The State's tobacco receipts due to the State after June 30, 2001, and the right to receive them as they are distributed from the escrow are assigned to the authority. On and after the date these revenues are pledged, the State shall have no right, title, or interest in or to the state's tobacco receipts; and the state's tobacco receipts are property of the authority and not of the State, and must be owned, received, held, and disbursed by the authority or the trustee for the holders of bonds and not by the State. The State directs the independent auditor and the escrow agent to make all these payments to the authority in accordance with instructions that may be given by the authority from time to time. The assignment and direction made in this subsection are irrevocable during any time when bonds are outstanding under this chapter plus one year and one day thereafter and are a part of the contractual obligation owed to the bond holders. On or before the date of delivery of any bonds, the State through the State Treasurer shall notify the independent auditor and the escrow agent that the State's tobacco receipts have been assigned to the authority and shall instruct the independent auditor and the escrow agent that, subsequent to the delivery date for bonds and irrevocably during the time when any bonds are outstanding, the State's tobacco receipts are to be paid directly to the authority or its designee.
HISTORY: 2000 Act No. 387, Part II, Section 69A.2.
Structure South Carolina Code of Laws
Chapter 49 - Tobacco Settlement Revenue Management Authority Act
Section 11-49-10. Short title.
Section 11-49-20. Definitions.
Section 11-49-30. Tobacco Settlement Revenue Management Authority created; purpose; termination.
Section 11-49-40. Board; members; compensation; ethics; administrative assistance; personnel.
Section 11-49-50. Tobacco receipts; assignment to authority.
Section 11-49-55. State-grown crops; marketing, branding, and natural disaster relief assistance.
Section 11-49-60. Powers of board to operate and administer authority.
Section 11-49-80. Board and authority assets limited to tobacco receipts.
Section 11-49-90. Power to incur debt.
Section 11-49-100. Accounts to be maintained separately; annual report.
Section 11-49-130. Excess tobacco receipts.
Section 11-49-140. Exemption from provisions of Chapter 23, Title 1.
Section 11-49-150. Consent to and approval of master settlement agreement; modification.
Section 11-49-160. Right of authority to fulfill agreements with bond holders protected.