Current through 2024 Act No. 225.
Section 8-21-15 - No fee for performing duty, responsibility, or function of agency unless authorized by statute and regulation; exceptions(A) No state agency, department, board, committee, commission, or authority initially may set a fee for performing any duty, responsibility, or function unless the fee for performing the particular duty, responsibility, or function is authorized by statutory law and set by regulation except as provided in this section.(B) This section does not apply to:(1) state-supported governmental health care facilities;(2) state-supported schools, colleges, and universities;(3) educational, entertainment, recreational, cultural, and training programs;(4) the State Board of Financial Institutions;(5) sales by state agencies of goods or tangible products produced for or by these agencies;(6) charges by state agencies for room and board provided on state-owned property;(7) application fees for recreational activities sponsored by state agencies and conducted on a draw or lottery basis;(8) charges for vendor fees, convenience fees, transaction fees, or other similar fees that allow a person to pay a state agency or contracted vendor on behalf of a state agency for goods, services, fees, or other items through any payment method other than cash;(9) court fees or fines levied in a judicial or adjudicatory proceeding.(C) This section does not prohibit a state agency, department, board, committee, or commission from charging fees for services provided to other state agencies, departments, boards, committees, commissions, or political subdivisions regardless of whether the fee is set by statute.(D) Statutory law for purposes of this section does not include regulations promulgated pursuant to the State Administrative Procedures Act.Amended by 2023 S.C. Acts, Act No. 51 (SB 549),s 14, eff. 5/18/2023.1987 Act No. 178 Section 1, eff 6/30/1987.