reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 104 - Initiatives For Research And Academic Excellence › Section 59-104-650. Institutional effectiveness program.

(A) The goals for maintaining an effective system of quality assessment by institutions of higher learning in South Carolina are to:
(1) assure that a system for measuring institutional achievement in regard to the performance indicators for quality academic success as contained in Section 59-103-30 is in effect on every public college and university campus in this State;
(2) provide a vehicle for disseminating the results of these measurements to the constituents within the State;
(3) provide data relative to the effectiveness of each institution that can be used to initiate curriculum, programmatic, or policy changes within the institution necessary to meet the standards for these performance indicators.
(B) The process by which these goals must be attained is as follows:
(1) Each institution of higher learning is responsible for maintaining a system to measure institutional achievement in regard to the performance indicators for quality academic success in accord with provisions, procedures, and requirements developed by the Commission on Higher Education. The system for measuring such institutional achievement must include, but is not limited to, a description of criteria by which such institutional achievement is being assessed.
(2) As a part of South Carolina's statewide planning process, each institution shall provide the commission with an annual report on the results of its institutional achievement program.
(3) The commission shall prepare a report that must include results of institutional achievement, including student assessment programs. Information from private colleges and universities must be included for those institutions that voluntarily provide the information to the commission.
HISTORY: 1988 Act No. 629, Section 1; 1996 Act No. 359, Section 10.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 104 - Initiatives For Research And Academic Excellence › Section 59-104-660. State-supported institutions to establish procedures and programs to measure student achievement.

(A) All state-supported institutions of higher learning shall establish their own procedures and programs to measure student achievement which must include, but are not limited to, the performance indicators contained in Section 59-103-30(B)(6) and (7). The procedures and programs must be submitted to the Commission on Higher Education as part of the plan for measuring institutional achievement and must:
(1) derive from institutional initiatives, recognizing the diversity of South Carolina public colleges and universities, the tradition of institutional autonomy, and the capacity of faculty and administrators to identify their own problems and solve them creatively;
(2) be consistent with each institution's mission and educational objectives;
(3) involve faculty in setting the standards of achievement, selecting the measurement instruments, and analyzing the results;
(4) follow student progress through the curriculum, as appropriate;
(5) include follow-up of graduates.
(B) As part of their annual report on institutional achievement, all state-supported colleges and universities shall describe their progress in developing assessment programs and submit information on student achievement to the commission.
HISTORY: 1988 Act No. 629, Section 1; 1996 Act No. 359, Section 10.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 105 - South Carolina Campus Sexual Assault Information Act › Section 59-105-20. Definitions.

As used in this act:
(1) "Campus" means a building or property:
(a) owned or controlled by an institution within the same reasonably contiguous geographic area and used by the institution in direct support of, or in a manner related to, the institution's educational purposes;
(b) owned or controlled by a student organization recognized by the institution including, but not limited to, fraternity, sorority, and cooperative houses;
(c) controlled by the institution but owned by a third party.
(2) "Campus sexual assault" means a sexual assault that occurs on campus.
(3) "Institution of higher learning" or " institution" means a public two-year or four-year college, community or junior college, technical school, or university located in this State, and also any private two-year or four-year college, community or junior college, technical school, or university located in this State which elects to be governed by this chapter.
(4) "Student" means an individual who is enrolled in an institution of higher learning on a full-time or part-time basis.
HISTORY: 2002 Act No. 310, Section 1.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 105 - South Carolina Campus Sexual Assault Information Act › Section 59-105-30. Purpose.

The serious nature and consequences of sexual assault and the particular problems caused by sexual assault within a campus community prompt the General Assembly to encourage institutions of higher learning to develop, with input from students, faculty, and staff, a comprehensive sexual assault policy to address prevention and awareness of sexual assault and to establish procedures that address campus sexual assaults. The General Assembly further encourages institutions of higher learning to make all reasonable efforts to support a student who is the victim of a sexual assault in a full report of the sexual assault to appropriate law enforcement authorities, including institutional and local police, and to make all reasonable efforts to provide assistance to and to cooperate with the student as the report is investigated and resolved.
HISTORY: 2002 Act No. 310, Section 1.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 105 - South Carolina Campus Sexual Assault Information Act › Section 59-105-50. Information relating to procedures for institutional disciplinary proceedings to be made available.

In addition to the publication required by Section 59-105-40, each institution of higher learning must make available to all students a description of the jurisdiction, procedures, and time deadlines of institutional disciplinary proceedings.
HISTORY: 2002 Act No. 310, Section 1.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 105 - South Carolina Campus Sexual Assault Information Act › Section 59-105-60. Model sexual assault policy.

The Commission on Higher Education shall develop, print, and distribute a model sexual assault policy for institutions of higher learning, which complies with the requirements herein. The model policy shall be distributed to all institutions of higher learning in the State for their use as a reference in formulating their sexual assault policy.
HISTORY: 2002 Act No. 310, Section 1.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 106 - South Carolina Campus Sex Crimes Prevention Act › Section 59-106-20. Annual security reports; inclusion of statement as to obtaining information concerning registered sex offenders.

Each institution of higher education must include a statement in their annual security report which advises the campus community where law enforcement information concerning registered sex offenders may be obtained, such as the law enforcement office of the institution, a local law enforcement agency with jurisdiction for the campus, or a computer network address. For purposes of this chapter, the annual security report means the report published pursuant to Section 485 of the Higher Education Act of 1965 as amended (20 U.S.C. Section 1092(f)). This information must be included in reports beginning in 2003.
HISTORY: 2002 Act No. 310, Section 2.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 107 - State Institution Bonds › Section 59-107-10. Institutions to which chapter is applicable; "state institution" defined.

The several state-supported institutions of higher learning, within the contemplation of this chapter, are declared to be:
The University of South Carolina,
Clemson University, in Clemson,
The Citadel,
The Medical University of South Carolina,
Winthrop University,
South Carolina State University,
Francis Marion University,
Lander University,
The College of Charleston,
Coastal Carolina University,
Technical Education Colleges and Centers.
Hereafter in this chapter such institutions shall be denoted by the term "state institution".
HISTORY: 1962 Code Section 22-21; 1953 (48) 169; 1954 (48) 1722; 1966 (54) 2263; 1974 (58) 2608; 1977 Act No. 249, Pt II, Section 1; 1979 Act No. 107, Section 1; 2000 Act No. 254, Section 3.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 107 - State Institution Bonds › Section 59-107-20. Tuition fees required at state institutions.

Tuition fees (as such term is defined in Section 59-107-30) shall be required to be paid in such amount or amounts and under such conditions as the respective Board of Trustees, Area Commissions or, for any Technical Education College or Center not governed or supervised by an Area Commission, the State Board for Technical and Comprehensive Education, of such state institutions shall prescribe, with the approval of the State Fiscal Accountability Authority, hereafter in this chapter referred to as the "State Fiscal Accountability Authority". The provisions of this section shall not be construed as requiring uniformity of tuition fees at such state institutions nor shall they preclude a higher scale for non-residents of South Carolina.
HISTORY: 1962 Code Section 22-22; 1953 (48) 169; 1966 (54) 2263; 1977 Act No. 249, Pt II, Section 2.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 107 - State Institution Bonds › Section 59-107-30. Remittance and application of tuition fees.

All tuition fees received by any State institution shall be remitted from time to time to the State Treasurer under such regulations as he shall prescribe. The State Treasurer shall apply the same as directed by this chapter. For all purposes of this chapter the term "tuition fees" shall include those fees charged by any State institution for tuition, matriculation and registration. The term "tuition fees" shall not include sums charged for enrolling in courses or classes offered at any summer school term or in any special seminar, nor shall the term relate to or include fees levied or charged for purposes other than for the purposes of this chapter.
HISTORY: 1962 Code Section 22-23; 1953 (48) 169; 1960 (51) 1779; 1966 (54) 2263.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 107 - State Institution Bonds › Section 59-107-40. Application for funds for permanent improvements and other expenses; content of application.

The respective Boards of Trustees, Area Commissions, through the State Board for Technical and Comprehensive Education, or the State Board for Technical and Comprehensive Education for any Technical Education College or Center not governed and supervised by an Area Commission of such state institutions may make application to the State Fiscal Accountability Authority or the Department of Administration, as appropriate, for funds to be used for any one or more of the following purposes: (a) to construct, reconstruct, maintain, improve, furnish and refurnish the buildings and other permanent improvements for such state institutions, (b) to defray the costs of acquiring or improving land needed as sites for such improvements or for the campus of any such state institution, (c) to reimburse such institution for expenses incurred in anticipation of the issuance of such bonds, or (d) to refund state institution bonds heretofore issued for such institutions and which shall on such occasion be outstanding. Such application shall contain:
(1) A description of the improvement sought, or the amount of outstanding bonds it wishes to have refunded;
(2) An estimate of cost, or an estimate of the money required to effect the refunding;
(3) A statement establishing the aggregate sum received from tuition fees for the fiscal year immediately preceding the fiscal year in which such application is dated;
(4) The schedule of tuition fees in effect;
(5) A suggested maturity schedule for bonds issued pursuant to this chapter; and
(6) A statement showing the unmatured state institution bonds theretofore issued for such state institution.
The application shall contain an agreement upon the part of the Board of Trustees, Area Commission, or State Board for Technical and Comprehensive Education that such schedule of tuition fees shall be revised from time to time and whenever necessary to provide the annual principal and interest requirements on the proposed bonds and on all outstanding state institution bonds issued for such state institution.
HISTORY: 1962 Code Section 22-24; 1953 (48) 169; 1954 (48) 1708; 1961 (52) 476; 1963 (53) 583; 1966 (54) 2263; 1977 Act No. 249, Pt II, Section 3; 1991 Act No. 65, Section 1.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 107 - State Institution Bonds › Section 59-107-50. Authority of State Fiscal Accountability Authority as to applications.

The State Fiscal Accountability Authority may approve, in whole or in part, or modify in any way that it sees fit any application made by any Board of Trustees, Area Commission, or by the State Board for Technical and Comprehensive Education of any of the state institutions and may direct the application of the principal proceeds of any bonds, issued pursuant to this chapter for such purpose if it shall have found:
(1) That a definite and immediate need therefor exists, or, in the event that the issuance of refunding bonds is sought, that it is to the advantage of the institution to effect the refunding of its outstanding bonds;
(2) That a satisfactory and proper schedule of tuition fees is in effect at such State institution;
(3) That the annual debt service on all state institution bonds issued for such state institution, including the bonds then proposed to be issued, shall not exceed ninety percent of the sums received by such state institution of higher learning from tuition fees for the preceding fiscal year;
(4) That the Board of Trustees, Area Commission, or State Board for Technical or Comprehensive Education of the state institution has agreed that such schedule of tuition fees may be revised from time to time and whenever necessary to provide not less than the sum needed to pay the annual principal and interest requirements on the proposed bonds and on all outstanding state institution bonds issued for such state institution.
HISTORY: 1962 Code Section 22-25; 1953 (48) 169; 1957 (50) 138; 1961 (52) 476; 1966 (54) 2263; 1976 Act No. 582, Section 1; 1977 Act No. 249, Pt II, Section 4; 1991 Act No. 65, Section 2.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 107 - State Institution Bonds › Section 59-107-60. Request for issuance of state institution bonds.

Upon making the finding required of it by Section 59-107-50, the State Fiscal Accountability Authority shall transmit to the Governor and to the State Treasurer a request for the issuance of State institution bonds. Such request shall set forth:
(1) The name of the State institution seeking funds, the amount of its application, and the annual principal and interest requirements on all outstanding State institution bonds issued for such State institution;
(2) A statement that the State Fiscal Accountability Authority has made the findings required of it by Section 59-107-50, and the extent to which it has approved or modified the original application;
(3) The proposed maturity schedule of the bonds;
(4) The anticipated interest cost for each year during the life of the bonds;
(5) The anticipated aggregate annual principal and interest requirements for the bonds;
(6) The numbers and maturity dates of the bonds which shall be subject to redemption prior to their stated maturities;
(7) The proposed redemption premium schedule;
(8) The sum received by such state institution from tuition fees for the fiscal year preceding the fiscal year in which the application was made pursuant to Section 59-107-40; and
(9) The tuition fee schedule in effect at such State institution.
HISTORY: 1962 Code Section 22-26; 1953 (48) 169; 1966 (54) 2263; 1991 Act No. 65, Section 3.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 107 - State Institution Bonds › Section 59-107-70. Governor and State Treasurer empowered to authorize issuance of bonds.

It shall be the duty of the Governor and the State Treasurer to examine the request mentioned in Section 59-107-60, and if they shall jointly approve it, and, for themselves, determine that the schedule of tuition fees in force at such state institution will, upon the basis of the sum received by such state institution from tuition fees for the fiscal year preceding the fiscal year in which the application made pursuant to Section 59-107-40, produce funds sufficient to meet the principal and interest requirements on the proposed bonds and on all outstanding state institution bonds issued for such state institution, and provide the margin for such principal and interest requirements to the extent required by paragraph (3) of Section 59-107-50, they shall be empowered to provide for the issuance of state institution bonds in the amount approved by the State Fiscal Accountability Authority.
HISTORY: 1962 Code Section 22-27; 1953 (48) 169; 1966 (54) 2263; 1991 Act No. 65, Section 4.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 107 - State Institution Bonds › Section 59-107-80. Single issue of bonds may cover several applications.

If it shall happen that more than one application by State institutions shall receive the approvals required by Sections 59-107-50 to 59-107-70, at approximately the same time, the State institution bonds in an amount equal to the aggregate of the approved applications may be issued as a single issue.
HISTORY: 1962 Code Section 22-28; 1953 (48) 169.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 107 - State Institution Bonds › Section 59-107-90. Maximum amount of outstanding bonds.

The maximum amount of annual debt service on all outstanding state institution bonds for each state institution shall not exceed ninety percent of the sums received by such state institution from tuition fees for the preceding fiscal year, as provided in Section 13(6)(b) of Article X of the South Carolina Constitution.
HISTORY: 1962 Code Section 22-29; 1953 (48) 169; 1957 (50) 404; 1961 (52) 476; 1966 (54) 2263; 1967 (55) 689; 1968 (55) 3049; 1976 Act No. 582, Section 2; 1979 Act No. 194, Part I, Section 8; 1995 Act No. 145, Part II, Section 109; 1998 Act No. 419, Part II, Section 56; 1999 Act No. 40, Section 1.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 107 - State Institution Bonds › Section 59-107-100. Full faith, credit, and taxing power of State pledged to pay bonds.

For the payment of the principal and interest on all state institution bonds, whose issuance is authorized by this chapter, there shall be pledged the full faith, credit, and taxing power of the State, and in addition, the revenues derived from the tuition fees received by the particular institution of higher learning for which such state institution bonds are issued must also be pledged.
HISTORY: 1962 Code Section 22-30; 1953 (48) 169; 1991 Act No. 65, Section 5.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 107 - State Institution Bonds › Section 59-107-110. Negotiability and registration.

State institution bonds issued pursuant to this chapter may be in the form of negotiable coupon bonds, payable to bearer, with the privilege to the holder of having them registered in his name on the books of the State Treasurer as to principal only, or as to both principal and interest, and such principal, or both principal and interest, as the case may be, thus made payable to the registered holder, subject to such conditions as the State Treasurer may prescribe. State institution bonds so registered as to principal in the name of the holder may thereafter be registered as payable to bearer and made payable accordingly.
State institution bonds may also be issued as fully registered bonds with both principal and interest thereof made payable only to the registered holder. Such fully registered bonds shall be subject to transfer under such conditions as the State Treasurer may prescribe. Such fully registered bonds may, if the proceedings authorizing their issuance so provide, be convertible into negotiable coupon bonds with the attributes set forth in the first paragraph of this section.
HISTORY: 1962 Code Section 22-31; 1953 (48) 169; 1957 (50) 138, 404.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 107 - State Institution Bonds › Section 59-107-120. Denominations of bonds; interest rate; maturity; redemption.

The state institution bonds must be in the denomination of one thousand dollars or in any multiple thereof. They shall bear interest, payable semiannually, at a rate or rates not exceeding the maximum interest rate specified in the State Fiscal Accountability Authority's request for the issuance of the state institution bonds. Each issue of state institution bonds shall mature in annual series or installments, the last of which shall mature not more than twenty years after the date of the bonds. The installments or series may be equal or unequal in amount. The state institution bonds may, in the discretion of the State Fiscal Accountability Authority, be made subject to redemption at par and accrued interest, plus such redemption premium as it may approve, and on such occasions as may be specified in the request for the issuance of the state institution bonds. State institution bonds may not be redeemable before maturity unless they contain a statement to that effect.
HISTORY: 1962 Code Section 22-32; 1953 (48) 169; 1957 (50) 138, 404; 1961 (52) 476; 1966 (54) 2263; 1984 Act No. 337, Section 1.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 107 - State Institution Bonds › Section 59-107-150. Bonds as legal investments.

It shall be lawful for all executors, administrators, guardians, fiduciaries and sinking fund commissions to invest any moneys in their hands in State institution bonds.
HISTORY: 1962 Code Section 22-35; 1953 (48) 169.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 107 - State Institution Bonds › Section 59-107-160. Sale of bonds.

State institution bonds may be privately placed if the terms and conditions of such disposition shall be approved by resolution duly adopted by the State Fiscal Accountability Authority and the terms of such proposal meet the financial test prescribed in the second paragraph of this section.
All other state institution bonds shall be sold by the Governor and the State Treasurer upon sealed proposals, after publication of notice of the sale one or more times at least ten days before the sale in a newspaper of general circulation in the State and also in a financial paper published in New York City which regularly publishes notices of sale of state or municipal bonds. In all calls for bids, the right shall be reserved to reject all bids and readvertise for the sale of the bonds. Upon the opening of bids the Governor and the State Treasurer shall determine the most advantageous bid, and if such bid produces principal and interest payments on such proposed issue which are in compliance with the provisions outlined in paragraph (3) of Section 59-107-50, they may award the state institution bonds on such bid, at a price not less than par and accrued interest to the date of delivery. For the purpose of bringing about a successful sale of such bonds, the State Fiscal Accountability Authority may do all things ordinarily and customarily done in connection with the sale of state or municipal bonds. All expenses incident to the sale of the bonds shall be paid from the proceeds of the bonds.
HISTORY: 1962 Code Section 22-36; 1953 (48) 169; 1957 (50) 138; 1961 (52) 476; 1965 (54) 148; 1991 Act No. 65, Section 6.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 107 - State Institution Bonds › Section 59-107-170. Deposit and use of proceeds of bonds.

The proceeds of sale of state institution bonds must be received by the State Treasurer and placed in a fund to the credit of the State Fiscal Accountability Authority subject to withdrawal on their order, except that all accrued interest received must be used by the State Treasurer to discharge the first installment of interest coming due. On the occasion that he receives the proceeds of state institution bonds from the purchaser, the State Treasurer shall segregate the proceeds for the account of the state institution or institutions for which the bonds are issued. The purchasers of the state institution bonds are not liable for the application of the proceeds of the bonds to the purposes for which they are intended.
HISTORY: 1962 Code Section 22-37; 1953 (48) 169; 2004 Act No. 184, Section 7, eff March 15, 2004.
Effect of Amendment
The 2004 amendment, in the first sentence, substituted "the State Treasurer" for "him" preceding " to discharge" and deleted the final clause which read ", and any premium shall be used to discharge the first installment of principal coming due on such bonds", and substituted "must" for "shall" throughout.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 107 - State Institution Bonds › Section 59-107-190. Declaration of sufficiency of tuition fees to pay bonds.

The General Assembly finds that the tuition fees charged at the several State institutions, if maintained and applied in the manner prescribed by this chapter, will be sufficient to provide for the payment of the principal and interest on State institution bonds issued pursuant to this chapter, without resorting to a property tax.
HISTORY: 1962 Code Section 22-39; 1953 (48) 169.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 107 - State Institution Bonds › Section 59-107-200. Defeasance of bonds; trust fund established.

Upon the direction of the State Fiscal Accountability Authority, the State Treasurer may apply all or any part of the excess, as defined in Section 59-107-180, of the special fund established pursuant to Section 59-107-180, applicable to the state institution bonds of any state institution to the defeasance of any of such bonds by establishing an irrevocable trust therefor which shall consist of either monies in an amount which shall be sufficient, or direct obligations of the United States of America, or obligations unconditionally guaranteed by the United States of America, the principal and interest on which when due will provide the sums required to pay the principal, interest, and redemption premium, if any, of the particular state institution bonds sought to be defeased. The trust fund shall be established in such manner as to designate the state institution bonds intended to be defeased. When so established, the state institution bonds shall be deemed to be defeased and shall not be deemed to be outstanding for all purposes of this chapter. Notwithstanding the establishment of the irrevocable trust fund, the obligation of the State to pay to the holders of the defeased bonds all sums due by way of principal and interest shall not be deemed to be impaired.
The General Assembly is mindful of the fact that the law in effect at the time of the issuance of any state institution bonds is a part of the contract between the State and the holders of such bonds.
It is not intended that Sections 59-107-50, 59-107-90, 59-107-180 and 59-107-200 shall impair or modify the contract existing between the State and the holders of state institution bonds now outstanding. Accordingly, the use of surplus money in the sinking funds established by Section 59-107-180 for capital improvements shall not be undertaken until all bonds outstanding on May 11, 1976 have been paid or provision for their payment has been made. It is further prescribed that in the event of a deficiency in revenues required to pay the principal or interest of any state institution bonds outstanding on May 11, 1976, resort may be had by the holders of such bonds to any special trust established to defease other state institution bonds outstanding on May 11, 1976 and, in which event, it shall become the duty of the trustees, Area Commissions, or the State Board for Technical and Comprehensive Education of the applicable state institutions to increase tuition fees to the extent necessary to restore such special Trust Fund.
HISTORY: 1962 Code Section 22-40; 1976 Act No. 582, Sections 4, 5; 1977 Act No. 249, Pt II, Section 5; 1991 Act No. 65, Section 8.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 108 - Mid-carolina Commission For Higher Education › Section 59-108-10. Membership; terms, vacancies, and officers; Educational Advisory Committee.

There is hereby created the Mid-Carolina Commission for Higher Education. This body, hereinafter called the commission, shall be composed of nine members from Sumter, Clarendon, and Lee Counties who shall be appointed by the Governor upon the recommendation of a majority of the legislative delegations of the appropriate counties as herein provided. The members shall be appointed for terms of four years each and shall serve until their successors shall have been appointed and qualify. The present members of the Sumter County Commission for Higher Education established by Act 50 of 1965 shall become the initial members of the governing board of the commission.
Upon the expiration of the terms of the two members currently serving on the Sumter County Commission for Higher Education whose terms next expire after the effective date of this chapter, one member of the commission shall be appointed by the Governor from Clarendon and Lee Counties, respectively, in this order, upon recommendation of the legislative delegation of the appropriate county.
Vacancies on the commission shall be filled in the manner of original appointment.
The members shall elect a chairperson, vice chairperson, secretary, and treasurer from among their membership and shall organize and adopt rules and procedures necessary to carry out their duties.
To facilitate its work the commission is authorized to appoint from its member counties as considered appropriate, an Educational Advisory Committee consisting of not less than ten nor more than fifteen members which shall meet and consult with the commission as may be required. All members of the Educational Advisory Committee shall serve without compensation or fees.
HISTORY: 1996 Act No. 468, Section 1.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 108 - Mid-carolina Commission For Higher Education › Section 59-108-20. Meetings.

The commission may meet at such times and places as to the majority of the members seems most desirable. Meetings may be called by the chairperson of the commission or on the written request and signatures of five members.
HISTORY: 1996 Act No. 468, Section 1.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 108 - Mid-carolina Commission For Higher Education › Section 59-108-30. Purpose of commission.

The commission shall have as its purpose the encouragement of higher education in its member counties and, more specifically, the establishment in its member counties of facilities to offer college courses and other post-secondary courses as considered desirable.
HISTORY: 1996 Act No. 468, Section 1.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 108 - Mid-carolina Commission For Higher Education › Section 59-108-40. Powers of commission; liability of counties represented on commission.

To carry out this purpose and objective, the commission, with the approval of a majority of its members, is empowered to enter into contracts, make binding agreements, negotiate with educators and educational institutions, and to take actions in its name as are necessary to secure for its member counties the educational facilities above described; provided, that any county represented on the commission shall not be bound nor held liable for any acts or omissions of the commission, nor by any provision of any contract or agreement, expressed or implied, except upon the written approval and consent of a majority of the governing body of that county.
HISTORY: 1996 Act No. 468, Section 1.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 108 - Mid-carolina Commission For Higher Education › Section 59-108-50. Records and reports of commission; accounting of funds.

The commission shall keep accurate and detailed records of its meetings and actions and as soon after June thirtieth of each year as is feasible, shall submit a written report to the legislative delegations of the participating counties which shall include an accounting of all funds the commission may have received and disbursed in the twelve months preceding that date.
HISTORY: 1996 Act No. 468, Section 1.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 108 - Mid-carolina Commission For Higher Education › Section 59-108-60. Devolution of duties and functions.

The duties and functions of the Sumter County Commission for Higher Education are hereby devolved upon the Mid-Carolina Commission for Higher Education. All personnel, property, and funds of the Sumter County Commission for Higher Education are transferred to the commission on the effective date of this chapter.
HISTORY: 1996 Act No. 468, Section 2.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 109 - Educational Facilities Authority Act For Private Nonprofit Institutions Of Higher Learning › Section 59-109-10. Short title.

This chapter, when codified, may be referred to and cited as the "Educational Facilities Authority Act for Private Nonprofit Institutions of Higher Learning."
HISTORY: 1962 Code Section 22-41.1; 1969 (56) 444; 1975 (59) 47.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 109 - Educational Facilities Authority Act For Private Nonprofit Institutions Of Higher Learning › Section 59-109-20. Legislative declaration of policy and purpose.

It is hereby declared that for the benefit of the people of the State, the increase of their commerce, welfare and prosperity and the improvement of their health and living conditions it is essential that this and future generations of youth be given the fullest opportunity to learn and to develop their intellectual and mental capacities; that it is essential that institutions for higher education within the State be provided with appropriate additional means to assist such youth in achieving the required levels of learning and development of their intellectual and mental capacities; and that it is the purpose of this chapter to provide a measure of assistance and an alternative method to enable institutions for higher education in the State to provide the facilities and structures which are sorely needed to accomplish the purposes of this chapter, all to the public benefit and good, to the extent and manner provided herein.
HISTORY: 1962 Code Section 22-41; 1969 (56) 444.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 109 - Educational Facilities Authority Act For Private Nonprofit Institutions Of Higher Learning › Section 59-109-40. Educational Facilities Authority for Private Nonprofit Institutions of Higher Learning.

There is hereby created a body politic and corporate to be known as the "Educational Facilities Authority for Private Nonprofit Institutions of Higher Learning," hereinafter in this chapter called the authority. The authority is constituted a public instrumentality and the exercise by the authority of the powers conferred by this chapter must be deemed and held to be the performance of an essential public function. The authority shall consist of the members from time to time of the State Fiscal Accountability Authority, ex officio; and all the functions and powers of the authority are hereby granted to the State Fiscal Accountability Authority, as an incident of its functions in connection with the public finances of the State.
HISTORY: 1962 Code Section 22-41.3; 1969 (56) 444; 1975 (59) 47; 2014 Act No. 121 (S.22), Pt VII, Section 20.N, eff July 1, 2015.
Effect of Amendment
2014 Act No. 121, Section 20.N, twice substituted "Fiscal Accountability Authority" for "Budget and Control Board", and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 109 - Educational Facilities Authority Act For Private Nonprofit Institutions Of Higher Learning › Section 59-109-60. Expenses.

All expenses incurred in carrying out the provisions of this chapter shall be payable solely from funds provided under the authority of this chapter and no liability shall be incurred by the Authority hereunder beyond the extent to which moneys shall have been provided under the provisions of this chapter.
HISTORY: 1962 Code Section 22-41.5; 1969 (56) 444.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 109 - Educational Facilities Authority Act For Private Nonprofit Institutions Of Higher Learning › Section 59-109-70. Acquisition of property by authority.

The authority is authorized and empowered directly or by and through a participating institution for higher learning, as its agent, to acquire by purchase solely from funds provided under the authority of this chapter, or by gift or devise, such lands, structures, property, real or personal, rights, rights-of-way, franchises, easements, and other interests in lands, including lands lying under water and riparian rights, which are located within the State as it considers necessary or convenient for the acquisition, construction, or operation of a project, upon such terms and at such prices as may be considered by it to be reasonable and can be agreed upon between it and the owner thereof, and to take title thereto in the name of the authority or in the name of a participating institution for higher learning as its agent.
HISTORY: 1962 Code Section 22-41.6; 1969 (56) 444; 1993 Act No. 167, Section 3.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 109 - Educational Facilities Authority Act For Private Nonprofit Institutions Of Higher Learning › Section 59-109-80. Transfer of property to participating institution after payment of bonds; option to renew lease or purchase project prior to retirement of bonds.

(A) When the principal of and interest on bonds of the authority issued to finance the cost of a particular project or projects owned by the authority and leased to a participating institution for higher learning, including any refunding bonds issued to refund and refinance such bonds, have been fully paid and retired or when adequate provision has been made to fully pay and retire the same, and all other conditions of the trust agreement authorizing the same have been satisfied and the lien of such trust agreement has been released in accordance with the provisions thereof, the authority shall promptly do such things and execute such deeds and conveyances as are necessary and required to convey title to such project or projects to such participating institution for higher learning, free and clear of all liens and encumbrances, all to the extent that title to such project or projects shall not, at the time, then be vested in such participating institution for higher learning.
(B) Any financing agreement in the form of a lease of any project may include a provision that the participating institution for higher learning shall have options to renew such lease and/or to purchase any or all of such project prior to the retirement of the bonds issued to finance such project or any bonds issued to refund or refinance such bonds on such terms, at such times, and upon such consideration as the authority shall determine. The consideration for any renewal of such lease or for the purchase of any or all of such project need not require the payment by the participating institution for higher learning of the full market value thereof, but may be fixed at such consideration as the authority shall determine.
HISTORY: 1962 Code Section 22-41.7; 1969 (56) 444; 1993 Act No. 167, Section 4.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 109 - Educational Facilities Authority Act For Private Nonprofit Institutions Of Higher Learning › Section 59-109-90. Bond anticipation notes; issuance, terms, form, and execution of bonds and notes.

(A) In anticipation of the sale of bonds, the authority may issue bond anticipation notes.
(B) The bonds and notes of every issue shall be payable solely out of revenues derived by the authority pursuant to the financing agreement or agreements with respect to the project or projects which such bonds or notes are issued to finance.
Notwithstanding that bonds and notes may be payable from a special fund, they shall be and be deemed to be, for all purposes, negotiable instruments, subject only to the provisions of the bonds and notes for registration.
(C) The bonds may be issued as serial bonds or as term bonds, or both, as determined by the authority. The bonds shall be authorized by resolution of the authority and shall bear such date, mature at such time, not exceeding fifty years from their respective dates, bear interest at such rate, payable at such time, be in denominations, be in such form, either coupon or registered, carry such registration privileges, be executed in such manner, be payable in lawful money of the United States of America at such place, and be subject to such terms of redemption, as the authority shall determine. The bonds or notes may be sold at public or private sale for such price as the authority shall determine.
(D) Neither the members of the authority nor any person executing the bonds or notes shall be liable personally on the bonds or notes or be subject to any personal liability or accountability by reason of the issuance thereof.
HISTORY: 1962 Code Section 22-41.8; 1969 (56) 444; 1993 Act No. 167, Section 5.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 109 - Educational Facilities Authority Act For Private Nonprofit Institutions Of Higher Learning › Section 59-109-110. Bonds not considered debt or liability of State or any political subdivision.

Bonds issued under the provisions of this chapter shall not be considered to constitute a debt or liability of the State or of any political subdivision thereof or a pledge of the faith and credit of the State or of any such political subdivision, but shall be payable solely from the funds herein provided therefor. All such bonds shall contain on the face thereof a statement to the effect that neither the State of South Carolina nor the authority shall be obligated to pay the same or the interest thereon except from amounts to be paid by the participating institution for higher learning pursuant to the financing agreement relating to such bonds and that neither the faith and credit nor the taxing power of the State of South Carolina or of any political subdivision thereof is pledged to the payment of the principal of or the interest on such bonds. The issuance of bonds under the provisions of this chapter shall not directly or indirectly or contingently obligate the State or any political subdivision thereof to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment.
HISTORY: 1962 Code Section 22-41.10; 1969 (56) 444; 1993 Act No. 167, Section 7.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 109 - Educational Facilities Authority Act For Private Nonprofit Institutions Of Higher Learning › Section 59-109-130. Monies received deemed trust funds.

All monies received pursuant to the authority of this chapter, whether as proceeds from the sale of bonds or as revenues, shall be deemed to be trust funds to be held and applied solely as provided in this chapter. Any officer with whom, or any bank or trust company with which, such monies shall be deposited shall act as trustees of such monies and shall hold and apply the same for the purposes hereof, subject to such regulations as this chapter and the proceedings authorizing the bonds of any issue or the trust agreement securing such bonds may provide.
HISTORY: 1962 Code Section 22-41.12; 1969 (56) 444; 1993 Act No. 167, Section 9.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 109 - Educational Facilities Authority Act For Private Nonprofit Institutions Of Higher Learning › Section 59-109-140. Enforcement of rights of bondholders.

Any holder of bonds issued under the provisions of this chapter and the trustee under any trust agreement, except to the extent the rights herein given may be restricted by any proceedings authorizing the issuance of or any such trust agreement securing such bonds, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State or granted hereunder or under such proceedings or trust agreement, and may enforce and compel the performance of all duties required by this chapter or by such proceedings or trust agreement to be performed by the authority or by any officer, employee, or agent thereof, including the fixing, charging, and collecting of the rates, rents, fees, charges, and other amounts herein authorized and required by the provisions of such proceedings or trust agreement to be fixed, established, and collected.
HISTORY: 1962 Code Section 22-41.13; 1969 (56) 444; 1993 Act No. 167, Section 10.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 109 - Educational Facilities Authority Act For Private Nonprofit Institutions Of Higher Learning › Section 59-109-150. Exemption from taxation.

The exercise of the powers granted by this chapter will be in all respects for the benefit of the people of this State, for the increase of their commerce, welfare, and prosperity, and for the improvement of their health and living conditions, and as the operation and maintenance of a project by the authority or its agent or a participating institution for higher learning will constitute the performance of an essential public function, neither the authority nor its agent shall be required to pay any taxes or assessments upon or in respect of a project or any property acquired or owned by the authority under the provisions of this chapter or upon the income therefrom, and any bonds issued under the provisions of this chapter, their transfer, and the income therefrom, including any profit made on the sale thereof, shall at all times be free from taxation of every kind by the State and by the municipalities and other political subdivisions in the State."
HISTORY: 1962 Code Section 22-41.14; 1969 (56) 444; 1993 Act No. 167, Section 11.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 109 - Educational Facilities Authority Act For Private Nonprofit Institutions Of Higher Learning › Section 59-109-160. Bonds as legal investments.

Bonds issued by authority under the provisions of this chapter are hereby made securities in which all insurance companies, trust companies, banking associations, investment companies, executors, administrators, trustees and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them.
HISTORY: 1962 Code Section 22-41.15; 1969 (56) 444.
2023 South Carolina Code of Laws › Title 59 - Education › Chapter 109 - Educational Facilities Authority Act For Private Nonprofit Institutions Of Higher Learning › Section 59-109-170. Annual reports.

The authority shall keep an accurate account of all its activities and of all its receipts and expenditures and annually in the month of January shall make a report of it to its members and to the Governor in a form prescribed by the members.
HISTORY: 1962 Code Section 22-41.16; 1969 (56) 444; 2005 Act No. 164, Section 33, eff June 10, 2005.
Effect of Amendment
The 2005 amendment deleted "and to the State Auditor, such reports to be" following "Governor" and at the end ", with the written approval of the Auditor" and made nonsubstantive and conforming amendments throughout.