the Senate"; and made nonsubstantive changes.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 69 - Subpoenas And Subpoenas Duces Tecum › Section 2-69-30. Authority of committee to administer oaths and affirmations, take depositions, and receive testimony and evidence.

The committee, in the discharge of its duties, may administer oaths and affirmations, take depositions, and receive testimony and evidence as necessary in connection with its work, study, or investigation.
HISTORY: 1986 Act No. 352, Section 3.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 69 - Subpoenas And Subpoenas Duces Tecum › Section 2-69-40. Conditions upon issuance of subpoenas; signatures of President Pro Tempore of Senate and Speaker of House of Representatives.

Subpoenas and subpoenas duces tecum may only be issued upon a majority vote of the members of the committee, must be issued in the name of the committee, and must be signed by the committee chairman or the presiding officer who may administer oaths to witnesses. Subpoenas and subpoenas duces tecum which are issued for a joint study committee of the General Assembly must be co-signed by both the President of the Senate and the Speaker of the House of Representatives. Subpoenas and subpoenas duces tecum which are issued by a standing committee of the Senate must be co-signed by the President of the Senate. Subpoenas and subpoenas duces tecum which are issued by the House of Representatives must be co-signed by the Speaker of the House of Representatives. If the President of the Senate refuses to co-sign the subpoena or subpoena duces tecum, the requirement that the subpoena or subpoena duces tecum must be co-signed by the President of the Senate may be suspended as to that particular subpoena or subpoena duces tecum by a majority vote of the members of the Senate present and voting. If the Speaker of the House of Representatives refuses to co-sign the subpoena or subpoena duces tecum, the requirement that the subpoena or subpoena duces tecum must be co-signed by the Speaker of the House of Representatives may be suspended as to that particular subpoena or subpoena duces tecum by a majority vote of the members of the House of Representatives present and voting. In determining whether or not to co-sign the subpoena or subpoena duces tecum, the President of the Senate or the Speaker of the House of Representatives must conclude that:
(1) the information sought by the subpoena is within the scope of the committee's jurisdiction;
(2) the information is relevant to a legitimate legislative purpose;
(3) the nature of the information sought is as clearly described as possible in the subpoena or the authorizing resolution;
(4) the subpoena does not intrude impermissibly upon civil liberties;
(5) the revelation of the information subpoenaed would not unduly intrude into the decision-making processes of other branches of government; and
(6) a subpoena issued to a local government does not violate the provisions of Articles VII and VIII of the Constitution of South Carolina, 1895, and Title 4 of the Code of Laws of South Carolina, 1976.
HISTORY: 1986 Act No. 352, Section 4; 2019 Act No. 1 (S.2), Section 26, eff January 31, 2019.
Effect of Amendment
2019 Act No. 1, Section 26, in the introductory paragraph, substituted "President of the Senate" for "President Pro Tempore of the Senate" in five places.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 69 - Subpoenas And Subpoenas Duces Tecum › Section 2-69-50. Requests for protective order; receipt of evidence in executive session.

Any person served with a subpoena or subpoena duces tecum may request that the committee issue a protective order, which revokes, limits, or otherwise modifies the subpoena or subpoena duces tecum in order to protect the legal rights of any person or entity. The committee may for good cause shown elect to receive certain testimony and evidence in executive session.
HISTORY: 1986 Act No. 352, Section 5.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 69 - Subpoenas And Subpoenas Duces Tecum › Section 2-69-60. Issuance by court of common pleas of order requiring obedience to subpoena; punishment of disobedience as contempt.

In case of contumacy by any person or refusal to obey a subpoena, or to testify as directed by the committee, the court of common pleas, upon application of the General Assembly in the case of a joint study committee, or upon application of the Senate in the case of a standing committee of the Senate, or upon application of the House of Representatives in the case of a standing committee of the House of Representatives, may issue to the person an order requiring him or it to appear before the committee to produce evidence or give testimony touching upon the matter under inquiry, study, or investigation. The court may take appropriate action to ensure compliance with its order and any failure to obey an order may be punished as a contempt thereof.
HISTORY: 1986 Act No. 352, Section 6.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 69 - Subpoenas And Subpoenas Duces Tecum › Section 2-69-70. Good faith reliance by party subject to subpoena duces tecum as defense to action.

A good faith reliance by the party subject to the subpoena duces tecum, issued pursuant to this chapter is a defense to any action, civil or criminal, arising from the production of records, documents, or other tangible materials in response to the subpoena.
HISTORY: 1986 Act No. 352, Section 7.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 75 - South Carolina Research Centers Of Economic Excellence › Section 2-75-5. Short title; legislative intent.

(A) This chapter is known and may be cited as the "South Carolina Research Centers of Economic Excellence Act".
(B) The General Assembly finds that:
(1) it is in the public interest to create incentives for the senior research universities of South Carolina consisting of Clemson University, the Medical University of South Carolina, and the University of South Carolina to raise capital from the private sector to fund endowments for professorships in research areas targeted to create well-paying jobs and enhanced economic opportunities for the people of South Carolina;
(2) these endowed professorships should be used to recruit and maintain leading scientists and engineers at the senior research universities of South Carolina for the purposes of developing and leveraging the research capabilities of the universities for the creation of well-paying jobs and enhanced economic opportunities in knowledge-based industries for all South Carolinians;
(3) in communities across the United States in which better paying jobs and enhanced economic development in knowledge-based industries has flourished, the local or state government has created incentives and made a long-term commitment to public and private funding for a significant number of endowments for professorships in targeted knowledge-based industries;
(4) the South Carolina Education Lottery provides a source of funding and an incentive for the senior research universities to raise, in dollar-for-dollar matching amounts, sums from nonstate sources sufficient to create endowed professorships;
(5) these endowed professorships should be awarded to the senior research universities through a competitive application process, provided that the competitive process must encourage the senior research universities to submit cooperative applications with one another as well as in cooperation with other institutions of higher education; and
(6) these endowed professorships, funded equally from the South Carolina Education Lottery and from other nonstate sources, provide a foundation for the creation of centers of economic excellence.
HISTORY: 2002 Act No. 356, Section 3C; 2008 Act No. 355, Section 1, eff June 25, 2008.
Effect of Amendment
The 2008 amendment, in paragraphs (B)(4) and (B)(6), substituted "nonstate sources" for "private sources".
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 75 - South Carolina Research Centers Of Economic Excellence › Section 2-75-40. Applications for awards from endowment.

The senior research universities, individually, in conjunction with one or more other senior research universities or with other South Carolina higher education institutions, may make application for awards from the endowment as provided in this chapter.
HISTORY: 2002 Act No. 356, Section 3C.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 75 - South Carolina Research Centers Of Economic Excellence › Section 2-75-50. Application requirements; partnering to develop proposals to enhance economic competitiveness.

(A) An application for an award from the endowment shall:
(1) provide to the review board documentation of private matching funds, on hand, in an amount equal to the amount for which application is made;
(2) provide to the review board documentation that all matching funds have been committed and raised exclusively from sources other than South Carolina tax dollars, and that the funds have been committed and raised after January 1, 2002;
(3) be in an amount of not less than two million dollars and not more than five million dollars;
(4) document that the application has significant potential to provide for enhanced economic development for the citizens of South Carolina in a specified knowledge-based industry or field of commerce; and
(5) provide specific partnering activities with other institutions, businesses, or the community.
(B) Eligible research universities are strongly encouraged to partner with other South Carolina colleges and universities to develop proposals to enhance the economic competitiveness of our State and to enhance science and engineering through collaborations in related disciplines.
HISTORY: 2002 Act No. 356, Section 3C; 2008 Act No. 355, Section 4, eff June 25, 2008.
Effect of Amendment
The 2008 amendment designated subsection (A), in paragraphs (A)(1) and (A)(2), added "review"; and added subsection (B) relating to partnering.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 75 - South Carolina Research Centers Of Economic Excellence › Section 2-75-60. Review by panel of experts; site visits.

Upon a determination by the board that the provisions of Section 2-75-50 have been met, the board must appoint a panel of experts chosen from outside South Carolina for their expertise in the respective research field to review the application. The members appointed to the panel shall have no affiliation with the senior research universities. The panel will convene in the State to review the proposals and to conduct site visits to ensure that appropriate research infrastructure exists at the applying university. The panel shall make a report and recommendation to the board as to the merits of the application not more than ninety days after submission to the panel. The board shall then make a determination as to whether or not to award the matching funds and the amount of the award.
HISTORY: 2002 Act No. 356, Section 3C.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 75 - South Carolina Research Centers Of Economic Excellence › Section 2-75-70. Staff and support for operations of board and panels; reimbursement of expenses.

Staff and support for the operations of the board and the panels must be provided by the Commission on Higher Education. The Commission on Higher Education shall approve all necessary funds for the prudent operation of the board, including per diem, subsistence, and mileage expenses of board members as provided by law for members of state boards, committees, and commissions, and for the costs and expenses of the panel members. The expenditures authorized by this section must be provided from the fund created by Section 2-75-30 upon approval by the commission.
HISTORY: 2002 Act No. 356, Section 3C.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 75 - South Carolina Research Centers Of Economic Excellence › Section 2-75-80. Severability.

If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this chapter is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this section, the General Assembly hereby declaring that it would have passed this section, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
HISTORY: 2002 Act No. 356, Section 3C.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 75 - South Carolina Research Centers Of Economic Excellence › Section 2-75-90. Meeting matching requirement with private or federal funds specifically provided for use in certain areas.

(A) To meet the endowed professorships matching requirement, a research university may use funds specifically provided for use in the areas provided in subsection (B) that are derived from private or federal government sources, excluding state appropriations to the institution, tuition, or fees. Subject to the restrictions in subsection (B), only federal dollars received after July 1, 2003, may be used to meet the endowed professorships matching requirement.
(B) The matching funds in subsection (A) may be used only in the areas of Engineering, Nanotechnology, Biomedical Sciences, Energy Sciences, Environmental Sciences, Information and Management Sciences, and for other sciences and research that create well-paying jobs and enhanced economic opportunities for the people of South Carolina and that are approved by the Research Centers of Excellence Review Board.
HISTORY: 2004 Act No. 187, Section 11, eff March 17, 2004; 2008 Act No. 355, Section 5, eff June 25, 2008.
Effect of Amendment
The 2008 amendment, in subsection (A), in the first sentence deleted the references to paragraphs (B)(4) and (6) of Section 2-75-05.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 75 - South Carolina Research Centers Of Economic Excellence › Section 2-75-100. Use of matching funds.

(A) The review board may, at its discretion, permit the senior research universities to utilize a portion of the nonstate matching funds of any single award to pay for initial operating costs including, but not limited to, infrastructure improvement, purchase of equipment, and payment of salaries for junior faculty, researchers, technicians, and other support staff directly associated with the establishment of the professorship's research efforts and the creation of the center of economic excellence which the professorship serves. The portion established by the review board must apply equally to all of the senior research universities' centers of economic excellence and endowed professorships created under this act. The portion established by the review board may be modified by the review board in order to facilitate program success.
(B) The full amount of every state award, with the exception of programmatic support proposals, must be placed into and remain in endowment. Should a center of economic excellence be dissolved, withdrawn, or otherwise terminated, the entirety of the state award which has been drawn by the institution must be returned to the Centers of Excellence Matching Endowment.
HISTORY: 2008 Act No. 355, Section 6, eff June 25, 2008.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 75 - South Carolina Research Centers Of Economic Excellence › Section 2-75-110. Source of matching funds; nonstate sources.

In addition to accepting and applying nonstate funds, as stipulated in Section 2-75-90(A), to meet the matching requirement of each state award, a senior research university may accept and apply cash equivalent and in-kind donations from nonstate sources. Such donations must directly impact and promote the research of the endowed professorship and the center of economic excellence which the professorship serves. Such donations may include, but are not limited to, donated or rent-discounted laboratory, and research facility space; buildings, including sale-lease back; equipment; furnishings; and infrastructure upgrades. The value of each cash equivalent or in-kind donation must be determined using standard accounting methods and a cost share accounting policy established by the review board. The total value of cash equivalent and in-kind donations applicable per award may not exceed the portion of nonstate matching funds available for nonendowment use established by the board. Cash equivalent and in-kind donations may only be applied if received by a senior research university after July 1, 2002.
HISTORY: 2008 Act No. 355, Section 7, eff June 25, 2008.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 77 - South Carolina Higher Education Excellence Enhancement Program › Section 2-77-10. Legislative findings.

The General Assembly finds that:
(1) a significant part of the state mission in education has been to enhance excellence in higher education for low-income and educationally disadvantaged students;
(2) certain institutions have played an integral role in offering higher educational access to low-income and educationally disadvantaged students who otherwise might not have been able to obtain a college education, which has resulted in a substantial public benefit;
(3) these institutions provide a unique educational opportunity for these targeted groups of students by offering flexible admission policies, low tuition rates, and small enrollments to ensure smaller class size tailored to the needs of these targeted students;
(4) these institutions are often limited in their abilities to raise funds from their respective student populations from tuition and fees because of the demographic profiles of their students and, as a result, charge tuition rates which on average are substantially lower than those charged by other higher educational institutions in this State;
(5) the federal government has recognized the unique ability of certain institutions to accomplish the important public benefit of enhancing opportunities in higher education for low-income and educationally disadvantaged students;
(6) public educational assistance made available to the institutions that serve these targeted students provides a direct educational benefit to the students by improving the overall quality of their educational experiences by offering enhanced facilities and improved academic instruction; and
(7) it is necessary that the State of South Carolina enable these institutions to effectively partner with the federal government to ensure the continued existence in this State of these institutions, which provide a substantial public benefit to the State by enabling these targeted students to be well-educated, to move into the workforce, and to improve the quality of life in South Carolina.
HISTORY: 2003 Act No. 24, Section 1.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 77 - South Carolina Higher Education Excellence Enhancement Program › Section 2-77-15. Definitions.

For purposes of this chapter:
(1) "Eligible institution" means a four-year institution of higher learning or an institution of higher learning that is accredited to offer, and is actively offering, at least one nonsectarian program at the baccalaureate level:
(a)(i) at which sixty percent or more of the enrolled undergraduate students were low-income and educationally disadvantaged students, for the four consecutive years immediately preceding the then current year and which is defined in Part B, Subchapter III, Chapter 28, Title 20 of the United States Code; or
(ii) which is an historically single gender women's institution of traditional students, as evidenced by ninety percent or more of full-time female undergraduates under twenty-five years of age for the four consecutive years immediately preceding the current year;
(b)(i) that is accredited by the Southern Association of Colleges and Schools; or
(ii) which receives Title III funding and is accredited by an accrediting organization recognized by the United States Department of Education;
(c) that is organized as a nonprofit corporation or is a public institution; and
(d) that has its main campus located in South Carolina.
(2) "Federal funding program" means:
(a) Section 507(c) of the Omnibus Parks and Land Management Act of 1996 (16 U.S.C. 470a note), as amended; or
(b) Part B, Subchapter III, Chapter 28, Title 20 of the United States Code.
(3) "Low-income and educationally disadvantaged student" means a student who receives a Pell Grant.
HISTORY: 2003 Act No. 24, Section 1; 2005 Act No. 162, Section 2, eff June 14, 2005; 2016 Act No. 143 (H.3534), Section 1, eff July 1, 2016.
Effect of Amendment
The 2005 amendment rewrote item (1).
2016 Act No. 143, Section 1, in (1), expanded the definition of "eligible institution".
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 77 - South Carolina Higher Education Excellence Enhancement Program › Section 2-77-20. Establishment of program; purpose; funding.

(A) There is hereby established the South Carolina Higher Education Excellence Enhancement Program for the general purpose of enhancing the educational opportunities of low-income and educationally disadvantaged students. The program must be administered by the Commission on Higher Education. The commission must enter into annual contracts with eligible institutions to accomplish the purposes of this program.
(B) The program must be funded by appropriations from the Education Lottery Account in an amount provided by the General Assembly.
(C)(1) An institution seeking to qualify as an eligible institution must submit an annual application to the commission. The commission must certify the eligibility of institutions seeking contracts pursuant to this section. Subject to the provisions of item (2), and less any allocations made pursuant to item (2), the funds appropriated for this program must be allocated equally among the eligible institutions.
(2) The Commission on Higher Education, or its successor, annually shall review and determine if funds allocated to a school pursuant to item (1) have been properly used by the school pursuant to Section 2-77-30. If the Commission on Higher Education, or its successor, determines these funds were used inappropriately by a school, the funds must be returned, and the following year that school's allocation must be reduced by fifty percent of the amount appropriated to each eligible institution pursuant to item (1). The balance remaining from a school's reduced allocation must be distributed equally among the remaining eligible institutions.
(D) From the amounts allocated on an equal basis, an institution receiving an allocation of funds must first use the funds as the nonfederal match required by a federal funding program that provides funding for historic preservation or for capital improvements. In awarding funds based on merit, the commission shall give priority to those proposals that can be matched with funds from a federal funding program.
HISTORY: 2003 Act No. 24, Section 1; 2011 Act No. 74, Pt VI, Section 16, eff August 1, 2011; 2016 Act No. 143 (H.3534), Section 2, eff July 1, 2016.
Effect of Amendment
The 2011 amendment in subsection (C), in the third sentence substituted "The" for "Of the" and deleted ", one-half" before "must be allocated"; and deleted the fourth sentence relating to the remainder of appropriated funds.
2016 Act No. 143, Section 2, in (C)(1), inserted the text before "the funds appropriated" in the last sentence, and added (C)(2).
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 77 - South Carolina Higher Education Excellence Enhancement Program › Section 2-77-30. Contracting with eligible institutions.

(A) From amounts appropriated by the General Assembly, the commission must enter into contracts with eligible institutions that are certified by the commission for any of the following uses:
(1) purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes;
(2) construction, maintenance, renovation, and improvement in classroom, library, laboratory, and other instructional facilities, including purchase or rental of telecommunications technology equipment or services;
(3) support of faculty exchanges, faculty development, and faculty fellowships to assist in attaining advanced degrees in their fields of instruction;
(4) purchase of library books, periodicals, microfilm, and other educational materials, including telecommunications program materials;
(5) tutoring, counseling, and student service programs designed to improve academic success;
(6) funds and administrative management, and acquisition of equipment for use in strengthening funds management;
(7) joint use of facilities, such as laboratories and libraries;
(8) establishing or improving a development office to strengthen or improve contributions from alumni and the private sector;
(9) establishing or enhancing a program of teacher education designed to qualify students to teach in a public elementary or secondary school in the State that must include, as part of the program, preparation for teacher certification; and
(10) other activities proposed that contribute to carrying out the purposes of this act, and which are approved by the commission as part of the review and acceptance of the application.
(B) Each eligible institution must keep such records as the commission prescribes, including records which fully disclose:
(1) the amount and disposition by each recipient of the proceeds of the assistance;
(2) the cost of the project or undertaking in connection with which the assistance is given or used;
(3) the amount of that portion of the cost of the project or undertaking supplied by other sources; and
(4) such other records as will facilitate an effective audit by the Commission on Higher Education.
HISTORY: 2003 Act No. 24, Section 1.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 77 - South Carolina Higher Education Excellence Enhancement Program › Section 2-77-40. Repayment of unexpended funds.

Any funds paid to an eligible institution pursuant to this chapter but not expended or used for the purposes for which the funds were paid within three years following the date of the contract awarded to an eligible institution must be repaid to the Education Lottery Account immediately upon the expiration of the three-year period.
HISTORY: 2003 Act No. 24, Section 1.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 79 - State Agency Deficit Prevention And Recognition › Section 2-79-20. Responsibility of state agencies.

It is the responsibility of each state agency, department, and institution to operate within the limits of appropriations set forth in the annual general appropriations act, appropriation acts, or joint resolution supplemental thereto, and any other approved expenditures of monies. A state agency, department, or institution shall not operate in a manner that results in a year-end deficit except as provided in this chapter.
HISTORY: 2014 Act No. 121 (S.22), Pt VI, Section 10.A, eff July 1, 2015.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 79 - State Agency Deficit Prevention And Recognition › Section 2-79-30. Notice of likely agency deficit; deficit avoidance plan.

If at the end of each quarterly deficit monitoring review by the Executive Budget Office, it is determined by either the Executive Budget Office or a state agency, department, or institution that the likelihood of a deficit for the current fiscal year exists, the state agency shall notify the General Assembly within fifteen days of this determination and shall further request the Executive Budget Office to work with it to develop a plan to avoid the deficit. Within fifteen days of the deficit avoidance plan being completed, the Executive Budget Office shall either request the General Assembly to recognize the deficit in the manner provided in this chapter if it determines the deficit avoidance plan will not be sufficient to avoid a deficit or notify the General Assembly of how the deficit will be avoided based on the deficit avoidance plan if the Executive Budget Office determines the plan will be sufficient to avoid a deficit.
HISTORY: 2014 Act No. 121 (S.22), Pt VI, Section 10.A, eff July 1, 2015.