reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 67 - Transportation Of Pupils; School Buses › Section 59-67-520. Transportation of handicapped persons.

Notwithstanding the provisions of Sections 59-33-50, 59-67-420 and 59-67-510, the State Department of Education shall have the responsibility for transporting handicapped persons of lawful school age to and from the nearest school in which a handicapped pupil has been duly assigned. Additionally, when a school district is providing classes for handicapped persons between the ages of five and twenty-one years at the same location where classes and programs are provided for handicapped persons under age five and over age twenty-one, and when a cost reduction will result, the Department may enter into a reciprocal agreement with the facility whereby certain handicapped persons between the ages of five and twenty-one years may be transported on buses not owned by the Department and certain handicapped persons under age five and over age twenty-one may be transported on Department owned buses.
HISTORY: 1975 (59) 111; 1980 Act No. 406, Section 1.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 67 - Transportation Of Pupils; School Buses › Section 59-67-530. Expenses of operation of State and locally owned buses.

The Board shall be responsible for all expenses of operation of State-owned buses and for the replacement of obsolete equipment. The State shall assume no obligation whatever for the expenses of operating buses owned by local or county school agencies, except as provided in Section 59-67-460.
HISTORY: 1962 Code Section 21-839.5; 1952 Code Section 21-839.5; 1951 (47) 546.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 67 - Transportation Of Pupils; School Buses › Section 59-67-535. Use of boats for transportation of school children from Sandy Island to transport residents.

Boats operated by the State Department of Education for transportation of school children from Sandy Island to mainland schools also may be used to transport, on a space available basis only, any Sandy Island resident. A person requesting boat transportation shall present his residence verification to the employee or representative of the State Department of Education who is in charge of the particular boat.
The term "resident" as used herein means a person with an official residential address on Sandy Island.
Use of these boats by residents shall be only on a space available basis and only at such time as the boat is being otherwise operated on official business. School children in every case shall be given priority of carriage. Provided, that other trips on the Sandy Island boat may be approved by the county school district, in which case the operations, logistics, and all costs shall be borne by the school district to the extent that funds are available. The school district may contract with a third party to operate the ferry and manage the logistics associated with the other trips. Persons who are not residents of Sandy Island may be allowed to be transported by the boat when accompanied by a resident.
Any person authorized for transportation pursuant to the provisions of this section shall, prior to boarding, execute a "covenant not to sue" the State of South Carolina or any agency thereof, on a form approved by the State Department of Education.
Nothing in this section shall be construed as a waiver of the state's general immunity from liability and suit.
HISTORY: 1981 Act No. 51, Section 1; 2009 Act No. 17, Section 1, eff May 14, 2009.
Effect of Amendment
The 2009 amendment rewrote this section to limit its application to Sandy Island and to allow transportation of any resident rather than only those over fifty-five or disabled or legally blind.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 67 - Transportation Of Pupils; School Buses › Section 59-67-540. Supplies and maintenance of state-owned buses; maintenance and supply stations.

The Department of Transportation shall be responsible for providing all supplies required for the operation of state-owned school buses and for maintaining them in efficient and safe mechanical condition. The department shall be reimbursed periodically by the State Board of Education for expenditures incident to the operation and maintenance of buses, but no charge by, or reimbursement to, the Department of Transportation shall be made except to cover direct and additional expenses incurred by the department on account of the performance of this service. Provided, however, that the Board of Education shall have authority to establish and operate maintenance and supply stations, on an experimental or permanent basis, if it should be determined to be of advantage to the State, and in connection therewith to acquire real property by purchase or lease.
HISTORY: 1962 Code Section 21-839.6; 1952 Code Section 21-839.6; 1951 (47) 546; 1958 (50) 1721; 1993 Act No. 181, Section 1577.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 67 - Transportation Of Pupils; School Buses › Section 59-67-545. Parents and other adult school volunteers or employees authorized to ride route school buses on space available basis.

Parents and other adult school volunteers or employees may ride route school buses on a space available basis. Parents and other adults also may ride school buses in conjunction with special programs that are sponsored by the local school district. This use of route school buses shall be in accordance with local school district board policies and programs.
School districts may not re-route school buses in order to accommodate the pickup of adults authorized to ride school buses as provided by this section. The State is not responsible for any costs associated with parents and other adults riding school buses in conjunction with special programs. The provisions of this section shall not be construed as a waiver or abrogation of the state's limited immunity from liability and suit under the State Tort Claims Act.
HISTORY: 1997 Act No. 104, Section 1.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 67 - Transportation Of Pupils; School Buses › Section 59-67-550. Installment purchase of maintenance shops.

The State Board of Education is authorized to enter into an installment payment agreement with any political subdivision offering to convey real property to the Board for use as a school bus maintenance shop, whereby payments for such property may be extended over a period of not more than ten years.
HISTORY: 1962 Code Section 21-839.7; 1959 (51) 599.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 67 - Transportation Of Pupils; School Buses › Section 59-67-570. Rules and regulations.

The State Board of Education may adopt such rules and regulations as may be necessary to carry out the intent and purposes of this article. Such rules and regulations shall have the full force and effect of law. But rules and regulations that affect the functions of the Department of Public Safety under this article or the operation of buses on the highways shall be adopted only jointly with the Department of Public Safety.
HISTORY: 1962 Code Section 21-839.9; 1952 Code Section 21-839.7; 1951 (47) 546; 1993 Act No. 181, Section 1578.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 67 - Transportation Of Pupils; School Buses › Section 59-67-580. Replacement cycle; funding.

(A) With funds appropriated by the General Assembly for school bus purchases, the State Board of Education shall implement a school bus replacement cycle to replace approximately one-fifteenth of the fleet each year with new school buses, resulting in a complete replacement of the fleet every fifteen years. These funds must not be used for school bus maintenance or fuel.
(B) With funds appropriated by the General Assembly for transportation grant programs, the department shall establish a grant program to fund transportation of students to alternate public schools including, but not limited to, vocational second and third choice schools, magnet schools, montessori schools, international baccalaureate schools, and English as a second language schools. Those districts having alternate public schools may apply to the department for grant funds to pay for the additional cost of transporting students to these schools. If funds are not appropriated by the General Assembly for this purpose, then neither the State nor a local school district is required to assume this obligation.
HISTORY: 2007 Act No. 79, Section 7, eff June 7, 2007.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 67 - Transportation Of Pupils; School Buses › Section 59-67-585. Use of biodiesel fuel.

The State Department of Education, when feasible, shall utilize biodiesel fuel as an energy source to power the state school bus fleet.
HISTORY: 2007 Act No. 79, Section 8, eff June 7, 2007.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 67 - Transportation Of Pupils; School Buses › Section 59-67-720. Payment of premiums.

The premiums on all insurance contracts procured under the authority of Section 59-67-710 shall be paid out of the annual appropriation for transportation operated by the State Board of Education. Such premiums shall be considered a part of the general expenses of operating school bus transportation.
HISTORY: 1962 Code Section 21-840.1; 1953 (48) 396.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 67 - Transportation Of Pupils; School Buses › Section 59-67-730. Counties and other political subdivisions prohibited from providing supplemental benefits on state-owned buses.

No county or other political subdivision shall supplement the benefits provided in this article by the procuring of insurance or by any other means on State-owned buses.
HISTORY: 1962 Code Section 21-840.2; 1953 (48) 396.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 67 - Transportation Of Pupils; School Buses › Section 59-67-740. Contracts of insurance on county and district-owned and contract buses.

County and district boards of education owning school buses are directed to provide the same insurance coverage for the lawful occupants of a county or district-owned bus as is provided for the lawful occupants of a State-owned school bus under Section 59-67-710. County and district boards of education are further directed to see that this same insurance coverage is provided for all lawful occupants of any contract vehicle operated under contract with such county and district boards of education.
HISTORY: 1962 Code Section 21-840.3; 1953 (48) 396.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 67 - Transportation Of Pupils; School Buses › Section 59-67-760. Waiver of claim against bus driver.

The acceptance of any payment or the bringing of any action authorized by this article shall constitute a waiver of any liability that might otherwise exist on the part of the driver of any State-owned school bus operated under the authority of Article 3 of this chapter.
HISTORY: 1962 Code Section 21-840.5; 1953 (48) 396.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 67 - Transportation Of Pupils; School Buses › Section 59-67-765. Waiver of sovereign immunity up to limits of insurance coverage.

For the purpose of this article, the doctrine of sovereign immunity for the State is hereby waived up to the limits of the insurance coverage specified therein.
HISTORY: 1977 Act No. 215, Section 3.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 67 - Transportation Of Pupils; School Buses › Section 59-67-770. State's immunity not waived.

Nothing in this article shall be construed as a waiver of the State's general immunity from liability and suit beyond the limits of the insurance coverage specified therein.
HISTORY: 1962 Code Section 21-840.6; 1953 (48) 396; 1977 Act No. 215, Section 4.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 67 - Transportation Of Pupils; School Buses › Section 59-67-780. Rules and regulations.

The Director of the Sinking Funds and Property Division of the State Department of Administration may promulgate any rules or regulations or set up any procedure which will, in his judgment, clarify the provisions or facilitate the purposes of this article.
HISTORY: 1962 Code Section 21-840.7; 1953 (48) 396.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 67 - Transportation Of Pupils; School Buses › Section 59-67-790. Pupil Injury Insurance Fund.

There is hereby created a fund to be administered by the Director of the Division of General Services to provide major medical benefits for bodily injuries to school bus passengers when the cost exceeds the benefits provided for in subsection (1)(a) of Section 59-67-710 of the 1976 Code. No claim shall exceed fifty thousand dollars for any one person for any one accident.
The Director of the Division of General Services shall pay into the Pupil Injury Insurance Fund that portion of the premiums charged to the State Department of Education for providing insurance covering buses he deems necessary to maintain the Pupil Injury Insurance Fund at an actuarially sound level sufficient to pay the benefits authorized by this section.
No payment from the Pupil Injury Insurance Fund shall be permitted when other insurance benefits or workers' compensation is available to pay such cost or where no charge is made for treatment. Whoever shall file a claim for payment from the Pupil Injury Insurance Fund shall at the same time file an affidavit swearing under oath that the requested claim is not covered by other insurance benefits or workers' compensation to be received for that claim; provided, this shall not apply to any injured school bus passenger who receives, for bodily injuries, an amount not exceeding three thousand dollars under Section 59-67-710(1)(b) of the 1976 Code.
Any recovery from the State or governmental entity under Chapter 78 of Title 15 of the 1976 Code shall be reduced by the sum received pursuant to this section. In any recovery from a third party, the State shall have a right of subrogation for recovery of payments pursuant to this section.
The Director of the Division of General Services, with the approval of the Department of Administration, shall promulgate such rules and regulations as may be necessary to carry out the provisions of this section.
HISTORY: 1962 Code Section 21-840.8; 1974 (58) 2608; 1977 Act No. 215, Section 2; 1986 Act No. 463, Section 5.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 69 - School Funds Generally › Section 59-69-10. State Treasurer may invest certain fund received from United States Government.

The State Treasurer may invest the fund received by him pursuant to an act entitled "An Act to Authorize the State Treasurer to Receive from the United States Government a Certain Fund and to Hold the Same Subject to the Uses Declared by an Act of Congress," approved February 20, 1907, as amended by an act approved February 25, 1908, in bonds or stocks of the State, in loans secured by like bonds or stock of the State or in bonds of any county, school district or municipality within the State and shall hold the same subject to the trust and uses in said act of Congress designated, and the State Treasurer may, in making such investments, pay the market value for bonds, whether the same be above par or not.
HISTORY: 1962 Code Section 21-901; 1952 Code Section 21-901; 1942 Code Section 5393; 1932 Code Section 5279; Civ. C. '22 Section 2539; 1914 (28) 742; 1917 (30) 340.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 69 - School Funds Generally › Section 59-69-20. State Treasurer shall hold certain property and moneys for educational purposes.

The State Treasurer shall take and hold in trust for the State any grant or devise of lands and any gift or bequest of money or other personal property made to him for educational purposes, all gifts to the State when the purpose is not designated, all escheated property, the net assets or funds of all estates or copartnerships in the hands of the courts of the State when there have been no claimants for the same within the last seventy years and other money that came into the State Treasury by reason of the twelfth section of an act entitled "An Act to Provide a Mode of Distribution of the Moneys as Collected as Direct Tax from the Citizens of this State by the United States, and Turned Over in Trust to the State of South Carolina," approved December 24, 1891 (Acts 1891, p. 1067), together with such other means as the General Assembly may provide. For faithful management of all property so received the State Treasurer shall be responsible upon his bond to the State as for other funds received by him in his official capacity.
HISTORY: 1962 Code Section 21-902; 1952 Code Section 21-902; 1942 Code Section 5392; 1932 Code Section 5278; Civ. C. '22 Section 2538; Civ. C. '12 Section 1702; Civ. C. '02 Section 1178; 1896 (22) 150; 1917 (30) 384; 1942 (42) 1444.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 69 - School Funds Generally › Section 59-69-30. State school fund.

The State Treasurer shall from time to time invest in bonds of this State or of the United States or in bonds of any county, school district or municipality within the State all such money in the name of the State as a permanent State school fund and shall pay out the income derived therefrom to the counties of the State as the same may be apportioned among the counties by the State Board of Education. But no disposition shall be made of any property, grant, devise, gift or bequest inconsistent with the purposes, conditions or terms thereof.
HISTORY: 1962 Code Section 21-903; 1952 Code Section 21-903; 1942 Code Section 5392; 1932 Code Section 5278; Civ. C. '22 Section 2538; Civ. C. '12 Section 1702; Civ. C. '02 Section 1178; 1896 (22) 150; 1917 (30) 384; 1942 (42) 1444.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 69 - School Funds Generally › Section 59-69-40. Funds given to State Superintendent for educational purposes.

The State Superintendent of Education shall take and hold in trust for the State any grant or devise of lands and any gift or bequest of money or other personal property made to him for educational purposes and he shall pay into the State Treasury, for safekeeping and investment, all moneys and incomes from property so received. The State Treasurer shall, from time to time, invest all such moneys in the name of the State and shall pay to the State Superintendent of Education, on the warrant of the Comptroller General, the income or principal thereof as he may, from time to time, require; provided, that no disposition shall be made of any grant, devise, gift or bequest inconsistent with the conditions or terms thereof. For all such property the State Treasurer shall be responsible on his bond as for other funds received by him in his official capacity.
HISTORY: 1962 Code Section 21-904; 1952 Code Section 21-904; 1942 Code Section 3185; 1932 Code Section 3185; Civ. C. '22 Section 879; Civ. C. '12 Section 800; Civ. C. '02 Section 723; G. S. 583; R. S. 641; 1878 (16) 575.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 69 - School Funds Generally › Section 59-69-110. Authorization for creation of reserve fund to place schools on cash basis.

In any county in this State in which the schools have not funds sufficient to pay all claims in cash the county board of education may, at its discretion, direct the county superintendent of education to set aside from the school funds of the county, or any of the school districts, an amount annually not in excess of ten per cent of such funds, for so many years as may be necessary to create a sufficient fund to put the schools of such county or any of the school districts on a cash basis.
HISTORY: 1962 Code Section 21-941; 1952 Code Section 21-941; 1942 Code Section 5372; 1932 Code Section 5428; Civ. C. '22 Section 2693; Civ. C. '12 Section 1807; 1902 (24) 1019; 1931 (37) 364.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 69 - School Funds Generally › Section 59-69-120. Use of reserve fund.

Whenever any such reserve fund reaches an amount sufficient to put the county or school district, as the case may be, on a cash basis, the fund may be used for said purpose. And in each year during the time necessary to create such reserve fund, the county superintendent of education shall use the fund accumulated as a loan, without interest, to pay claims held by teachers to whom pay certificates were originally issued, the funds so used to be replaced annually from taxes collected for school purposes.
HISTORY: 1962 Code Section 21-943; 1952 Code Section 21-943; 1942 Code Section 5373; 1932 Code Section 5429; Civ. C. '22 Section 2694; Civ. C. '12 Section 1808; 1902 (23) 1020.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 69 - School Funds Generally › Section 59-69-210. Prerequisites to payment of claims.

Every claim which is chargeable against the fund raised for the support of the free public schools of the State, except such as is otherwise provided for by law, must be signed by at least a majority of the board of trustees of the school district against which the claim is chargeable, and the correctness and legality of the same shall be sworn to and subscribed by the person presenting such claim before it shall be approved by the person or persons authorized by law to give such approval. The oath required by this section may be administered by any person authorized to administer oaths either within or without the State. School trustees and county superintendents of education shall, free of charge, administer oaths to persons presenting claims under this section.
HISTORY: 1962 Code Section 21-951; 1952 Code Section 21-951; 1942 Code Section 5355; 1932 Code Section 5381; Civ. C. '22 Section 2627; Civ. C. '12 Section 1758; Civ. C. '02 Section 1216; 1896 (22) 165; 1940 (41) 1843; 1943 (43) 2; 1946 (44) 1383.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 69 - School Funds Generally › Section 59-69-215. Treasurer of county to disburse funds to school district.

Notwithstanding the provisions of this article, the treasurer of any county shall disburse to any school district within his county any funds which he may have on hand available for use in the operation of the school district; provided, the governing body of the school district requests disbursement to the school district funds as they become available and; provided, further, that the governing body of the county concurs in the request made by the district. Upon receipt of the school district funds, it may maintain its own bank account for the purpose of making disbursement for the payment of expenses approved by the governing body of the district. Funds received by the school district from the county treasurer which are not needed for immediate disbursement may be invested by the district in interest bearing accounts or certificates of deposit issued by banking institutions or savings and loan associations licensed to do business in this State or in securities issued by or guaranteed by the United States Government. Upon establishing the disbursement method from the county treasurer to the district, the disbursement by the county treasurer shall continue to the district as funds become available unless the procedure is rescinded by action of the governing body of the district or the county governing body.
HISTORY: 1982 Act No. 417, Section 2.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 69 - School Funds Generally › Section 59-69-220. Approval of warrants by county superintendent of education or his agent.

No school warrants issued by any board of school trustees against any public school fund shall be paid by the county treasurer or other officer having the custody of such fund until the warrant has been approved by the county superintendent of education of the county in which such warrant is drawn or by such person in the office of such county superintendent as may be designated by him in writing, provided the person designated shall have furnished good and sufficient bond payable to the county for the faithful performance of his duties in the sum of one thousand dollars or in the sum of the bond of the county superintendent of education, whichever is higher.
HISTORY: 1962 Code Section 21-954; 1952 Code Section 21-954; 1942 Code Section 5356; 1932 Code Section 5382; Civ. C. '22 Section 2628; Civ. C. '12 Section 1759; 1909 (26) 132; 1946 (44) 1563; 1947 (45) 280.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 69 - School Funds Generally › Section 59-69-230. Payments from school funds.

All moneys disbursed by any county treasurer on account of school funds or taxes shall be paid on the order of the board of school trustees, countersigned by the county superintendent of education, or as otherwise directed by law.
HISTORY: 1962 Code Section 21-957; 1952 Code Section 21-957; 1942 Code Section 5368; 1932 Code Section 5397; Civ. C. '22 Section 2641; Civ. C. '12 Section 1773; Civ. C. '02 Section 1224; 1896 (22) 165; 1917 (30) 342.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 69 - School Funds Generally › Section 59-69-240. County treasurer required to report monthly to county superintendent of education.

Each county treasurer shall report monthly, on the fifteenth day of each month, to the county superintendent of education of his county the amount of collections and disbursements made by him for the month on account of school tax and all other school funds. It shall be a misdemeanor on the part of any county treasurer to neglect, fail or refuse to make such report and, on conviction thereof, he shall pay a fine of not more than five hundred dollars to be used for school purposes in his county.
HISTORY: 1962 Code Section 21-959; 1952 Code Section 21-959; 1942 Code Section 5367; 1932 Code Section 5396; Civ. C. '22 Section 2640; Civ. C. '12 Section 1772; Civ. C. '02 Section 1223; 1896 (22) 165.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 69 - School Funds Generally › Section 59-69-250. Treasurer required to carry forward unexpended balances; report.

The county treasurer shall carry forward all sums in his hands collected for any previous year or years for school purposes and unexpended to the next fiscal year and credit the same to the school districts respectively, for which they were apportioned. He shall report such sums to the county superintendent of education.
HISTORY: 1962 Code Section 21-960; 1952 Code Section 21-960; 1942 Code Section 5369; 1932 Code Section 5399; Civ. C. '22 Section 2643; Civ. C. '12 Section 1775; Civ. C. '02 Section 1226; 1896 (22) 165.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 69 - School Funds Generally › Section 59-69-260. Certain officials prohibited from acquiring interest in claims or contracts.

It is unlawful for any county treasurer, county auditor, member of a county board of education, or school trustee to buy, discount, or share, directly or indirectly, or be in any way interested in any teacher's pay certificate or other order on a school fund, except those as are payable to him for his own services. If any of the above officers violate the provisions of this section, he is guilty of a misdemeanor and upon conviction must be fined not less than one hundred dollars nor more than five hundred dollars to be used for school purposes in his county or must be imprisoned not less than three months nor more than twelve months, or both. He shall also forfeit the amount of the claim or of his interest in the claim.
The provisions of this section do not prohibit a county board of education member, a school trustee, or a business with which he is associated from providing services or selling products to the district of which he is a board member or trustee as long as all these transactions are in accordance with the provisions of Chapter 13 of Title 8.
HISTORY: 1962 Code Section 21-961; 1952 Code Section 21-961; 1942 Code Section 5370; 1932 Code Sections 1555, 5400; Civ. C. '22 Section 2644; Civ. C. '12 Section 1776; Civ. C. '02 Section 1227; Cr. C. '22 Section 503; Cr. C. '12 Section 575; Cr. C. '02 Section 418; R. S. 2561; 1896 (22) 150; 1900 (23) 366; 1986 Act No. 393, Section 1.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 69 - School Funds Generally › Section 59-69-270. Borrowing to pay school claims.

The county treasurer and the county supervisor or other managing officer of the several counties in this State shall, upon the application of the county boards of education of the respective counties, borrow from time to time during any fiscal year such sums of money as may be necessary to pay the school claims of such counties, not to exceed seventy-five per cent of the amount reported by the county auditors for schools for such fiscal year. In addition thereto they may borrow not exceeding fifty per cent of the estimated receipts from the State for school aid or any other school fund that may be estimated to be paid to such county, at a rate of interest not exceeding the rate of six per cent per annum. They may pledge the taxes to be collected for that purpose or the funds to be paid therefor as security for the payment of the money so borrowed and the interest thereon. All money borrowed shall be held and paid out by the county treasurer as school funds and without extra commission.
HISTORY: 1962 Code Section 21-962; 1952 Code Section 21-962; 1942 Code Section 5371; 1932 Code Section 5427; Civ. C. '22 Section 2692; Civ. C. '12 Section 1806; 1902 (23) 1019; 1914 (28) 9; 1929 (36) 224; 1942 (42) 1454.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 71 - School Bonds › Section 59-71-20. Definitions.

As used in this article:
(1) The word "authorities" shall mean the board of trustees or the commission vested by law with the duty of operating the public schools in any particular district, unit or county of the State;
(2) The term "operating school unit" shall mean any type of school district, whether it be located in its entirety in one county or located partly in more than one county or, in case the schools of any county be operated by the county unit plan, the county;
(3) The term "capital improvements" shall mean the constructing, improving, equipping, renovating and repairing of school buildings or other school facilities or the cost of the acquisition of land whereon to construct or establish such school facilities; and
(4) The term "county board" shall mean the county board of education of the county wherein the operating school unit is located, except that when an operating school unit is located partly in one county and partly in another county such term shall in such instances relate to the county boards of education of the counties wherein the operating school unit is located.
HISTORY: 1962 Code Section 21-972; 1952 Code Section 21-972; 1951 (47) 759.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 71 - School Bonds › Section 59-71-30. Authorities of operating school units authorized to issue general obligation bonds.

The authorities of any operating school unit may issue general obligation bonds of such operating school unit for the purpose of defraying the cost of capital improvements to any amount not exceeding the constitutional debt limitation applicable to such operating school unit, if:
(1) The election required by this article as a condition precedent to the issuance of bonds results favorably thereto;
(2) The bonds are issued within three years following the holding of the election; and
(3) The county board wherein such operating school unit is located, if there is such, shall give its approval to the issuance of such bonds.
HISTORY: 1962 Code Section 21-973; 1952 Code Section 21-973; 1951 (47) 759.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 71 - School Bonds › Section 59-71-40. Election.

The election hereby required shall be ordered by the authorities, who shall fix the date thereof and prescribe the form of the notice of the holding of the election. Advices of the action thus taken by the authorities shall be transmitted to the commissioners of election for the county, or counties, wherein the election is to be held. It shall thereupon become the duty of the commissioners of election to conduct the election so ordered. To that end, the commissioners of election shall prescribe the form of ballot, arrange for voting places in each precinct, or any part of a precinct, constituting all or a portion of the operating school unit, appoint managers, and receive the returns of the election. After duly canvassing the returns, the commissioners of election shall declare the results thereof and certify such results to the authorities.
HISTORY: 1962 Code Section 21-974; 1952 Code Section 21-974; 1951 (47) 759; 1956 (49) 1680.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 71 - School Bonds › Section 59-71-50. Notice of election.

Notice of the holding of such an election shall be given by publication thereof, in some newspaper published in the county wherein the operating school unit is located, at least once not less than fifteen days prior to the occasion set for the holding of such election. If the operating school unit lies partly in one county and partly in another the publication required by this section shall be made in both counties. Such notice shall state:
(1) The occasion of the holding of the election;
(2) The location of the several polling places;
(3) The qualifications imposed upon persons desirous of voting;
(4) The amount of bonds to be issued; and
(5) A brief description of the purpose for which the proceeds of the bonds shall be applied.
HISTORY: 1962 Code Section 21-975; 1952 Code Section 21-975; 1951 (47) 759.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 71 - School Bonds › Section 59-71-60. Declaration of result of election; declaration conclusive unless contested within thirty days.

Upon the receipt of the returns of the election the authorities shall by resolution declare the results thereof and may provide for the filing of a certified copy of such resolution declaring the results of the election in the office of the clerk of the court for each county wherein the operating school unit is located. In such event the results of the election, as declared by resolution of the authorities so certified and filed, shall not be open to question except by a suit or proceeding instituted within thirty days from the date of the filing thereof.
HISTORY: 1962 Code Section 21-976; 1952 Code Section 21-976; 1951 (47) 759.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 71 - School Bonds › Section 59-71-70. Maturity of bonds.

Such bonds shall mature in such annual series or installments as the authorities shall provide, except that:
(1) The first maturing bonds shall mature within three years from the date as of which they may be issued;
(2) Not less than three per cent of the aggregate of the issue shall mature in any year; and
(3) No bond shall mature later than twenty-five years from the date as of which it may be issued.
The provisions of this section shall not prevent the authorities from issuing the aggregate of the bonds authorized by the election on one or more occasions as two or more issues.
HISTORY: 1962 Code Section 21-977; 1952 Code Section 21-977; 1951 (47) 759.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 71 - School Bonds › Section 59-71-80. Provision for redemption.

Any bond may be issued with a provision for its redemption prior to its stated maturity at par and accrued interest, plus such redemption premium as may be prescribed by the authorities, but no bond shall be redeemable before maturity unless it contains a statement to that effect. In the proceedings authorizing the issuance of such bonds, provision shall be made specifying the manner of call and the notice thereof that must be given.
HISTORY: 1962 Code Section 21-978; 1952 Code Section 21-978; 1951 (47) 759.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 71 - School Bonds › Section 59-71-90. Negotiability and registration.

The bonds issued pursuant to this article shall be in the form of negotiable coupon bonds, payable to bearer, with the privilege to the holder of having them registered as to principal on the books of the treasurer of the county wherein the operating school unit is located, in whole or in part, and the principal thus made payable to the registered holder (unless the last registered transfer shall have been to bearer) upon such conditions as the authorities may prescribe. Unless registered such bonds shall have all the qualities of negotiable instruments under the law merchant and the Uniform Commercial Code.
HISTORY: 1962 Code Section 21-979; 1952 Code Section 21-979; 1951 (47) 759.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 71 - School Bonds › Section 59-71-100. Place of payment.

The bonds issued pursuant to this article shall be made payable at such places, within or without the State, as the authorities shall provide.
HISTORY: 1962 Code Section 21-980; 1952 Code Section 21-980; 1951 (47) 759.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 71 - School Bonds › Section 59-71-130. Sale of bonds.

The bonds shall be sold at public sale, after advertisement of such sale in a newspaper having general circulation in the State or in a financial publication published in the city of New York or, in the discretion of the authorities, in both such publications. Such advertisement shall appear not less than ten days prior to the occasion set for such sale. The bonds may be disposed of at private sale if there are no bids received or if all bids are rejected. The provisions of this section shall not prevent a sale at private sale to the United States of America or any agency thereof.
HISTORY: 1962 Code Section 21-983; 1952 Code Section 21-983; 1951 (47) 759.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 71 - School Bonds › Section 59-71-150. Credit pledged for payment; tax.

For the payment of the principal and interest on such bonds as they respectively mature and for the creation of such sinking fund as may be necessary therefor the full faith, credit and resources of the operating school unit are irrevocably pledged and there shall be levied annually by the auditor of each county wherein such operating school unit is located, and collected by the treasurer of such county in the same manner as county taxes are levied and collected, a tax, without limit, on all taxable property in such operating school unit sufficient to pay the principal and interest of such bonds as they respectively mature and to create such sinking fund as may be necessary therefor.
HISTORY: 1962 Code Section 21-985; 1952 Code Section 21-985; 1951 (47) 759.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 71 - School Bonds › Section 59-71-160. Exemption of bonds from taxes.

Bonds issued under this article shall be exempt from all State, county, municipal, school district and other taxes or assessments, direct or indirect, general or special, whether imposed for the purpose of general revenue or otherwise.
HISTORY: 1962 Code Section 21-987; 1952 Code Section 21-987; 1951 (47) 759.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 71 - School Bonds › Section 59-71-170. Bonds as legal investments.

It shall be lawful for all executors, administrators, guardians, committees and other fiduciaries and all sinking fund commissions to invest any moneys in their hands in bonds issued under this article.
HISTORY: 1962 Code Section 21-988; 1952 Code Section 21-988; 1951 (47) 759.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 71 - School Bonds › Section 59-71-180. Deposit and use of proceeds.

The proceeds derived from the sale of the bonds must be deposited with the treasurer of the county in which the operating school unit is located, in whole or in part, in a special fund to the credit of the operating school unit and must be applied solely to the purposes for which the bonds were issued, except that the accrued interest, if any, must be used to discharge in part the first interest to become due on the bonds.
HISTORY: 1962 Code Section 21-989; 1952 Code Section 21-989; 1951 (47) 759; 2004 Act No. 184, Section 6, eff March 15, 2004.
Effect of Amendment
The 2004 amendment substituted "in which" for "wherein" following "treasurer of the county", deleted "premium, if any, shall be placed in the sinking fund established by Section 59-71-150 and the" preceding "accrued interest", and substituted "must" for "shall" throughout.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 71 - School Bonds › Section 59-71-190. Investment of sinking funds in defense securities.

The county treasurers of the various counties of the State may invest the sinking funds of the school districts of their respective counties in United States Defense Bonds and Defense Securities upon the written request of the county superintendent of education and a majority of the trustees of the school district whose funds are to be invested.
HISTORY: 1962 Code Section 21-990; 1952 Code Section 21-990; 1942 (42) 1549.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 71 - School Bonds › Section 59-71-310. Resolution of school district concerning bonds in default.

The district board of any school district authorized to issue general obligation bonds of the school district is hereby authorized to provide by resolution duly adopted that if the principal or interest of any general obligation bonds issued by the school district are not paid when they become due, the holder of the bonds and coupons may present them to the State Treasurer of South Carolina who, to the extent that moneys shall be available to the school district for any purpose and from any source, shall effect payment of them and charge such payments to the account of the school district and diminish the payments otherwise to be made to the extent thereof; provided, that no such resolution shall be effective unless it has been approved by the State Treasurer as provided in Section 59-71-320.
HISTORY: 1962 Code Section 21-993; 1973 (58) 652.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 71 - School Bonds › Section 59-71-320. Duties of State Treasurer.

Upon adoption of the resolution, a copy shall be transmitted to the State Treasurer together with a concise statement showing the principal and estimated interest payments to become due on the bonds to be issued. If the State Treasurer determines
(a) that sufficient funds can reasonably be expected to accrue to the school district from State revenues otherwise applicable to the school district for other purposes to provide debt service on the bonds,
(b) that the resolution provides adequate assurance that ad valorem taxes will be levied annually on all taxable property within the school district sufficient to pay the principal and interest on the bonds as they become due and
(c) that an interest savings can be expected to result from his approval of the resolution, the State Treasurer shall approve the resolution by signing it. It is not the intent of this section to give the State Treasurer authority to approve or disapprove a local bond issue.
HISTORY: 1962 Code Section 21-993.1; 1973 (58) 652.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 71 - School Bonds › Section 59-71-330. Rules and regulations.

The State Treasurer is hereby authorized to prescribe rules and regulations
(a) requiring the filing of such information as he deems pertinent with respect to bonds to be sold with the provision authorized by Section 1 of 1973 Act No. 378,
(b) requiring school districts issuing bonds to provide him with an analysis of each annual tax levy to be made therein before it is imposed,
(c) providing for the immediate withholding of any funds due to a school district which fails to impose adequate millage for debt service, or which fails to perform any of the terms and provisions contained in any such resolution or to comply with any such rules and regulations.
HISTORY: 1962 Code Section 21-993.2; 1973 (58) 652.
Editor's Note
The reference in this section to "Section 1 of 1973 Act No. 378" appears erroneous as that section sets out the findings of the General Assembly relative to this article; that section was not codified. It appears that the reference was probably intended to be Section 2 of 1973 Act No. 378 which is codified as 1976 Code Section 59-71-310.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 71 - School Bonds › Section 59-71-340. Levy of additional tax.

The State Comptroller is directed in any year to levy and the State Treasurer is directed to collect in any school district which does not levy adequate millage for that year, to provide debt service to become due on bonds sold with the provision authorized by Section 1 of 1973 Act No. 378, an ad valorem tax on all taxable property in the school district without limit as to rate or amount sufficient to pay the principal of and interest on the bonds as they become due, including all bonds and coupons paid by him pursuant to Section 2 of 1973 Act No 378. A notice of such tax levy shall be provided to the district board by March first.
HISTORY: 1962 Code Section 21-993.3; 1973 (58) 652.
Editor's Note
The reference in this section to "Section 1 of 1973 Act No. 378" appears erroneous as that section sets out the findings of the General Assembly relative to this article; that section was not codified. It appears that the reference was probably intended to be Section 2 of 1973 Act No. 378 which is codified as 1976 Code Section 59-71-310. Similarly, the reference in this section to "Section 2 of 1973 Act No. 378" which appears as 1976 Code Section 59-71-310 seems erroneous and the actual reference intended was to Section 3 of 1973 Act No. 378 which appears as 1976 Code Section 59-71-320.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 71 - School Bonds › Section 59-71-410. Authority to issue State school bonds.

For the purpose of enabling the State Board of Education to raise funds for capital improvements and other purposes in addition to those funds provided by Article 3 of Chapter 21 of this Title, for the purpose of enabling the Board to raise funds necessary to acquire the school bus equipment authorized to be acquired by the provisions of Article 3 of Chapter 67 of this Title and for the purpose of permitting the Board to raise funds to refinance the short-term indebtedness incurred in connection with the acquisition of school bus equipment, the Governor and the State Treasurer may issue State school bonds under the conditions prescribed by this article.
HISTORY: 1962 Code Section 21-995; 1952 Code Section 21-995; 1951 (47) 546; 1959 (51) 130; 1967 (55) 719.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 71 - School Bonds › Section 59-71-420. Limits on aggregates of indebtedness; maturity date.

The aggregate outstanding principal indebtedness on account of bonds issued for capital improvements and other purposes, after deducting that part of any sinking fund applicable to the retirement of bonds issued for such purposes, shall never exceed one hundred thirty-seven million, five hundred thousand dollars.
The aggregate outstanding principal indebtedness on account of bonds issued to acquire the school bus equipment authorized by the provisions of Article 3 of Chapter 67 of this Title, after deducting that part of any sinking fund applicable to the retirement of bonds issued for such purpose, shall never exceed nine million dollars.
Within such limits, State school bonds may be issued from time to time under the conditions prescribed by this article, but in no event to mature later than July 1, 1991.
HISTORY: 1962 Code Section 21-996; 1952 Code Section 21-996; 1951 (47) 546; 1954 (48) 1530; 1955 (49) 125, 595; 1956 (49) 1773; 1961 (52) 480; 1966 (54) 2044; 1967 (55) 719.