S.C. Code Ann. § 2-65-30 – Receipt and expenditure of unanticipated funds; submission of proposals; Committee reports

(A) A state agency may receive and spend unanticipated federal funds, and funds from private foundations or industries, which are not included in the appropriations act, but state agencies must submit expenditure proposals to the board and receive authorization from the board before expenditure of funds. No authorization may be made without first securing and considering the board's recommendation on each expenditure proposal. Any such authorization is subject to all of the following standards:
1. (1) The unanticipated nature of the project precluded it from consideration and approval as part of the state appropriations process as described in Section 2-65-20.
2. (2) The project assists the applicant state agency to achieve objectives or goals in keeping with the recognized powers and functions of the state agency.
3. (3) The applicant state agency is the appropriate entity to conduct project activities and no duplication of services is created by the authorization.
4. (4) State matching funds, if required, are available within the existing resources of the applicant state agency.
5. (5) The project benefits the health or welfare of the people of the State.
(B) Notwithstanding any other provisions of this chapter, no authorization of unanticipated federal or private foundation or industry funds may involve a commitment of future legislative enactment to provide additional state funds to support the project.
(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.
(D) Notwithstanding any other provisions of this chapter, a state agency may not implement an unanticipated major federal program without prior approval of the General Assembly, except:
1. (1) that to the extent that the unanticipated program replaces existing services currently provided by a state agency, other governmental entity, private nonprofit organization, or other service provider, the services may be authorized by the board to continue at an equivalent level, within the constraints of federal law and funding, until the General Assembly acts;
2. (2) if the unanticipated program creates services not currently provided, and the board agrees that delayed implementation would result in a significant loss of federal funds to the State, the program may be authorized by the board to proceed at a minimal level, until such time as the General Assembly may act.