reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 101 - Colleges And Institutions Of Higher Learning Generally › Section 59-101-190. Deans' Committee on Medical Education.

There is created a Deans' Committee on Medical Education consisting of nine members as follows:
(1) President, University of South Carolina or his designee;
(2) President, Medical University of South Carolina or his designee;
(3) Dean or acting dean, School of Medicine, University of South Carolina;
(4) Dean or acting dean, School of Medicine, Medical University of South Carolina;
(5) two members appointed by the Commission on Higher Education, one of whom must be a physician with experience in medical education and one of whom must be a representative of the business community;
(6) three members of the Area Health Education Consortium medical education director's committee, who shall represent graduate medical education, to be appointed by the Commission on Higher Education.
The terms of the members selected under items (5) and (6) above shall be for four years and until their successors are appointed and qualify. In making these appointments, the Commission on Higher Education, to the extent possible, shall ensure geographic representation of all regions of the State. Vacancies shall be filled in the manner of original appointment.
The Deans' Committee on Medical Education may also contain nonvoting members invited to attend meetings by the committee on an ad hoc basis. The chairmanship of the deans' committee shall alternate between the Dean of the School of Medicine of the University of South Carolina and the Dean of the College of Medicine of the Medical University of South Carolina. The term of the chairman shall be two years, and the committee at its first meeting after the effective date of this provision shall determine by majority vote the person who will first serve as chairman. Meetings shall be held at least quarterly during each year.
The purpose of the committee is to ensure and coordinate the development and implementation of a strategic plan for effective and efficient medical education, research, and related clinical service programs to best meet the needs of the State of South Carolina. Adoption of the strategic plan shall require at least one vote of a member representing USC and MUSC and a total of at least seven votes of the entire committee. Any strategic plan approved by the deans' committee also must be approved by the Commission on Higher Education if it contains any proposal for the consolidation, elimination, or change of medical education programs.
The committee shall report to the Commission on Higher Education through the commission's Committee on Academic Affairs. The deans' committee shall provide oversight of the Area Health Education Consortium and the consortium of teaching hospitals by reviewing and approving its strategic plan and budget. The Commission on Higher Education shall furnish adequate meeting space and professional and secretarial assistance for the committee.
HISTORY: 1976 Act No. 709, Part II, Section 6; 2000 Act No. 323, Section 1.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 101 - Colleges And Institutions Of Higher Learning Generally › Section 59-101-195. Maximum compensation of medical school physicians and employees.

The maximum compensation of any physician or other employee of a medical school of the State of South Carolina shall be approved in advance annually by the President or the Board of Trustees of that medical school. All compensation must be approved by someone other than the recipient thereof. Compensation shall include all remuneration obtained, through a professional service organization or otherwise, with use of state owned facilities, equipment or supplies.
HISTORY: 1990 Act No. 323, Section 1.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 101 - Colleges And Institutions Of Higher Learning Generally › Section 59-101-197. Reporting requirement of financial information for medical school receiving state appropriation.

(A) For purposes of this section "affiliate" means any entity controlled by or under common control with another entity, whether through ownership, interlocking boards or officers, charter, bylaws, or otherwise and including each professional staff office or practice of each medical school receiving an appropriation from the State, and each trust or foundation which has as one of its significant purposes the support of a medical school receiving an appropriation from the State.
(B) Not later than September first of each year, each medical school receiving an appropriation from the State shall provide to the General Assembly a written report setting forth:
(1) for the prior fiscal year the total compensation paid or accrued by the medical school and its affiliates, including cash, fringe benefits, retirement accounts or arrangements, deferred compensation accounts or arrangements, consultant's, director's, and trustee's fees and honoraria, from all sources to or for each officer, dean, department chairman, and each of the fifty most highly compensated physicians employed by or utilizing the facilities of the medical school or its affiliates;
(2) a description of each element of the compensation;
(3) the source of each element of the compensation; and
(4) the number of out-of-state students and the total number of students in each academic program.
HISTORY: 1995 Act No. 72, Section 1.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 101 - Colleges And Institutions Of Higher Learning Generally › Section 59-101-200. Hazing prohibited; penalties.

(A) For purposes of this section:
(1) "Student" means a person enrolled in a state university, college, or other public institution of higher learning.
(2) "Superior student" means a student who has attended a state university, college, or other public institution of higher learning longer than another student or who has an official position giving authority over another student.
(3) "Subordinate student" means a person who attends a state university, college, or other public institution of higher learning who is not defined as a "superior student" in item (2).
(4) "Hazing" means the wrongful striking, laying open hand upon, threatening with violence, or offering to do bodily harm by a superior student to a subordinate student with intent to punish or injure the subordinate student, or other unauthorized treatment by the superior student of a subordinate student of a tyrannical, abusive, shameful, insulting, or humiliating nature.
(B) Hazing at all state supported universities, colleges, and public institutions of higher learning is prohibited. When an investigation has disclosed substantial evidence that a student has committed an act or acts of hazing, the student may be dismissed, expelled, suspended, or punished as the president considers appropriate.
(C) The provisions of this section are in addition to the provisions of Article 6, Chapter 3 of Title 16.
(D) The provisions of Section 30-4-40(a)(2) and 30-4-70(a)(1) continue to apply to hazing incidents.
HISTORY: 1994 Act No. 328, Section 1.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 101 - Colleges And Institutions Of Higher Learning Generally › Section 59-101-280. Colleges and universities to emphasize teaching as career opportunity.

Colleges and universities of this State shall emphasize teaching as a career opportunity and those institutions with teacher education programs should make the preparation of teachers a fundamental part of the institution's mission. These colleges and universities should allocate resources appropriate for support of this mission, support of professional development programs for practicing teachers and teacher education faculties to include technology training. Greater attention should be given to attracting diversity in race and ethnicity in faculties and students. Opportunities also should be developed to provide students interested in a teaching career with opportunities to tutor other students. All teacher education programs should strengthen alliances with K-12 education to increase the clinical opportunities for their students and to become more responsive to the needs of practicing teachers. Closer alliances also should be established with the business community and should integrate critical workforce skills into content and methods courses. Teacher education faculties should provide teacher candidates with a variety of effective teaching practices to ensure the state's diverse student population achieve at high levels of learning.
HISTORY: 1984 Act No. 512, Part II, Section 9, Division II, Subdivision C, Subpart 1, Section 1(B); 2001 Act No. 39, Section 1.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 101 - Colleges And Institutions Of Higher Learning Generally › Section 59-101-285. Governing board meeting attendance requirements for board members.

Notwithstanding any other provision of law or special provision applicable to a particular institution, a member of the governing board of an institution of higher learning as defined in Section 59-103-5 must attend at least two-thirds of the regular and special meetings of the board during any calendar year or a vacancy in that office is deemed to exist as of January first of the next year which shall be filled in the manner provided by law. The chairman of that board when a violation of this section occurs shall report the violation to the appointing or electing authority within thirty days after the close of the calendar year in which the violation occurred. The member of the governing board who missed such meetings thereby causing the vacancy is ineligible for reelection or reappointment to that board for a period of ten years thereafter.
HISTORY: 2002 Act No. 250, Section 2.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 101 - Colleges And Institutions Of Higher Learning Generally › Section 59-101-290. Notification of risk of contracting certain diseases if living on-campus.

(A) A public institution of higher learning shall notify incoming students, or the parent or guardian of an incoming student under the age of eighteen, of the risk of contracting meningococcal disease and Hepatitis B if living in on-campus student housing.
(B) A public institution of higher learning shall include vaccination against meningococcal disease and Hepatitis B as recommended immunization in health and medical information provided to students or prospective students and parents or guardians.
(C) A private institution of higher learning may elect to be governed by this section and at any time may, in its sole discretion, remove itself from such governance.
HISTORY: 2002 Act No. 317, Section 1.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 101 - Colleges And Institutions Of Higher Learning Generally › Section 59-101-335. Authorization to establish penalties and bonds for traffic and parking violations; availability of schedule of penalties and bonds for such offenses.

The governing boards of all state-supported colleges, universities, and technical schools shall be authorized to establish penalties and bonds for traffic and parking violations occurring on property which is owned, leased, supervised, or otherwise controlled by the institution. A schedule of penalties and bonds for such offenses shall be available for inspection during normal business hours at the institution at a location designated by the board.
HISTORY: 1995 Act No. 145, Part II, Section 81.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 101 - Colleges And Institutions Of Higher Learning Generally › Section 59-101-340. Allocation of funds appropriated for the "Cutting Edge: Research Investment Initiative".

Twenty-five percent of funds appropriated by the General Assembly for the "Cutting Edge: Research Investment Initiative" must be allocated to the state's senior public colleges. If the number of quality proposals for funding submitted by the senior colleges does not require the full allocation, the balance of the allocation must be distributed by the Commission on Higher Education to the state's public universities.
HISTORY: 1989 Act No. 189, Part II, Section 44.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 101 - Colleges And Institutions Of Higher Learning Generally › Section 59-101-345. Authority to reallocate funds between Palmetto Fellows Program and need-based grants; priority to students in custody of Department of Social Services.

In instances where the equal division of the appropriated funds between need-based grants and the Palmetto Fellows Program exceeds the capacity to make awards in either program, the Commission on Higher Education has the authority to reallocate the remaining funds between the two programs. Public and independent higher education institutions must give first priority for need-based grants to children and young adults in the custody of the State Department of Social Services. Institutions and the Commission on Higher Education shall accept written verification from the Department of Social Services that the child or young adult is in the custody of the Department of Social Services, and must provide the maximum amount allowed by law for that need-based grant.
HISTORY: 2002 Act No. 356, Section 1, Part II.E.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 101 - Colleges And Institutions Of Higher Learning Generally › Section 59-101-360. Certain revenue from tax on catalog sales creditable to Mail Order Sales Tax Fund; disposition.

(A) Sales tax revenue derived pursuant to Section 12-36-2620 from the tax on catalog sales which exceeds the total of revenue from such sales in fiscal year 1991-92 must be credited by the State Treasurer to the Mail Order Sales Tax Fund, which is separate and distinct from the general fund of the State. Revenues in this fund may not be used to supplant general fund appropriations for higher education, and must be appropriated according to the distribution formulas provided in subsections (B), (C), and (D).
(B) The first one hundred million dollars credited to the Mail Order Sales Tax Fund must be distributed as follows:
(1) sixty-five percent for higher education formula funding;
(2) five percent to public higher education institutions with teacher education programs according to a formula developed by the Commission on Higher Education;
(3) twenty percent to the Education Improvement Act Fund;
(4) ten percent for tuition grants as provided pursuant to Chapter 113 of this title.
(C) Amounts in excess of one hundred million dollars credited to the Mail Order Sales Tax Fund must be distributed as provided in subsection (B) with the exception of item (4) thereof, in which case the ten percent distribution must be for K-12 public school construction.
(D) At any time the higher education funding formula is fully funded, further distribution of that sixty-five percent share must be distributed as follows:
(1) sixty-five percent for K-12 public school construction;
(2) thirty-three and one-third percent for public higher education dedicated to academic equipment;
(3) one and two-thirds percent to the higher education tuition grants program under Chapter 113 of this title.
HISTORY: 1992 Act No. 501, Part II, Section 35A; 1993 Act No. 164, Part II, Section 78A.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 101 - Colleges And Institutions Of Higher Learning Generally › Section 59-101-370. New technical college construction projects; matching state funds.

Technical education colleges receiving funds for new construction projects, not including funds provided for deferred maintenance or renovations, pursuant to authorizations for state capital improvement bonds shall match the state funds provided with at least twenty percent nonstate funds toward the total costs of the project identified in the bond authorization. This match requirement does not apply to any project that received A&E funding prior to July 1, 1995.
HISTORY: 1997 Act No. 111, Section 4.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 101 - Colleges And Institutions Of Higher Learning Generally › Section 59-101-395. Refund of tuition and academic fees when activated for military service; opportunity to complete courses.

(A) When any person is activated for full-time military service during a time of national crisis and, therefore, is required to cease attending a public institution of higher learning without completing and receiving a grade in one or more courses, the assistance provided in this section is required with regard to courses not completed. A complete refund of tuition and academic fees as are assessed against all students at the institution shall be granted to the student. The refund shall be distributed proportionately to the student after considering other resources received by the student for paying applicable tuition and fee charges. The proportionate distribution shall take into account appropriate federal and state regulations governing resources received by the student. Proportionate refunds of room and board, if applicable, and other special fees which were paid to the institution must be provided to the student, based on the date of withdrawal. If an institution contracts for room and board services covered by fees which have been paid by and refunded to the student, the contractor shall provide a pro rata refund to the institution. If the institution has a policy of repurchasing textbooks, students must be offered the maximum price, based on condition, for the textbooks associated with the courses.
(B) When a student is required to cease attendance because of such military activation without completing and receiving a grade in one or more courses, the institution shall provide a reasonable opportunity for completion of the courses after deactivation.
HISTORY: 2002 Act No. 330, Section 1.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 101 - Colleges And Institutions Of Higher Learning Generally › Section 59-101-400. Educational credit for certain courses that are part of the military training or service.

(A) A state-supported post-secondary educational institution governed by this title, including a technical and comprehensive educational institution, may award educational credit to a student honorably discharged from the Armed Forces of the United States for a course that is part of the military training or service of the student, provided:
(1) the award must be made within three years after the enrollment of the student at the institution;
(2) the course meets the standards of the American Council of Education or equivalent standards for awarding academic credit; and
(3) the award is based upon the admissions standards, role, scope, and mission of the institution.
(B) An institution authorized to award educational credit under subsection (A) shall:
(1) develop a policy concerning the provisions of subsection (A) before January 1, 2014; and
(2) adopt rules and procedures to implement the provisions of this section to become effective on the beginning of the 2013-2014 academic year of the institution.
HISTORY: 2013 Act No. 45, Section 2, eff June 7, 2013.
Editor's Note
2013 Act No. 45, Section 1, provides as follows:
"SECTION 1. This act is known and may be cited as the 'Military Service Occupation, Education, and Credentialing Act'."
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 101 - Colleges And Institutions Of Higher Learning Generally › Section 59-101-410. Loan of endowment funds and auxiliary enterprise funds.

(A) As used in this section, "auxiliary enterprise funds" means athletics revenues and funds derived from bookstore, licensing, vending, concessions, and food service operations.
(B) The governing boards of all state-supported colleges, universities, and technical schools may lend from time to time their endowment funds and auxiliary enterprise funds, including interest derived therefrom, currently on deposit with the State Treasurer's Office to separately chartered not-for-profit legal entities whose existence is primarily providing financial assistance and other support to the institution and its educational program. The governing boards of all state-supported colleges, universities, and technical schools also may lend from time to time their future endowment funds and auxiliary enterprise funds received, including interest derived therefrom, currently on deposit with the State Treasurer's Office to separately chartered not-for-profit legal entities whose existence is primarily to provide financial assistance and other support to the institution and its educational program, provided however, that all of these funds must first be recorded with the State Treasurer's Office. Income from the loan of auxiliary funds as provided in this section must be used solely for scholarship purposes. The loans must be in accordance with such terms and conditions as determined by the respective institution's governing body.
HISTORY: 1998 Act No. 419, Part II, Section 9A.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 101 - Colleges And Institutions Of Higher Learning Generally › Section 59-101-420. Annual reporting of out-of-state undergraduate student population and policy.

Any public institution of higher education is required to annually report the number of out-of-state undergraduate students in attendance at the respective university for the fall and spring semester. Each university will also be required to report an out-of-state undergraduate student policy and how that policy was enacted by each university. The report will be required to be submitted to the Governor and each member of the General Assembly no later than September fifteenth of each year for the latest completed school year.
HISTORY: 2004 Act No. 187, Section 15, eff March 17, 2004.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 101 - Colleges And Institutions Of Higher Learning Generally › Section 59-101-430. Unlawful aliens; eligibility to attend public institution of higher learning; development of process for verifying lawful presence; eligibility for public benefits on basis of residence.

(A) An alien unlawfully present in the United States is not eligible to attend a public institution of higher learning in this State, as defined in Section 59-103-5. The trustees of a public institution of higher learning in this State shall develop and institute a process by which lawful presence in the United States is verified. In doing so, institution personnel shall not attempt to independently verify the immigration status of any alien, but shall verify any alien's immigration status with the federal government pursuant to 8 USC Section 1373(c).
(B) An alien unlawfully present in the United States is not eligible on the basis of residence for a public higher education benefit including, but not limited to, scholarships, financial aid, grants, or resident tuition.
HISTORY: 2008 Act No. 280, Section 17, eff June 4, 2008.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 101 - Colleges And Institutions Of Higher Learning Generally › Section 59-101-610. Use of funds for lump-sum bonus plans.

A public institution of higher learning may spend federal and other nonstate appropriated sources of revenue to provide lump-sum bonuses at levels outlined in a plan approved by the governing body of the respective public institution of higher learning and according to guidelines established in the plan. The public institution of higher learning must maintain documentation to show that the use of federal funds for this purpose is in compliance with federal law. This payment is not a part of the employee's base salary and is not earnable compensation for purposes of employee and employer contributions to the respective retirement systems.
HISTORY: 2005 Act No. 143, Section 1, eff June 7, 2005.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 101 - Colleges And Institutions Of Higher Learning Generally › Section 59-101-630. Funding research grant positions.

Notwithstanding any other provision of law, and in recognition and support of the opportunities for economic development presented through the expansion of research activities, a public institution of higher learning may establish research grant positions funded by federal grants, public charity grants, private foundation grants, research grants, medical school practice plans, individual private gifts, externally generated revenue for service or testing activities, and grant generated revenue or a combination of these, without regard to the authorized number of full-time equivalency (FTE) positions allocated to the public institution of higher learning, provided that:
(1) state appropriated funds must not be used to fund any portion of research grant positions. FTE positions funded solely or partially by state or other funding sources shall remain subject to the number of FTE positions authorized for each public institution of higher learning;
(2) research grant positions shall not occupy FTE positions;
(3) research grant positions may be established using other funds during the proposal development or pre-award stages of grant funding in anticipation of specific grant or project funding;
(4) research grant positions may be established for multiple years; however, research grant positions are limited to and may not exist beyond the duration of the funding for the project or grant or any subsequent renewal. At the discretion of the public institution of higher learning other funds may be used to fund continued employment between the expiration of one grant and the subsequent renewal of the same or similar grant or the award of an additional grant. When funding for the project or grant ends or is insufficient to continue payments under the conditions of the project or grant, research grant employees must be terminated and these positions must cease to exist. Research grant employees are exempt from the provisions of Sections 8-17-310 through 8-17-380;
(5) persons occupying research grant positions may be eligible for all benefits, not to exceed those benefits available to covered state employees, provided that funds are available within the grant or project or by use of grant-generated revenue;
(6) persons occupying research grant positions are employed at-will and do not have grievance rights afforded to covered state employees or faculty of the respective public institution of higher learning. Research grant employees are not entitled to compensation beyond the date of termination, other than for the part of the project or grant that has been performed; and
(7) discretionary determinations by a public institution of higher learning as to whether to hire an employee pursuant to this section are final and not subject to administrative or judicial appeal.
HISTORY: 2005 Act No. 143, Section 1, eff June 7, 2005.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 101 - Colleges And Institutions Of Higher Learning Generally › Section 59-101-640. Graduate assistant health insurance.

A public institution of higher learning may offer and fund, from any source of revenue other than state approved sources, health insurance to full-time graduate assistants according to a plan approved by the governing body of the respective public institution of higher learning.
HISTORY: 2005 Act No. 143, Section 1, eff June 7, 2005.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 101 - Colleges And Institutions Of Higher Learning Generally › Section 59-101-650. Eminent domain.

The board of trustees of a public institution of higher learning is vested with the power of eminent domain. The authority granted in this section applies only to private lands. The lands condemned must be used by the public institution of higher learning in the performance of its functions in the acquisition, construction, and operation of facilities for the public institution of higher learning, and is subject to the approval of the State Fiscal Accountability Authority or the Department of Administration, as appropriate.
HISTORY: 2005 Act No. 143, Section 1, eff June 7, 2005.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 101 - Colleges And Institutions Of Higher Learning Generally › Section 59-101-660. Annual audit and quality review process; negotiation with preapproved public accountant firms.

A public institution of higher learning may negotiate for its annual audit and quality review process with reputable certified public accountant firms selected from a list preapproved by the State Auditor's office.
HISTORY: 2005 Act No. 143, Section 1, eff June 7, 2005.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 101 - Colleges And Institutions Of Higher Learning Generally › Section 59-101-670. Transaction register of funds expended; contents; posting on website; procurement card statement information; redaction; technical consultation.

(A) Each public institution of higher learning shall maintain a transaction register that includes a complete record of all funds expended, from whatever source for whatever purpose. The register must be prominently posted on the institution's Internet website and made available for public viewing and downloading.
(1)(a) The register must include for each expenditure:
(i) the transaction amount;
(ii) the name of the payee;
(iii) the identification number of the transaction; and
(iv) a description of the expenditure, including the source of funds, a category title, and an object title for the expenditure.
(b) The register must include all reimbursements for expenses, but must not include an entry for salary, wages, or other compensation paid to individual employees.
(c) The register must not include a social security number.
(d) The register must be accompanied by a complete explanation of any codes or acronyms used to identify a payee or an expenditure.
(e) At the option of the public institution, the register may exclude any information that can be used to identify an individual employee or student.
(f) This section does not require the posting of any information that is not required to be disclosed under Chapter 4, Title 30.
(2) The register must be searchable and updated at least once a month. Each monthly register must be maintained on the Internet website for at least three years.
(B) Each public institution of higher learning shall be responsible for providing on its Internet website a link to the Internet website of any agency, other than the individual institution, that posts on its Internet website the institution's monthly state procurement card statements or monthly reports containing all or substantially all of the same information contained in the monthly state procurement card statements. The link must be to the specific webpage or section on the website of the agency where the state procurement card information for the institution can be found. The information posted may not contain the state procurement card number.
(C) Any information that is expressly prohibited from public disclosure by federal or state law or regulation must be redacted from any posting required by this section.
(D) In the event any public institution of higher learning has a question or issue relating to technical aspects of complying with the requirements of this section or the disclosure of public information under this section, it shall consult with the Office of Comptroller General, which may provide guidance to the public institution.
HISTORY: 2011 Act No. 74, Pt II, Section 2.A, eff August 1, 2011.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 102 - Athlete Agents And Student Athletes › Section 59-102-10. Citation of chapter.

This chapter may be cited as the "Uniform Athlete Agents Act of 2018".
HISTORY: 1990 Act No. 456, Section 1; 2004 Act No. 300, Section 1, eff September 8, 2004; 2018 Act No. 235 (H.3068), Section 1, eff May 17, 2018.
Effect of Amendment
The 2004 amendment rewrote this section.
2018 Act No. 235, Section 1, substituted "Uniform Athlete Agents Act of 2018" for "Uniform Athlete Agents Act of 2004".
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 102 - Athlete Agents And Student Athletes › Section 59-102-30. Service of process on nonresident agents; subpoenas; use of funds.

(A) The provisions of the Administrative Procedures Act of Chapter 23, Title 1 apply to this chapter. The Department of Consumer Affairs may promulgate regulations to effectuate the purposes of this chapter.
(B) By acting as an athlete agent in this State, a nonresident person appoints the Director of the Department of Consumer Affairs as his agent for service of process in a civil action in this State related to his acting as an athlete agent in this State.
(C) The Department of Consumer Affairs may issue subpoenas for material relevant to the administration of this chapter.
(D) All funds collected by the department pursuant to this chapter may be retained by the department and used to implement the provisions of this chapter.
HISTORY: 1990 Act No. 456, Section 1; 2004 Act No. 300, Section 1, eff September 8, 2004; 2018 Act No. 235 (H.3068), Section 1, eff May 17, 2018.
Effect of Amendment
The 2004 amendment rewrote this section.
2018 Act No. 235, Section 1, inserted (A), redesignated former (A) and (B) as (B) and (C), and added (D).
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 102 - Athlete Agents And Student Athletes › Section 59-102-40. Certificate of registration as athlete agent required; exceptions.

(A) Except as otherwise provided in subsection (B), a person may not act as an athlete agent in this State without holding a certificate of registration pursuant to Section 59-102-60 or 59-102-80.
(B) Before being issued a certificate of registration, a person may act as an athlete agent in this State for all purposes except signing an agency contract if:
(1) a student athlete or one acting on behalf of the student athlete initiates communication with the person; and
(2) within seven days after an initial act as an athlete agent, the person submits an application for registration as an athlete agent in this State.
(C) An agency contract resulting from conduct in violation of this section is void and the athlete agent shall return all consideration received pursuant to the contract.
HISTORY: 1990 Act No. 456, Section 1; 2004 Act No. 300, Section 1, eff September 8, 2004; 2018 Act No. 235 (H.3068), Section 1, eff May 17, 2018.
Comment
Effect of Amendment
The 2004 amendment rewrote this section.
2018 Act No. 235, Section 1, reenacted the section with no apparent change.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 102 - Athlete Agents And Student Athletes › Section 59-102-70. Suspension, revocation, or refusal to renew certificate of registration.

(A) The Department of Consumer Affairs may limit, suspend, revoke, or refuse to renew a registration of a person registered pursuant to Section 59-102-60(A) for conduct that would have justified denial of registration pursuant to Section 59-102-60(B).
(B) The department may suspend or revoke the registration of a person registered pursuant to Section 59-102-50(C) or renewed pursuant to Section 59-102-60(E) for any reason for which the department could have refused to grant or renew registration or for conduct that would justify refusal to issue a certificate of registration pursuant to Section 59-102-60(B).
(C) The department may suspend, refuse to renew, or revoke a person's registration if that person fails to complete at least twenty hours of continuing athlete agent education coursework biennially. The department may promulgate regulations necessary for the approval of credit hours.
HISTORY: 2004 Act No. 300, Section 1, eff September 8, 2004; 2005 Act No. 128, Section 18, eff July 1, 2005; 2018 Act No. 235 (H.3068), Section 1, eff May 17, 2018; 2021 Act No. 35 (S.685), Section 3, eff July 1, 2021.
Editor's Note
2005 Act No. 128, Section 27, provides as follows:
"This act takes effect on July 1, 2005, and applies to all licensing and administrative hearings involving the South Carolina Department of Consumer Affairs."
2021 Act No. 35, Section 7, provides as follows:
"SECTION 7. This act takes effect for each institution of higher learning in this State upon the earlier of July 1, 2022, or certification by the Attorney General to the Governor of the enactment of rules consistent with the provisions contained in this act by the institution of higher learning's collegiate governing body [July 1, 2021]. Upon certification by the Attorney General, the provisions of this act are suspended until the General Assembly takes further action."
2022 Act No. 239, Section 117.172, provides as follows:
"117.172. (GP: Name Image Likeness) For Fiscal Year 2022-23, Act 35 of 2021 in its entirety pertaining to intercollegiate athlete (NIL) name, image, or likeness is suspended."
Effect of Amendment
The 2005 amendment, in subsection (a), deleted "suspend, revoke, or"; rewrote subsection (B) relating to requests for contested case hearings by aggrieved persons; and added subsection (C) permitting the Department of Consumer Affairs to request a contested case hearing.
2018 Act No. 235, Section 1, rewrote the section.
2021 Act No. 35, Section 3, added (C).
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 102 - Athlete Agents And Student Athletes › Section 59-102-80. Temporary certificate of registration.

The Department of Consumer Affairs may issue a temporary certificate of registration as an athlete agent while an application for registration or renewal of registration is pending.
HISTORY: 2004 Act No. 300, Section 1, eff September 8, 2004; 2018 Act No. 235 (H.3068), Section 1, eff May 17, 2018.
Comment
Effect of Amendment
2018 Act No. 235, Section 1, inserted "as an athlete agent" following "certificate of registration".
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 102 - Athlete Agents And Student Athletes › Section 59-102-85. Online registry of athlete agents in good standing.

The Department of Consumer Affairs shall maintain an online, public directory of all registered athlete agents in good standing. The directory shall include each athlete agent's registration application information that is required pursuant to this chapter.
HISTORY: 2021 Act No. 35 (S.685), Section 4, eff July 1, 2021.
Editor's Note
2021 Act No. 35, Section 7, provides as follows:
"SECTION 7. This act takes effect for each institution of higher learning in this State upon the earlier of July 1, 2022, or certification by the Attorney General to the Governor of the enactment of rules consistent with the provisions contained in this act by the institution of higher learning's collegiate governing body [July 1, 2021]. Upon certification by the Attorney General, the provisions of this act are suspended until the General Assembly takes further action."
2022 Act No. 239, Section 117.172, provides as follows:
"117.172. (GP: Name Image Likeness) For Fiscal Year 2022-23, Act 35 of 2021 in its entirety pertaining to intercollegiate athlete (NIL) name, image, or likeness is suspended."
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 102 - Athlete Agents And Student Athletes › Section 59-102-90. Fees.

An application for registration or renewal of registration must be accompanied by a fee of:
(1) one thousand five hundred dollars for an initial application for registration;
(2) two thousand five hundred dollars for registration based on a certificate of registration issued by another state;
(3) seven hundred dollars for an application for renewal of registration; or
(4) one thousand dollars for renewal of registration based on a renewal of registration in another state.
HISTORY: 2004 Act No. 300, Section 1, eff September 8, 2004; 2018 Act No. 235 (H.3068), Section 1, eff May 17, 2018; 2021 Act No. 35 (S.685), Section 5, eff July 1, 2021.
Comment
Editor's Note
2021 Act No. 35, Section 7, provides as follows:
"SECTION 7. This act takes effect for each institution of higher learning in this State upon the earlier of July 1, 2022, or certification by the Attorney General to the Governor of the enactment of rules consistent with the provisions contained in this act by the institution of higher learning's collegiate governing body [July 1, 2021]. Upon certification by the Attorney General, the provisions of this act are suspended until the General Assembly takes further action."
2022 Act No. 239, Section 117.172, provides as follows:
"117.172. (GP: Name Image Likeness) For Fiscal Year 2022-23, Act 35 of 2021 in its entirety pertaining to intercollegiate athlete (NIL) name, image, or likeness is suspended."
Effect of Amendment
2018 Act No. 235, Section 1, inserted (2) and redesignated former (2) as (3), added (4), and made nonsubstantive changes.
2021 Act No. 35, Section 5, in (1), substituted "one thousand five hundred dollars" for "five hundred dollars"; in (2), substituted "two thousand five hundred dollars" for "five hundred dollars"; in (3), substituted "seven hundred dollars" for "three hundred dollars"; and in (4), substituted "one thousand dollars" for "three hundred dollars".
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 102 - Athlete Agents And Student Athletes › Section 59-102-120. Cancellation of agency contract by student.

(A) A student athlete, or if the athlete is a minor, his parent or guardian may cancel an agency contract by giving notice of the cancellation to the athlete agent in a record within fourteen days after the contract is signed.
(B) The right to cancel an agency contract provided in subsection (A) may not be waived.
(C) If a student athlete, parent, or guardian cancels an agency contract, the student athlete, parent, or guardian is not required to pay consideration under the contract or to return consideration received from the athlete agent to induce the athlete to enter into the contract.
HISTORY: 2004 Act No. 300, Section 1, eff September 8, 2004; 2018 Act No. 235 (H.3068), Section 1, eff May 17, 2018.
Comment
Effect of Amendment
2018 Act No. 235, Section 1, in (A), inserted ", or if the athlete is a minor, his parent or guardian" following "A student athlete"; rewrote (B); and in (C), inserted ", parent, or guardian" in two places and substituted "induce the athlete" for "induce the student athlete".
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 102 - Athlete Agents And Student Athletes › Section 59-102-130. Records to be maintained by athlete agent.

(A) An athlete agent shall retain the following records for a period of five years:
(1) the name and address of each person represented by the athlete agent;
(2) an agency contract entered into by the athlete agent; and
(3) direct costs incurred by the athlete agent in the recruitment or solicitation of a student athlete to enter into an agency contract.
(B) Records retained pursuant to subsection (A) are open to inspection by the Department of Consumer Affairs during normal business hours.
HISTORY: 2004 Act No. 300, Section 1, eff September 8, 2004; 2018 Act No. 235 (H.3068), Section 1, eff May 17, 2018.
Effect of Amendment
2018 Act No. 235, Section 1, in (A)(1), substituted "person" for "individual" following "address of each".
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 102 - Athlete Agents And Student Athletes › Section 59-102-140. Prohibited acts of athlete agents.

(A) An athlete agent, with the intent to induce a student athlete or, if the student athlete is a minor, a parent or guardian of the student athlete to enter into an agency contract, may not take any of the following actions or encourage another person to take or assist another person in taking any of the following actions on behalf of the athlete agent:
(1) give materially false or misleading information or make a materially false promise or representation;
(2) furnish anything of value to a student athlete before the student athlete enters into the agency contract; or
(3) furnish anything of value to an individual other than the student athlete or another registered athlete agent.
(B) An athlete agent may not intentionally do any of the following or encourage another person to do any of the following on behalf of the athlete agent:
(1) initiate contact, directly or indirectly, with a student athlete or, if the student athlete is a minor, a parent or guardian of the student athlete to recruit the student athlete, parent, or guardian to enter an agency contract unless registered pursuant to this chapter;
(2) refuse or fail to retain or permit inspection of records pursuant to Section 59-102-130;
(3) fail to register as required by Section 59-102-40;
(4) provide materially false or misleading information in an application for registration or renewal of registration;
(5) predate or postdate an agency contract; or
(6) fail to notify a student athlete or, if the student athlete is a minor, a parent or guardian of the athlete before the student athlete, parent, or guardian signs or otherwise authenticates an agency contract for a particular sport that the signing or authentication may make the student athlete ineligible to participate as a student athlete in that sport.
HISTORY: 2004 Act No. 300, Section 1, eff September 8, 2004; 2018 Act No. 235 (H.3068), Section 1, eff May 17, 2018.
Comment
Effect of Amendment
2018 Act No. 235, Section 1, rewrote the section.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 102 - Athlete Agents And Student Athletes › Section 59-102-150. Violations and penalties.

An athlete agent who violates Section 59-102-140 is guilty of a misdemeanor and, upon conviction, may be fined not more than ten thousand dollars or imprisoned for not more than three years, or both.
HISTORY: 2004 Act No. 300, Section 1, eff September 8, 2004; 2018 Act No. 235 (H.3068), Section 1, eff May 17, 2018.
Comment
Effect of Amendment
2018 Act No. 235, Section 1, reenacted the section with no apparent change.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 102 - Athlete Agents And Student Athletes › Section 59-102-160. Actions for damages; attorney's fees; accrual.

(A) An educational institution or student athlete may bring an action for damages against an athlete agent if the institution or athlete is adversely affected by an act or omission of the agent in violation of this chapter. An educational institution or student athlete is adversely affected by an act or omission of the agent only if, because of the act or omission, the institution or a person who was a student athlete at the time of the act or omission and enrolled in the institution:
(1) is suspended or disqualified from participation in an interscholastic or intercollegiate athletic event by or under the rules of a state or national federation or association that promotes or regulates interscholastic or intercollegiate sports; or
(2) suffers financial damage.
(B) A plaintiff that prevails in an action under this section may recover actual damages, punitive damages, costs, and reasonable attorney's fees. An athlete agent found liable under this section forfeits any right of payment for anything of benefit or value provided to the student athlete and shall refund any consideration paid to the agent by or on behalf of the athlete.
(C) A violation of this chapter is an unfair trade practice for purposes of the South Carolina Unfair Trade Practices Act.
HISTORY: 2004 Act No. 300, Section 1, eff September 8, 2004; 2018 Act No. 235 (H.3068), Section 1, eff May 17, 2018.
Comment
Effect of Amendment
2018 Act No. 235, Section 1, rewrote the section.