South Carolina Code of Laws
Chapter 40 - South Carolina Infrastructure Facilities Authority Act
Section 11-40-50. South Carolina Infrastructure Revolving Loan Fund; establishment; purpose; deposits to fund; use of monies in fund.

(A) There is established the South Carolina Infrastructure Revolving Loan Fund, which must be held and administered by the authority in accordance with the provisions of this chapter and policies, rules, regulations, directives, and agreements as may be promulgated or entered into by the authority pursuant to this chapter. Earnings on balances in the fund must be credited to the fund. Amounts remaining in the fund at the end of a fiscal year accrue only to the credit of the fund. Amounts in the fund must be available in perpetuity for the purpose of providing financial assistance in accordance with the provisions of this chapter and such federal programs as have provided grants therefor. The authority may establish accounts and subaccounts within the fund as considered desirable to effectuate the purposes of this chapter, to comply with the provisions of a bond resolution, or to meet the requirements of any state or federal programs.
(B) There may be deposited in the fund:
(1) federal capitalization grants and awards or other federal assistance received under the authority of federal programs for purposes of the fund;
(2) funds appropriated by the General Assembly for deposit to the fund;
(3) payments received from a local government in repayment of a loan, including amounts withheld by the State Treasurer and paid to the authority pursuant to Section 11-40-200;
(4) net proceeds of bonds issued by the authority;
(5) interest or other income earned on the investment of monies in the fund; and
(6) additional monies made available from public or private sources, including state grants and proceeds of state capital improvement bonds for the purposes for which the fund has been established.
(C) Amounts in the fund may be used only:
(1) to make loans, through the acquisition of bonds or other obligations, to local governments in accordance with provisions of this chapter;
(2) to finance projects by loan, loan guarantee or otherwise, and to pay the cost of any project from the proceeds of bonds of the authority or any other funds of the authority;
(3) to buy or refinance debt obligations of local governments at or below market rates;
(4) to guarantee or purchase insurance for bonds, notes, or other evidences of obligation issued by a local government for the purpose of financing all or a portion of the cost of a project, if the action improves credit market access or reduces interest rates;
(5) as a source of revenue or security for the payment of principal and interest on bonds issued by the authority if the proceeds of the sale of the bonds are deposited in the fund;
(6) to make grants to local governments but only if the use of such funds for such purpose is specifically provided for under a federal program that capitalizes a revolving loan fund;
(7) to earn interest on fund accounts;
(8) for the reasonable costs of administering the fund and conducting activities under federal or state programs; and
(9) for any other purpose authorized by federal or state programs.
HISTORY: 1994 Act No. 525, Section 2.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 11 - Public Finance

Chapter 40 - South Carolina Infrastructure Facilities Authority Act

Section 11-40-10. Short Title.

Section 11-40-20. South Carolina Infrastructure Facilities Authority; creation; membership; purpose.

Section 11-40-30. Definitions.

Section 11-40-40. Powers of authority.

Section 11-40-50. South Carolina Infrastructure Revolving Loan Fund; establishment; purpose; deposits to fund; use of monies in fund.

Section 11-40-60. Authority may make loans; loan commitments and option agreements; conditions for grant of loan; fees and charges.

Section 11-40-70. Receipt, distribution, and holding of funds by the authority.

Section 11-40-80. Local governments authorized to borrow money from authority through loan agreements and loan obligations; provisions of chapter not exclusive; additional contracts with authority.

Section 11-40-90. Authority to issue bonds; use of proceeds; requirements for issuance of bonds; Joint Bond Review Committee to establish priorities for funding of projects.

Section 11-40-100. Authority to pledge revenues, funds, or loan obligations to secure bonds.

Section 11-40-110. Bonds not debt or pledge of faith and credit of State or its political subdivisions other than the authority; statements to be contained on bonds.

Section 11-40-120. Bonds to be authorized by resolution; requirements for bonds.

Section 11-40-130. Trust indenture for securing bonds; provisions of bond resolution or trust indenture; bonds primarily secured by pool of obligations.

Section 11-40-140. Validity of pledge by authority; lien of pledge.

Section 11-40-150. Bonds made negotiable instruments.

Section 11-40-160. Bonds and income from bonds exempt from taxes and assessments.

Section 11-40-170. Bonds of authority made securities.

Section 11-40-180. Offer, sale, or issuance of bonds, notes, or other obligations not subject to regulation under Chapter 1, Title 35.

Section 11-40-190. Pledge of State not to impair rights and remedies of bondholders.

Section 11-40-200. Defaults by local governments; withholding of state funds; exceptions.

Section 11-40-210. Authority members, officers, or employees not subject to liability.

Section 11-40-220. Additional notices, proceedings, or publications not required; not subject to referendum.

Section 11-40-230. Deposit of money of authority; investment of funds.

Section 11-40-240. Annual reports; audit of books and accounts.

Section 11-40-250. Division of Local Government to assist authority; duties of Division.

Section 11-40-260. Chapter to be liberally construed; approval of bonds not required; provisions of Chapter control.

Section 11-40-270. Severability provision.