§ 44-20-1170 — Special funds; disposition of revenues; withdrawal of funds.

(A) Following the execution and delivery of its obligations, the Department of Behavioral Health and Developmental Disabilities shall remit to the State Treasurer all its revenues, including accumulated revenues not applicable to prior obligations, for credit to a special fund. The special fund must be applied to meet the sums due by the Department of Behavioral Health and Developmental Disabilities under its obligations. These monies from the special fund must be applied by the State Treasurer to the payment of the principal of and interest on outstanding state capital improvement bonds. (B) If the accumulation of revenues of the Department of Behavioral Health and Developmental Disabilities in the special fund exceeds the payment due or to become due during the then current fiscal year and an additional sum equal to the maximum annual debt service requirement of the obligations for a succeeding fiscal year, the State Fiscal Accountability Authority or the Department of Administration, as applicable, may permit the Department of Behavioral Health and Developmental Disabilities to withdraw the excess and apply it to improvements that have received the approval of the authority or the Department of Administration, as applicable, or to transfer the excess out of the special fund for contract awards to local disabilities and special needs boards for needed improvements at the local level and for nonrecurring prevention, assistive technology, and quality initiatives at the regional centers and local boards.

Legislative History

HISTORY: 1990 Act No. 496, SECTION 1; 1993 Act No. 164, Part II, SECTION 3; 1993 Act No. 181, SECTION 1078; 1994 Act No. 497, Part II, SECTION 5; 2011 Act No. 47, SECTION 2, eff June 7, 2011. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.