reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1660. Subsidiary loan agreements.

(A) Public agencies and hospital agencies are empowered and authorized to enter into subsidiary loan agreements. Prior to entering into a subsidiary loan agreement pursuant to this article, the county board of the project county or of the authorizing issuer, if the subsidiary loan agreement is between the authorizing issuer and a public agency or hospital agency located in its jurisdiction, shall comply with the following criteria and requirements with respect to hospital facilities located in its jurisdiction; however, the determination of the county board as to its compliance with the criteria and requirements is final and conclusive, subject only to challenge as provided in Section 44-7-1690:
(1) There is a need for the hospital facilities in the area in which the hospital facilities are to be located.
(2) No hospital facilities may be provided for any hospital agency or public agency which is not financially responsible and capable of fulfilling its obligations under the subsidiary loan agreement, including the obligations to make the payments required under the agreement, to operate, repair, and maintain at its own expense the hospital facilities, and to discharge other responsibilities as may be imposed under the subsidiary loan agreement.
(3) Adequate provision must be made for the payment of the principal of and the interest on the bonds and any necessary reserves for the payment and for the operation, repair, and maintenance of the hospital facilities at the expense of the hospital agency or public agency.
(4) The public facilities, including utilities, and public services necessary for the hospital facilities must be made available.
(5) The county board has given due consideration, upon the advice of counsel, to the impact, if any, of the bonds on the county's present or future financings.
(B) The county board may not enter into a subsidiary loan agreement to finance the acquisition, construction, expansion, equipping, or financing of any hospital facilities until approval of the agreement by the South Carolina Department of Health and Environmental Control as may be required under Article 3 of Chapter 7 of Title 44.
HISTORY: 1987 Act No. 201 Section 4.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1670. Authorization for public agencies to enter into subsidiary loan agreements with county board; county not to obligate itself.

For the purposes of this article, public agencies may enter into one or more subsidiary loan agreements with a county board to facilitate the financing, acquiring, constructing, improving, enlarging, expanding, equipping, providing, operating, and maintaining of hospital facilities located within the jurisdiction of the county board and pursuant to the subsidiary loan agreement may operate, repair, and maintain hospital facilities and pay the costs of the operation, repair, and maintenance from any funds available for the purpose and the payments required for the operation, repair, and maintenance. However, in making the agreement no county may obligate itself except with respect to any security pledged, mortgaged, or otherwise made available for the securing of the bonds and the application of the revenues from the subsidiary loan agreement nor incur a pecuniary liability or a charge against its general credit or its taxing powers.
HISTORY: 1987 Act No. 201 Section 4.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1680. Contents of subsidiary loan agreements.

The subsidiary loan agreement must contain the covenants stated in Section 44-7-1520 and may contain other terms and conditions permitted under this article for loan agreements.
HISTORY: 1987 Act No. 201 Section 4.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1690. Notice of approval of loan agreement; filing requirements; challenge of approval of loan agreements.

Notice of the approval by a county board of any intergovernmental loan agreement or subsidiary loan agreement must be published at least once in a newspaper having general circulation in each county by the respective county board prior to the execution of such agreements. With respect to a subsidiary loan agreement, the notice must set forth the action taken by the county board and the South Carolina Department of Health and Environmental Control pursuant to Section 44-7-1660. The intergovernmental loan agreement and subsidiary loan agreement must be filed with the clerk of court of the authorizing issuer and the clerk of court of the project county prior to the issuance of the bonds authorized thereby.
Any interested party may, within twenty days after the date of the publication of the notice, challenge the action taken by the county board of the authorizing issuer or the project county in approving the intergovernmental loan agreement by action de novo in the court of common pleas of the project county or the authorizing issuer.
Any interested party may, within twenty days after the date of the publication of the notice, challenge the action taken by the county board in approving the subsidiary loan agreement or the Department of Health and Environmental Control with respect to the hospital facilities by action de novo in the court of common pleas in any county where the hospital facilities are to be located.
HISTORY: 1987 Act No. 201 Section 4.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1700. Personal liability or accountability with respect to issuance of bonds.

Neither the members of the county board of the authorizing issuer or the project county nor any person executing any bonds, the intergovernmental loan agreement, or the subsidiary loan agreement is liable personally on the bonds nor subject to any personal liability or accountability by reason of the issuance of the bonds.
HISTORY: 1987 Act No. 201 Section 4.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1710. Application of provisions of article to bonds whose proceeds are to be loaned to more than one hospital agency or public agency; authority of county board of authorizing issuer.

All of the provisions of this article, except item (b) of Section 44-7-1590, are applicable to the bonds authorized by Section 44-7-1640. The county board of the authorizing issuer may, on behalf of any project county which may subsequently be a party to an intergovernmental loan agreement, undertake all actions required by the county board under this article with respect to the issuance of the bonds and adoption of the petition to the Authority required by Section 44-7-1590.
HISTORY: 1987 Act No. 201 Section 4.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1720. Cumulative effect of article; procedure for county board to carry out authorization granted by article.

This article must not be construed as a restriction or limitation upon any powers which a county might otherwise have under any laws of this State but must be construed as cumulative. The authorization granted in this article may be carried out by a county board acting at a regular or special meeting and without publication of the proceedings by a resolution to become effective upon its adoption at the meeting at which it is presented, notwithstanding any restriction, limitation, or other procedure, imposed upon the county board by any laws of this State.
HISTORY: 1987 Act No. 201 Section 4.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1810. Creation of Pee Dee Regional Health Services District.

There is hereby created a body politic and corporate to be known as the Pee Dee Regional Health Services District composed of the counties of Chesterfield, Darlington, Dillon, Florence, Marion and Marlboro (hereinafter called the district) with an office in or near the city of Florence in Florence County as determined by the board.
HISTORY: 1962 Code Section 32-904.11; 1973 (58) 109.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1820. Membership of board of directors.

The corporate powers and duties of the district shall be exercised and performed by a board of directors (hereinafter called the board) to be composed of four members from Florence County, three members from Darlington County, two members each from Chesterfield, Dillon, Marion and Marlboro Counties appointed by the Governor upon recommendation of the legislative delegations of the respective counties, including resident Senators if any.
HISTORY: 1962 Code Section 32-904.12; 1973 (58) 109.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1830. Terms of office of members of board.

The term of office of the members of the board shall be six years. The initial terms however shall be adjusted in the following manner:
At the first meeting of the board, the initial terms of the eighteen representatives from the six counties shall be determined by lot with six of the members to serve a term of six years, six of the members to serve a term of four years, and six of the members to serve a term of two years. The Secretary of State shall be notified as to the terms established by lot.
The term of each member shall expire on the January first nearest to the end of the term of years for which he is appointed or as otherwise provided in the foregoing provisions; provided, that each member shall serve until his successor is appointed and qualified.
HISTORY: 1962 Code Section 32-904.13; 1973 (58) 109.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1840. Meetings of board.

The board shall meet upon the call of its chairman, but not less frequently than one time in each three calendar month period.
HISTORY: 1962 Code Section 32-904.14; 1973 (58) 109.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1850. Officers of board; compensation of members.

The board, at its initial meeting, shall elect one of its members as chairman, one as vice-chairman, and one as secretary.
The officers shall serve for a term of two years and until their successors are elected and qualify. Members of the board shall serve without compensation, but shall be reimbursed for actual expenses incurred while in the performance of authorized duties.
HISTORY: 1962 Code Section 32-904.15; 1973 (58) 109.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1860. Powers and duties of board.

The board shall have the following powers and duties:
(1) Have perpetual succession.
(2) Adopt, use and alter a corporate seal.
(3) Make bylaws for the management and regulation of its affairs, and define a quorum for its meetings.
(4)(a) To acquire, by purchase or otherwise, any real property for any authorized use;
(b) To acquire by purchase or otherwise personal property deemed by it to be necessary and to dispose of such property when in its judgment, it is in the best interest of the district.
(5) Deposit and withdraw moneys realized from the sale of revenue bonds issued pursuant to provisions herein, and to expend the moneys in the manner prescribed by the proceedings authorizing the issuance of the revenue bonds.
(6) Deposit moneys derived from revenue producing facilities or services in any bank or trust company having an office within the district and withdraw the moneys for district purposes.
(7) Build, maintain and equip and operate regional health care facilities or any other hospital or health care related facility in its charge under such rules and regulations as the board may from time to time promulgate.
(8) Provide for the operation of its regional health care facilities or any other hospital or health care related facility in its charge.
(9) Exercise the power of eminent domain in accordance with Chapter 5, Title 28.
(10) Appoint personnel and prescribe the duties of such, fix their compensation and determine if and to what extent they shall be bonded for the faithful performance of their duties.
(11) Employ technical or professional services as may be desirable to the performance of the duties in the district.
(12) Apply for moneys from any source, public or private, made available by grant or loan or both for the purposes of the district. All Federal moneys accepted under such terms and conditions as are prescribed by the United States and as are consistent with State law, and all other moneys accepted under this section shall be accepted and expended by the board upon such terms and conditions as are prescribed by the State or other sources thereof.
(13) To take such action as may be necessary to carry out the purposes of this article.
HISTORY: 1962 Code Section 32-904.16; 1973 (58) 109.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1870. Board may borrow money and make and issue bonds and notes.

The board may borrow money and make and issue negotiable bonds, notes and other evidences of indebtedness payable solely from the revenue derived from the operation or lease of any revenue-producing facility in its charge. The sums borrowed shall be used to pay costs incident to the purposes of this article. Neither the faith nor credit of the district shall be pledged to the payment of the principal and interest of the obligations, and there shall be on the face of such obligation a statement, plainly worded, to that effect. Neither the members of the board nor any person signing the obligation shall be personally liable thereon. The board may:
(1) Provide that such bonds, notes or other evidence of indebtedness be payable, both as to principal and interest, from the net revenues derived from the district of any revenue-producing facility, as such net revenues may be defined by the board;
(2) Covenant and agree that, upon its being adjudged in default as to the payment of any installment of principal and interest upon any obligation issued by it or in default as to the performance of any covenant or undertaking made by it, in such event the principal of all obligations of such issue may be declared forthwith due and payable, notwithstanding that any of them may not have then matured.
(3) Confer upon a corporate trustee the power to make disposition of the proceeds from all borrowing and also all revenues derived from the operation of the revenue-producing facility whose revenues are pledged for the payment of such obligations, in accordance with and in the order of priority prescribed by resolutions adopted by the board as an incident to the issuance of any notes, bonds or other evidences of indebtedness;
(4) Dispose of its obligations at public or private sale and upon such terms and conditions as it shall approve;
(5) Covenant and agree that any cushion fund established to further secure the payment of principal and interest of any obligation shall be a fixed amount;
(6) Covenant and agree that it will not enter into any agreements with any person or with the State, the United States or any of their political subdivisions for the furnishing of free services where such services are ordinarily charged for;
(7) Prescribe the procedure, if any, by which the terms of the contract with the holders of its obligations may be amended, the number of obligations whose holders must consent thereto, and the manner in which such consent shall be given; and
(8) Prescribe the evidences of default and conditions upon which all or any obligation shall become or may be declared due before maturity, and the terms and conditions upon which such declaration and its consequences may be waived.
HISTORY: 1962 Code Section 32-904.17; 1973 (58) 109.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1880. Disposition of revenues.

All revenues derived by the district from the operation of any revenue-producing facility which may not be required to discharge covenants made by it in issuing bonds, notes or other obligations as authorized herein shall be held, disposed of or expended by the board for purposes germane to the functions and purposes of the district.
HISTORY: 1962 Code Section 32-904.18; 1973 (58) 109.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1890. Property and income of district shall be exempt from taxes.

Property and income of the district shall be exempt from all taxes levied by the State, county or any municipality, political subdivision or agency thereof, direct or indirect.
HISTORY: 1962 Code Section 32-904.19; 1973 (58) 109.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1900. Powers granted not diminished while district is indebted.

So long as the district shall be indebted to any person on any bonds, notes or other obligations issued pursuant to the authority of this article, provisions of this article and the powers granted to the district shall not be in any way diminished, and the provisions of this article shall be deemed a part of the contract between the district and the holders of such obligations.
HISTORY: 1962 Code Section 32-904.20; 1973 (58) 109.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1910. Cooperation with other agencies; appointment of ex officio directors.

In carrying out its committed function of planning, establishing, financing, developing, constructing, enlarging, improving, maintaining, equipping, operating, regulating, protecting, policing or in other ways assisting in the development of nonprofit hospitals and health care related facilities, the district board will work closely with individual hospitals and other health care institutions. Where the district is assisting an individual hospital or institution in any of the ways identified herein, the chairman or president of the board of trustees of the hospital or institution and one other member of the board of trustees designated by the respective board shall be named ex officio members of the board of directors of the district. These ex officio members shall serve without vote for the duration of the contractual relationships of the respective institutions with the district, or until a successor is named and qualifies.
The board of directors of the district shall have the right and privilege of appointing other ex officio directors for the purpose of availing itself of specialized talents, knowledge or counsel. The term of appointment shall be as determined by the board of directors at its discretion.
HISTORY: 1962 Code Section 32-904.21; 1973 (58) 109.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-2010. Authority for counties to form regional health services districts.

Any county or group of contiguous counties, any municipality or group of contiguous municipalities located within their boundaries, or any county or group thereof, and any municipalities located within their boundaries, may form a health services district by enactment of the governing body of the county or municipality or by joint enactment of the governing bodies of the counties and municipalities desiring to create a health services district pursuant to the provisions of the South Carolina Education Improvement Act of 1984. The enactment shall designate the name of the health services district and shall declare it to be a body politic and corporate within the counties and municipalities so designated.
HISTORY: 1976 Act No. 490 Section 1; 1984 Act No. 512, Part II, Section 35B Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-2020. Board of directors; appointment of members.

The corporate powers and duties of the district shall be exercised by a board of directors (board) of that number of members as the enactment directs to be filled by residents of the respective authorizing political subdivisions in the district, as provided in the enactment, so as to provide for reasonable representation from each county or municipality in the district. Board members shall be appointed by the governing body of the authorizing political subdivision as to the respective seats provided for the subdivision.
HISTORY: 1976 Act No. 490 Section 2; 1984 Act No. 512, Part II, Section 35B Section 2.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-2030. Members of board of directors; terms and vacancies.

The terms of office of the members of the board are for the length of time set forth in the enactment of the health services district but not to exceed six years. Initial terms must be established so that the terms of members of the board must expire on a staggered basis. Terms of board members must expire on a uniform date set forth in the enactment creating the health services district, provided, that each member shall serve until his successor is appointed and qualifies. Any vacancy shall be filled in the same manner as the original appointment for the unexpired portion of the term. A copy of the enactments of the respective counties or municipalities creating a health services district must be filed with the Secretary of State. The Secretary of State must be notified of the method established for staggering the terms of members of the board.
HISTORY: 1976 Act No. 490 Section 3; 1984 Act No. 512, Part II, Section 35B Section 3.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-2050. Officers of board of directors; compensation; term of office.

The board, at its initial meeting, shall elect one of its members as chairman, one as vice-chairman, and one as secretary.
The officers shall serve for a term of two years and until their successors are elected and qualify. Members of the board shall serve without compensation, but shall be reimbursed for actual expenses incurred while in the performance of authorized duties.
HISTORY: 1976 Act No. 490 Section 5.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-2070. Authority for board of directors to borrow money and issue bonds.

The board may borrow money and make and issue negotiable bonds, notes and other evidences of indebtedness payable solely from the revenue derived from the operation or lease of any revenue-producing facility in its charge. The sums borrowed shall be used to pay costs incident to the purposes of this article. Neither the faith nor credit of the district shall be pledged to the payment of the principal and interest of the obligations, and there shall be on the face of such obligation a statement, plainly worded, to that effect. Neither the members of the board nor any person signing the obligation shall be personally liable thereon. The board may:
(1) Provide that such bonds, notes or other evidence of indebtedness be payable, both as to principal and interest, from the net revenues derived from the district of any revenue-producing facility, as such net revenues may be defined by the board;
(2) Covenant and agree that, upon its being adjudged in default as to the payment of any installment of principal and interest upon any obligation issued by it or in default as to the performance of any covenant or undertaking made by it, in such event the principal of all obligations of such issue may be declared forthwith due and payable, notwithstanding that any of them may not have then matured.
(3) Confer upon a corporate trustee the power to make disposition of the proceeds from all borrowing and also all revenues derived from the operation of the revenue-producing facility whose revenues are pledged for the payment of such obligations, in accordance with and in the order of priority prescribed by resolutions adopted by the board as an incident to the issuance of any notes, bonds or other evidences of indebtedness;
(4) Dispose of its obligations at public or private sale and upon such terms and conditions as it shall approve;
(5) Covenant and agree that any cushion fund established to further secure the payment of principal and interest of any obligation shall be a fixed amount;
(6) Covenant and agree that it will not enter into any agreements with any person or with the State, the United States or any of their political subdivisions for the furnishing of free services where such services are ordinarily charged for;
(7) Prescribe the procedure, if any, by which the terms of the contract with the holders of its obligations may be amended, the number of obligations whose holders must consent thereto, and the manner in which such consent shall be given; and
(8) Prescribe the evidences of default and conditions upon which all or any obligation shall become or may be declared due before maturity, and the terms and conditions upon which such declaration and its consequences may be waived.
HISTORY: 1976 Act No. 490 Section 7.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-2080. Disposition and expenditure of revenues.

All revenues derived by the district from the operation of any revenue-producing facility other than revenues which may be required to discharge covenants made by it in issuing bonds, notes, or other obligations as authorized herein shall be held, disposed of, or expended by the board for purposes germane to the functions and purposes of the district. Any expenditure permitted by the provisions of this act pursuant to Section 44-7-2157 to be made by or on behalf of a district is considered an expenditure of operating and maintaining public hospitals and public facilities for a public purpose and no expenditure permitted by this act or any other provisions of law may be considered to be a lending of credit or a granting of public money or a thing of value or an aid of any individual, association, or corporation within the meaning of any constitution or statutory provision.
HISTORY: 1976 Act No. 490 Section 8; 1984 Act No. 512, Part II, Section 35B Section 8.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-2090. Obligations of districts not to be impaired.

So long as the district is indebted to any person on any bonds, notes, or other obligations issued pursuant to the authority of this act, the provisions of this act and the powers granted to the district are not in any way diminished, and the provisions of this act are considered a part of the contract between the district and the holders of these obligations.
All agreements and obligations undertaken and all securities issued by a district are exclusively an obligation of the district and do not create an obligation or debt of the State, any authorizing subdivision, or any other county or municipality within the meaning of any constitutional or statutory provision. The faith and credit of the State, any authorizing subdivision, or any other county or municipality must not be pledged for the payment of any securities issued by a district, nor is the State or any authorizing subdivision or any county or municipality liable in any manner for the payment of the principal of or interest on any securities of a district or for the performance of any pledge, mortgage, obligation, or agreement of any kind whatsoever, that may be undertaken by a district.
HISTORY: 1976 Act No. 490 Section 9; 1984 Act No. 512, Part II, Section 35B Section 9.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-2100. Board of directors; further duties; ex officio members.

In carrying out its committed function of planning, establishing, financing, developing, constructing, enlarging, improving, maintaining, equipping, operating, regulating, protecting, policing or in other ways assisting in the development of nonprofit hospitals and health care related facilities, the district board will work closely with individual hospitals and other health care institutions and be consistent with health plans developed under Public Law 93-641. Where the district is assisting an individual hospital or institution in any of the ways identified herein, the chairman or president of the board of trustees of the hospital or institution and one other member of the board of trustees designated by the respective board shall be named ex officio members of the board of directors of the district. These ex officio members shall serve without vote for the duration of the contractual relationships of the respective institutions with the district, or until a successor is named and qualifies.
The board of directors of the district shall have the right and privilege of appointing other ex officio directors for the purpose of availing itself of specialized talents, knowledge or counsel. The term of appointment shall be as determined by the board of directors at its discretion.
HISTORY: 1976 Act No. 490 Section 10.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-2110. Pee Dee Regional Health Services District continued.

The health services district created by Article 13 of Chapter 7 of Title 44 of the 1976 Code shall continue in existence under the provisions of such article, provided, however, that the county governing bodies of the counties named in such district shall, not later than January 1, 1977, reconstitute such district under the terms of this article and upon such reconstitution such health services districts shall exist under the terms of this article.
Each person serving on the board on March 2, 1976, shall continue to serve until his term expires unless the county he represents discontinues to be a part of the district in which case and at such time he shall cease to be a member of the board. The successor to a board member provided for in Article 13 of Chapter 7 of Title 44 shall be appointed as provided for in Section 44-7-2020 and have his initial term expire as provided for in Section 44-7-2030.
HISTORY: 1976 Act No. 490 Section 11.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-2115. Meaning of "health care facility" and "public hospital corporation."

For the purposes of the article:
(1) The term "health care facilities" means and includes those hospital facilities as defined in subsection (d) of Section 44-7-1430 of the 1976 Code;
(2) The term "public hospital corporation" means any public authority, corporation, or association or entity organized on a local or regional basis by or with the consent of any county or municipality (or any two or more counties or municipalities) and having the power to own or operate any health care facilities, including without limitation, any public corporation or authority heretofore or hereafter organized under the provisions of this article.
HISTORY: 1984 Act No. 512, Part II, Section 35C (11A).
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-2120. Exemption of districts from state and local taxes.

All properties owned by a district, whether real, personal, or mixed, and the income from the properties, all securities issued by a district and the indentures and other instruments executed as security therefor, all leases made pursuant to the provisions of this article, and all revenues derived from these leases, and all deeds and other documents executed by or delivered to a district, are exempt from any and all taxation by the State or by any county, municipality, or other political subdivision of the State, including, but without limitation, license excise taxes imposed in respect of the privilege of engaging in any of the activities in which a district may engage. A district is not obligated to pay or allow any fees, taxes, or costs to the clerk of court, the Secretary of State, or the register of deeds in any county in respect of its incorporation, the amendment of its certificate of incorporation, or the recording of any document. The gross proceeds of the sale of any property owned by the district and used in the construction and equipment of any health care facilities for a district is exempt from all other and similar excise or sales taxes. It is the express intent of this section that any district authorized under this article incurs no tax liability to the State or any of its political subdivisions except to the extent that sales and use taxes may be payable on the purchases of goods or equipment by the district.
HISTORY: 1984 Act No. 512, Part II, Section 35C (11B); 1997 Act No. 34, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-2125. Authority of public bodies to convey health care facilities and other property to districts.

Any municipality or county, any public hospital corporation, or any other public agency, authority, or body are authorized to transfer, convey to any district, with or without consideration any health care facilities or other properties, real or personal, and all funds and assets tangible or intangible, including ownership or operation of any health care facilities or properties and including funds presently held or to be held as a result of future appropriations, together with all liabilities relating to assets including hospital bonded indebtedness.
The transfer or conveyance must be authorized by an ordinance or resolution duly adopted by the governing body of the municipality or county or by the board of directors or other governing body of the public hospital corporation, or other public agency, authority, or body, as the case may be, and it is not necessary, any provision of law to the contrary notwithstanding, to obtain any certificate of need, assurance of need, or other similar permit for any transfer or conveyance. This exemption applies solely to the initial transfers following a reorganization and does in no event waive the requirement of a certificate of need after the initial transfers. In the event of the transfer of any health care facilities to the district, any hospital tax proceeds, other tax proceeds and other revenues apportioned or allocated to or for the benefit of the prior owner or operator of the health care facilities, or for the patient care at the health care facility must thereafter be paid to the district so long as the tax is levied or revenue is raised. Following the transfer, assets will not be revalued to alter public health care program reimbursement.
HISTORY: 1984 Act No. 512, Part II, Section 35C (11C).
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-2130. Districts as county agencies for operation of health care facilities; receipt of proceeds of special hospital taxes levied by authorizing subdivisions.

A district constitutes an agency of the county to operate health care facilities and shall receive the proceeds from any special public hospital tax levied by the authorizing subdivisions. The reincorporation under Article 16, Chapter 7, Title 44 of the 1976 Code of any public hospital corporation that heretofore has been designated as the agency of a county to operate and maintain public hospital facilities in the counties in no way impairs or invalidates this designation and the reincorporated public hospital corporation shall continue as such just as if it had not been so reincorporated. Nothing in this section, however, limits any rights or powers otherwise conferred upon a district pursuant to any other provision of this article or of law.
HISTORY: 1984 Act No. 512, Part II, Section 35C (11D).
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-2150. Incorporation of districts as public corporations.

Health Services Districts established pursuant to the provisions of Act 490 of 1976 may also incorporate as a public corporation in the manner provided by this article.
HISTORY: 1984 Act No. 512, Part II, Section 35D.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-2151. Meaning of "health care facility" and "public hospital corporation."

The terms "health care facilities" and "public hospital corporation" for purposes of this article have the same meanings as provided in Section 11A of Act 490 of 1976.
HISTORY: 1984 Act No. 512, Part II, Section 35D.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-2152. Application for incorporation; review and determination.

(a) In order to incorporate a district, any number of natural persons, not less than three, shall first file a written application with the governing body of any county or municipality, or any two or more counties and municipalities eligible to form a district, which application shall:
(1) recite the name of each county or municipality in the district with the governing body to which the application is being filed;
(2) contain a statement that the applicants propose to incorporate a district pursuant to the provisions of this article;
(3) state that each of the applicants is a duly qualified elector of the authorizing subdivision, or, if there is more than one, at least one subdivision thereof; and
(4) request that the governing body of the authorizing subdivision adopt a resolution declaring that it is wise, expedient, and necessary that the district be incorporated, approving its certificate of incorporation, and authorizing the applicants to proceed to incorporate the district by filing for record a certificate of incorporation in accordance with the provisions of this article.
(b) Each application must be accompanied by the certificate of incorporation of the district and by those other supporting documents the applicants may consider appropriate.
(c) As promptly as may be practicable after the filing of the application, the governing body of each authorizing subdivision with which the application is filed shall review the contents of the application and the accompanying certificate of incorporation and shall adopt a resolution either denying the application or declaring that it is wise, expedient, and necessary and thereby approving the incorporation of the district.
(d) Any public hospital or corporation may incorporate or reincorporate under the provisions of this article in the same manner as other authorities or hospitals are authorized to incorporate.
HISTORY: 1984 Act No. 512, Part II, Section 35D.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-2153. Content, execution, and filing of certificate of incorporation.

(1) Within forty days following the adoption of the authorizing resolution, the applicant shall proceed to incorporate the district by filing for record in the office of the Secretary of State a certificate of incorporation which shall comply with the requirements of this article and must be in the form and executed in the manner provided in this article.
(2) In addition to any other provisions required by this article, the certificate of incorporation of the district shall state:
(a) all information ordinarily included in the application for incorporation of corporations incorporated in this State;
(b) the name of each authorizing subdivision together with the date on which the governing body of the subdivision adopted the authorizing resolutions;
(c) the method by which the district may be dissolved and provisions relating to the vesting of title to its assets and properties upon its dissolution;
(d) any matters relating to the district that the incorporators may choose to insert that are not inconsistent with this article or with the laws of this State.
(3) The certificate of incorporation must be signed and acknowledged by each of the incorporators before a notary public.
(4) When the certificate of incorporation is filed for record, there must be attached to it:
(a) a certified copy of each authorizing resolution;
(b) a certificate by the Secretary of State that the name of the district is not identical to that of any other corporation organized under the laws of the State or so nearly similar thereto as to lead to confusion or uncertainty.
(5) Upon filing for record the certificate of incorporation and, the documents required by subsection (4), the district is incorporated and constitutes a public corporation under the name set forth in its certificate of incorporation. The Secretary of State shall record the certificate of incorporation in an appropriate manner.
(6) The Secretary of State, subject to the requirements of this article, shall prescribe the exact form of the certificate of incorporation.
HISTORY: 1984 Act No. 512, Part II, Section 35D.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-2154. Amendment of certificate of incorporation.

The certificate of incorporation of any district incorporated under the provisions of this article, as well as that of any public hospital or corporation reincorporated under the provisions of this article, may be amended only upon the board of the district adopting a resolution proposing an amendment which amendment is subject to approval of the governing body of each authorizing subdivision or may be amended upon the initiative of the governing body of each authorizing subdivision. All these duly approved amendments must be filed with the Secretary of State in the same manner as with the original certificate of incorporation.
HISTORY: 1984 Act No. 512, Part II, Section 35D.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-2155. Board of directors and officers.

The board of directors and officers of the district as selected in the manner specified in Act 490 of 1976 also constitute the board of directors and officers of the district when incorporated.
HISTORY: 1984 Act No. 512, Part II, Section 35D.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-2156. Absence of outstanding obligations as prerequisite for dissolution.

At any time when the district does not have any securities outstanding and when there are no other obligations assumed by the district that are then outstanding, the district may be dissolved in accordance with its articles of incorporation.
HISTORY: 1984 Act No. 512, Part II, Section 35D.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-2157. Additional powers of districts upon incorporation.

Upon incorporation, the district has the following powers which are in addition to those powers, duties, and authority conferred upon it by Act 490 of 1976:
(1) To lease or otherwise make available any health care facilities or other of its properties and assets under such terms and conditions as the board considers appropriate.
(2) To provide instruction and training for and to contract for the instruction and training of nurses, technicians, and other technical, professional, and paramedical personnel.
(3) To affiliate with and to contract to provide training and clinical experience for students of other institutions.
(4) To contract for the operation of any department, section, equipment, or holdings of the district and to enter into those contracts which, in its judgment, are in the best interest of the district.
(5) To assume any obligations of any entity that conveys and transfers to the district any health care facilities or other property or interests therein.
(6) To make any expenditure of any monies under its control that would be considered as ordinary and necessary expenses of the district within the meaning of state and federal taxation laws.
(7) To provide scholarships for students in training for work in the duties peculiar to health care.
(8) To enter into affiliation, cooperation, territorial management, or other similar agreements with other institutions for the sharing, division, allocation, or exclusive furnishing of services, referral of patients, management of facilities, and other similar activities.
Nothing contained in this article may be considered to affect or alter the existing laws as they relate to the rights, privileges, medical staff membership, or remedies of physician members of the medical staff of hospitals, hospital facilities, or health care facilities. No district has the power to levy taxes.
HISTORY: 1984 Act No. 512, Part II, Section 35D.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-2310. Agreements by public service districts furnishing clinical medical services.

The governing body of any public service district whose principal function is to furnish clinical medical services is authorized to enter into agreements with other political subdivisions, or with nonprofit providers of emergency health services or other health care, including specifically, but not limited to, emergency service agencies, rescue squads and sole provider health care facilities, to provide for joint programs and otherwise cooperate in the delivery of medical and medical related services and the more complete utilization of district property within the boundaries of the district. Such agreements may include provisions:
(1) To provide or assist in providing emergency ambulance service within the boundaries of the district.
(2) To provide emergency ambulance vehicles and emergency medical equipment and facilities to house such vehicles and equipment.
(3) To provide training for emergency medical technicians and facilities for the conduct of such training.
(4) To assist in delivery of medical care to indigent residents of the district or payment to other providers of medical care to indigent residents of the district not otherwise compensated for and within the limit of available funds.
(5) To the extent that lands or facilities of the district are not presently needed or utilized for the operation of a medical clinic or for providing other services authorized to be provided by the district, the district shall be authorized to make available to local governments, including counties, municipalities and other special service districts, those lands or facilities not currently required by the district, to be used by such local governments to provide public facilities and services considered desirable for and in the best interest of the area served by the district.
HISTORY: 1981 Act No. 14, Section 2.