South Carolina Code 2-65-40. Expenditure of “other” funds; authorization; Committee reports
(B) Authorizations under this section are subject to the following standards, as applicable:
Terms Used In South Carolina Code 2-65-40
- Agency: means any state office, department, institution, board, commission, council, committee, or other entity of the executive, judicial, or legislative branch. See South Carolina Code 2-65-15
- Appropriations act: means the annual general appropriations act. See South Carolina Code 2-65-15
- Board: means the Executive Budget Office. See South Carolina Code 2-65-15
- Federal funds: means financial assistance made to a state agency by the United States Government in any form including, but not limited to, a grant, loan, subsidy, reimbursement, contract, donation, or shared federal revenues, or noncash federal assistance in the form of equipment, buildings, and land. See South Carolina Code 2-65-15
- Matching funds: means a specific amount of general fund or other funds monies identified by a state agency, and required by the federal government, as a cash contribution for a federal program. See South Carolina Code 2-65-15
(1) the proposed use of the funds do not result in a fund of surplus money which may be used by the agency to expand programs without legislative approval;
(2) if the funds are earmarked for specific use in the appropriations act, or by federal law or regulation, any additional funds must be used for the same purpose;
(3) if the increase results from a fee or charge for service, the agency has the legal authority to impose the fee, and has secured any approvals required by applicable law or regulations;
(4) the proposed use of funds assists the state agency to achieve objectives or goals in keeping with the recognized powers and functions of the state agency;
(5) if the funds are generated from a new revenue source:
(a) the proposed use of funds covers only a minimum amount of administrative costs necessary to support the revenue collection, and any excess must be remitted to the general fund of the State;
(b) it is determined that the requesting state agency is the appropriate entity to carry out the proposed activities and no duplication of services is created by the authorization;
(6) if the increase in federal funds requires a corresponding increase in state matching funds, the state match is available from existing resources.
(C) The board shall provide the House Ways and Means Committee and the Senate Finance Committee with periodic reports which describe actions taken under the provisions of this section.