South Carolina § 11-1-40 Contracts in excess of tax or appropriation; diverting public funds.

South Carolina Statutes

§ 11-1-40 — Contracts in excess of tax or appropriation; diverting public funds.

South Carolina § 11-1-40

Title 11PUBLIC FINANCE

Ch. 1GENERAL PROVISIONS

This text of South Carolina § 11-1-40 (Contracts in excess of tax or appropriation; diverting public funds.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 11-1-40 (2026).

Text

(A)It is unlawful for an authorized public officer to enter into a contract for a purpose in which the sum is in excess of the tax levied or the amount appropriated for that purpose.

(B)It is unlawful for an authorized public officer to divert or appropriate the funds arising from any tax levied and collected for any one fiscal year to the payment of an indebtedness contracted or incurred for a previous year.

(C)A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars and not less than five hundred dollars or imprisoned not more than three years, or both.

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(A) It is unlawful for an authorized public officer to enter into a contract for a purpose in which the sum is in excess of the tax levied or the amount appropriated for that purpose. (B) It is unlawful for an authorized public officer to divert or appropriate the funds arising from any tax levied and collected for any one fiscal year to the payment of an indebtedness contracted or incurred for a previous year. (C) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars and not less than five hundred dollars or imprisoned not more than three years, or both.

Legislative History

HISTORY: 1962 Code SECTION 1-54; 1952 Code SECTION 1-54; 1942 Code SECTIONS 1508, 3073, 3074; 1932 Code SECTION 1508; Cr. C. '22 SECTION 457; Cr. C. '12 SECTION 532; Cr. C. '02 SECTION 377; G. S. 458, 459, 460; R. S. 299; 1874 (15) 692; 1906 (25) 206; 1960 (51) 1602; 1993 Act No. 184, SECTION 152.