reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-980. Terms, form, and execution of bonds.

Such bonds shall mature serially over a period not exceeding thirty years from the date of their issue, shall bear interest at a rate not exceeding four per cent per annum, payable annually, shall be payable to bearer within or without the State and shall be in such form and denominations as the city council of such municipality may determine. The said bonds shall be signed by the mayor and the treasurer, and the seal of the issuing municipality shall be impressed thereon, but the coupons attached may be authenticated by only the lithographed or the facsimile signatures of the mayor and treasurer of such municipality. The bonds so executed shall be valid notwithstanding any change in officials occurring before delivery thereof.
HISTORY: 1962 Code Section 32-848; 1952 Code Section 32-848; 1945 (44) 284.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-990. Sale of bonds.

Such bonds shall be sold for not less than par and accrued interest, upon sealed bids, after notice of such sale by publication in some newspaper published in the city or town or having general circulation therein for at least fifteen days prior thereto. The award shall be given to the bidder offering the most advantageous terms for the purchase of such bonds, but the city or town council may reject any and all bids and reoffer the bonds for sale.
HISTORY: 1962 Code Section 32-849; 1952 Code Section 32-849; 1945 (44) 284.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1000. Proceeds of bond issue.

The proceeds derived from the sale of such bonds shall be deposited with the city or town treasurer and shall be distributed by him upon direction of the hospital board of trustees for the purposes authorized herein.
HISTORY: 1962 Code Section 32-850; 1952 Code Section 32-850; 1945 (44) 284.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1010. Payment of bonds; annual tax.

The full faith, credit and taxing power of any city or town issuing bonds hereunder for the purposes outlined in this article are hereby irrevocably pledged for the prompt payment of such bonds, with accrued interest thereon, as and when they become due. And the city or town council of such municipality shall levy annually a sufficient tax on all the taxable property within the limits of such city or town sufficient to pay such bonds, with interest accruing thereon, as they respectively become due, and the city or town clerk and treasurer shall collect such tax and apply the proceeds thereof to the payment of the bonds.
HISTORY: 1962 Code Section 32-851; 1952 Code Section 32-851; 1945 (44) 284.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1020. Acquisition of property; memorials.

The board of trustees of any such hospital may acquire real estate by purchase or gift for hospital purposes in the name of the city or town and apply for and accept grants, gifts, contributions, trust funds or other property for and in the name of the hospital, may name the hospital in honor of any principal grantor or contributor to the same and may authorize and establish memorials in the hospital buildings or on the grounds in the name of any donor upon request.
HISTORY: 1962 Code Section 32-852; 1952 Code Section 32-852; 1945 (44) 284.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1030. Employment of architect; construction contract.

The board of trustees may also employ an architect to execute necessary plans for a hospital building or buildings and to supervise the construction thereof, if deemed necessary, and may contract for the construction of such building or buildings after receiving bids therefor according to the prevailing custom of receiving bids and letting contracts to the lowest responsible bidder, but may reject any and all bids until a satisfactory bid has been submitted.
HISTORY: 1962 Code Section 32-853; 1952 Code Section 32-853; 1945 (44) 284.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1040. Furnishings, equipment, and supplies; maintenance.

The board of trustees of any such hospital may also purchase furnishings, equipment and supplies and may replace the same from time to time, and they shall be responsible for the maintenance, repairs and upkeep of the buildings and property.
HISTORY: 1962 Code Section 32-854; 1952 Code Section 32-854; 1945 (44) 284.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1050. Jurisdiction of municipality when hospital outside its limits.

Should any municipal hospital authorized under the provisions of this article be built outside the corporate limits of the city or town, the jurisdiction of the municipal corporation shall extend over all land and property used for the hospital, and all ordinances of such city or town shall be in full force and effect in and over the territory so occupied.
HISTORY: 1962 Code Section 32-855; 1952 Code Section 32-855; 1945 (44) 284.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1060. Promulgation of rules for operation of hospital; employment of staff.

The board of trustees shall adopt and promulgate such rules, regulations and bylaws for the operation and government of the hospital as may be deemed expedient and necessary for the economic and equitable conduct thereof and establish thereby procedure for receiving and discharging patients and the rates, fees and charges to be made and collected for beds in wards or in private rooms and for the use of facilities and classified services, and, if and when necessary, the trustees may bring court proceedings for the enforcement of rights and the collection of accounts. They may also employ a superintendent of the hospital and other employees, designate the approved staff of physicians and surgeons, nurses and technicians and generally do any and all things necessary to carry out the operation of an approved hospital.
HISTORY: 1962 Code Section 32-856; 1952 Code Section 32-856; 1945 (44) 284.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1070. Persons who may be patients.

Any hospital established under the provisions of this article shall be primarily for the use and benefit of the inhabitants of the municipality owning and operating it, but in no event shall this article be construed as compelling such hospital to admit charity patients, it being the intent hereof that payment shall be made to the hospital for all patients according to the established rates, in order to operate the hospital, as far as possible, on a self-supporting basis. However, the board of trustees may admit nonresident patients from contributing districts, as hereinafter defined, upon the same rate basis as established for residents of the municipality, or they may admit nonresident patients from outside the municipality and outside contributing districts upon a higher rate basis than established and charged residents of the municipality and contributing districts, if such higher rates are deemed advisable and necessary to keep the hospital on a self-supporting basis. The board of trustees may also enter into contracts with any hospital benefit association permitted under the laws of this State to insure for hospital care and accept insured patients from within the municipality or from contributing districts or from other outside areas, if the facilities permit and beds are available. It may further authorize the admission and care of charity patients upon payment of approved charity rates by county or municipal governments or by payment from any charitable organization or eleemosynary corporation.
HISTORY: 1962 Code Section 32-857; 1952 Code Section 32-857; 1945 (44) 284.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1080. Agreements with contributing districts as to use of hospital.

The board of trustees of any municipal hospital established under the provisions of this article may enter into agreement with the residents of any adjoining or nearby school district, including any portion of a school district outside the limits in which such city or town is located, to permit the residents of such district to use the hospital upon the same conditions, terms and rates as extended and established for residents of the municipality. This shall be accomplished by fixing a levy of taxes upon all property in the school district, or any determined portion thereof, such levy to be commensurate with any levy made by the municipality for the purposes of payment of any bonded indebtedness incurred in the building of the hospital, the interest thereon and any costs of operation and maintenance.
HISTORY: 1962 Code Section 32-858; 1952 Code Section 32-858; 1945 (44) 284.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1090. Petition for agreement with adjoining district.

If the residents of any such school district, or portion thereof outside the city limits, desire to enter into such an agreement with the trustees of the hospital, they may petition the county legislative delegation of the county in which the district is located, setting forth the millage to be levied upon the property in the district and requesting the levy of such millage, such petition to be signed by a majority of the freeholders and also a majority of the qualified electors therein and to bear the approval of the board of trustees of the hospital.
HISTORY: 1962 Code Section 32-859; 1952 Code Section 32-859; 1945 (44) 284.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1100. Tax levy by adjoining county.

Upon presentation of such petition, the county legislative delegation of the county in which the district is located may, by resolution, direct the auditor of the county to levy annually the additional millage upon all the taxable property in the district for the benefit of the hospital named in the petition, in the same manner and at the same time as all other county taxes are levied, and further direct the treasurer of the county in which the district is located to collect such taxes for the benefit of the named hospital and to transfer the resulting fund to the treasurer of the city or town in which the hospital is located.
HISTORY: 1962 Code Section 32-860; 1952 Code Section 32-860; 1945 (44) 284.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1110. Cancellation of contributing agreement.

If at any time any such contributing agreement should become unsatisfactory, the hospital board of trustees may discontinue it at the end of any calendar year by giving prior notice to the county legislative delegation and the auditor of the county in which the school district is located, or a majority of the freeholders and a majority of the qualified electors in the district may petition the county legislative delegation to discontinue such agreement. In either such event the auditor of the county shall remove the special levy.
HISTORY: 1962 Code Section 32-861; 1952 Code Section 32-861; 1945 (44) 284.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1120. Annual audit.

The city or town council of any such municipality shall have an annual audit made of the records of the hospital, the moneys received and the expenditure thereof, such audit to be filed in the clerk's office and to become a part of the permanent records of such city or town.
HISTORY: 1962 Code Section 32-862; 1952 Code Section 32-862; 1945 (44) 284.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1130. Taxes shall pay deficits of hospital.

The council of any municipality building and operating a hospital under the terms of this article may levy annually upon all of the taxable property within the limits thereof a sufficient tax to supplement the costs of operation and maintenance of the hospital, should the hospital during any annual period fail to be self-supporting, such tax to be levied and collected in the same manner and at the same time as all other municipal taxes are levied and collected.
HISTORY: 1962 Code Section 32-863; 1952 Code Section 32-863; 1945 (44) 284.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1140. Cumulative effect of article.

The powers conferred in this article are cumulative and in addition to all existing laws authorizing the building, operation and maintenance of hospitals, and none of them are hereby amended or repealed, it being the intent hereof to provide additional authority and powers and alternative methods and procedure for the establishment, operation and maintenance of hospitals as herein directed.
HISTORY: 1962 Code Section 32-864; 1952 Code Section 32-864; 1945 (44) 284.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1310. Authorization for and trustees of city hospital commission.

The city council of any municipal corporation in the State containing more than five thousand inhabitants and less than ten thousand inhabitants, which has acquired, constructed or caused to be constructed a hospital, may establish a city hospital commission to operate and manage such hospital, may appoint or elect the trustees thereof and may fix by the ordinance establishing the commission the number of trustees thereof to be elected or appointed by the city council and their respective terms of office. In so doing it shall so provide that the original trustees when appointed shall serve originally for varying terms in office so that the term or terms of office of the several members of the commission may not expire at the same time. And upon the expiration of the term or terms of office of the trustees originally appointed the city council may appoint or elect their successors. And in the event of any vacancy by death, resignation or otherwise in the membership of any such commission the vacancy or vacancies may be filled by election or appointed by the city council for the unexpired term.
HISTORY: 1962 Code Section 32-871; 1952 Code Section 32-871; 1942 Code Section 7528-11; 1936 (39) 1358, 1375.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1320. Officers, minutes, and annual reports.

Any such commission shall select its chairman and secretary. Minutes of all its meetings shall be kept and be subject to the inspection of the city council or its representatives, and it shall submit reports to the city council annually or oftener if desired.
HISTORY: 1962 Code Section 32-872; 1952 Code Section 32-872; 1942 Code Section 7528-11; 1936 (39) 1358, 1375.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1330. Powers and duties.

Any such city hospital commission shall have the control and management of the hospital and may select the employees and officers of the hospital, including its medical and surgical staff, and may fix the charges and fees to be paid for the services of the hospital and adopt such rules and regulations concerning its management as it may see fit.
HISTORY: 1962 Code Section 32-873; 1952 Code Section 32-873; 1942 Code Section 7528-11; 1936 (39) 1358, 1375.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1340. Financial affairs.

Any such commission may provide for such compensation as may be necessary or advisable for the payment of any of its employees and officers in the conduct and management of the hospital, together with the expenses of the hospital, with authority to make such repairs or alterations from time to time as may be necessary and to construct or cause to be constructed or erected such additional buildings as may be necessary or advisable, all of which shall be paid for solely from the income of the hospital, which the commission may use for such purposes. The commission may accept gifts or legacies for the benefit of the hospital. But the commission may not bind the city to any obligation for the payment of any expenses in connection with the management, operation or construction of the hospital or for repairs, new buildings, construction or otherwise without first obtaining the consent and approval of the city council and shall incur no obligations that shall bind the city or city council in any way without first obtaining the consent thereto of such city council.
HISTORY: 1962 Code Section 32-874; 1952 Code Section 32-874; 1942 Code Section 7528-11; 1936 (39) 1358, 1375.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1420. Declaration of purpose.

It is hereby declared to be the policy of the State of South Carolina to promote the public health and welfare by providing means for the financing, refinancing, acquiring, enlarging, improving, constructing, equipping, and providing of hospital facilities to serve the people of the State and to make accessible to them modern and efficient hospital facilities at the lowest possible expense to those utilizing such hospital facilities.
The General Assembly hereby finds and declares that:
(1) There is a need to overcome existing and anticipated physical and technical obsolescence of existing hospital facilities, to provide additional modern and efficient hospital facilities in the State and to provide assistance to the extent herein provided in order that such hospital facilities may be made available at the lowest possible expense.
(2) Unless measures are adopted to alleviate such need, the shortage of such facilities will become increasingly more urgent and serious; and
(3) In order to meet such shortage and thereby promote the public health and welfare of the people of the State, it is necessary that assistance be afforded in the providing of adequate, modern and efficient hospital facilities in the State so that health and hospital care and services may be expanded, improved and fostered to the fullest extent practicable at the lowest possible expense.
(4) It is the purpose of this article to empower the governing bodies of the several counties of the State under the terms and conditions of this article to finance the acquisition, enlargement, improvement, construction, equipping and providing of such hospital facilities to the end that the public health and welfare of the people of the State will be promoted at the least possible expense to those utilizing such hospital facilities so provided. In this connection, such governing bodies shall function under the guidance of the State Fiscal Accountability Authority of South Carolina and the Department of Health and Environmental Control and shall be vested with all powers necessary to enable them to accomplish the purposes of this article, which powers shall be in all respects exercised for the benefits of the inhabitants of the State and to promote the public health and welfare of its citizens.
It is specifically found and declared that all action taken by any county in carrying out the purposes of this article will perform an essential governmental function.
HISTORY: 1962 Code Section 32-798; 1973 (58) 654.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1450. Issuance, execution, and terms of bonds; bond anticipation notes.

All bonds issued by a county board under authority of this article shall be limited obligations of its county, the principal, interest and redemption premiums, if any, on which shall be payable solely out of the moneys to be derived by such county pursuant to the loan agreement relating to the hospital facilities which the bonds are issued to finance (or refinance). Bonds and interest coupons issued under authority of this article shall never constitute an indebtedness of such county within the meaning of any State constitutional provision or statutory limitation and shall never constitute nor give rise to a pecuniary liability of the county or a charge against its general credit or taxing powers, and such fact shall be plainly stated on the face of each bond. Such bonds may be executed and delivered at any time as a single issue or from time to time as several issues, may be in such form and denominations, may be of such tenor, may be in registered or bearer form either as to principal or interest or both, may be payable in such installments and at such time or times not exceeding forty years from their date, may be subject to such terms of redemption, may be payable at such place or places, may have such conversion provision, may bear interest at such rate or rates (without regard to the limitations of Section 11-9-350 which shall not apply to any bonds) as the county board shall provide without limitation, may be payable at such place or places and evidenced in such manner, and may contain such provisions not inconsistent herewith, all of which shall be provided in the proceedings of the county board authorizing the bonds.
Any bonds issued under the authority of this article may be sold at public or private sale at such price and in such manner and from time to time as may be determined by the county board to be most advantageous, and the county board may pay, as a part of the cost of financing (or refinancing) any hospital facilities and out of the bond proceeds, all expenses, premiums and commissions which the county board may deem necessary or advantageous in connection with the authorization, sale and issuance thereof. All bonds issued under the authority of this article, except registered bonds which are registered otherwise than to bearer, and all interest coupons appurtenant thereto shall be construed to be negotiable instruments, despite the fact that they are payable solely from a specified source. The proceedings authorizing the issuance of bonds may provide for the issuance, in the future, of further bonds on a parity with those initially issued.
Pending the issuance of bonds, bond anticipation notes may be issued, and to the end that a vehicle be provided therefor, the provisions of Sections 11-17-10 to 11-17-110, as now or hereafter amended, shall be applicable to such bond anticipatory borrowing.
HISTORY: 1962 Code Section 32-798.4; 1973 (58) 654.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1460. Pledge of revenues to secure bonds; proceedings authorizing bonds.

The principal, interest and premium, if any, on any bonds shall be secured by a pledge of the revenues payable to the county pursuant to the loan agreement relating to the hospital facilities financed out of the bond proceeds and any bonds may be issued pursuant to a trust indenture, which may constitute a mortgage lien.
The proceedings under which bonds are authorized to be issued or any loan agreement or trust indenture may contain any agreements and provisions customarily contained in instruments providing for the issuance of, or securing bonds, including, without limiting the generality of the foregoing, provisions respecting the fixing and collection of the sums payable by the hospital agency or public agency to the county pursuant to the loan agreement, the maintenance and insurance of the hospital facilities, the creation and maintenance of special funds by the hospital agency or public agency, and the rights and remedies available in the event of default to the bondholders or to the trustee under such trust indenture, all as the county board shall deem advisable. Provided, however, that in making such agreement or provisions no county shall have the power to obligate itself except with respect to any security pledged, mortgaged or otherwise made available for the securing of the bonds, and the application of the revenues from the loan agreement, and shall not have the power to incur a pecuniary liability or a charge upon its general credit or against its taxing powers.
The proceedings authorizing any bonds hereunder and any trust indenture in connection therewith, may provide that in the event of default in payment of the principal of or the interest on such bonds or in the performance of any agreement contained in such proceedings or trust indenture, such payment and performance may be enforced by mandamus or by the appointment of a receiver in equity with such powers as may be necessary to enforce the obligations thereof. No breach of any such agreement shall impose any pecuniary liability upon the county or any charge upon its general credit or against its taxing power.
The trustee or trustees under any trust indenture, or any depository specified by such trust indenture, may be such person or corporations as the county board shall designate, notwithstanding that they may be nonresidents of South Carolina or incorporated under the laws of the United States or the laws of other states of the United States.
HISTORY: 1962 Code Section 32-798.5; 1973 (58) 654.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1470. Contracts for construction of hospital facilities.

Contracts for the construction of any hospital facilities may be let on such terms and under such conditions as the county board and the hospital agency or public agency may agree upon and may be let with or without advertisement or call for bids.
HISTORY: 1962 Code Section 32-798.6; 1973 (58) 654.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1480. Criteria to be considered by county boards in undertaking hospital facilities.

In undertaking any hospital facilities pursuant to this article, the county board shall be guided by and shall observe the following criteria and requirements; provided, that the determination of the county board as to its compliance with such criteria and requirements shall be final and conclusive, subject only to challenge as provided in Section 44-7-1590:
(a) There is a need for the hospital facilities in the area in which the hospital facilities are to be located.
(b) No hospital facilities shall be provided for any hospital agency or public agency which is not financially responsible and capable of fulfilling its obligations under the loan agreement, including the obligations to make the payments required thereunder, to operate, repair and maintain at its own expense the hospital facilities and to discharge such other responsibilities as may be imposed under the loan agreement.
(c) Adequate provision shall be made for the payment of the principal of and the interest on the bonds and any necessary reserves therefor and for the operation, repair and maintenance of the hospital facilities at the expense of the hospital agency or public agency.
(d) The public facilities, including utilities, and public services necessary for the hospital facilities will be made available.
HISTORY: 1962 Code Section 32-798.7; 1973 (58) 654.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1490. Approval of construction or other work on facilities required.

The county board shall not undertake the acquisition, construction, expansion, equipping or financing of any hospital facilities unless and until such approval of the Department of Health and Environmental Control for such undertaking as may be required under Article 3, Chapter 7, Title 44, shall have been obtained.
HISTORY: 1962 Code Section 32-798.8; 1973 (58) 654.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1500. Public agencies authorized to enter into loan agreements with county board.

For the purposes of this article, public agencies are authorized and empowered to enter into loan agreements (including agreements of lease) with any county board to facilitate the financing, acquiring, constructing, improving, enlarging, expanding, equipping, providing, operating and maintaining of hospital facilities and pursuant to any such loan agreement to operate, repair and maintain any hospital facilities and to pay the cost thereof from any funds available for such purpose and the payments required therefor.
HISTORY: 1962 Code Section 32-798.9; 1973 (58) 654.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1510. Investigations, studies, and other reviews by county board.

The county board is authorized to make or cause to be made such investigations, surveys, studies, reports and reviews as in its judgment are necessary and desirable to determine the feasibility and desirability of the hospital facilities, the extent to which the hospital facilities will contribute to the health and welfare of the area in which they will be located, the powers, experience, background, financial condition, record of service and capability of the management of the hospital agency or public agency involved, the extent to which the hospital facilities otherwise conform to the criteria and requirements of this article, and such other factors as may be deemed relevant or convenient in carrying out the purposes of this article.
HISTORY: 1962 Code Section 32-798.10; 1973 (58) 654.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1520. Provisions in loan agreement for completion of facilities, payments, and additional bonds.

Every loan agreement shall contain a covenant obligating the hospital agency or public agency to effect the completion of the hospital facilities if the proceeds of the bonds prove insufficient, and each such loan agreement shall obligate the hospital agency or public agency to make payments which shall be sufficient (a) to pay the principal of and interest on the bonds issued for such hospital facilities, (b) to build up and maintain any reserves deemed by the county board to be advisable in connection therewith, and (c) to pay the costs of maintaining the hospital facilities in good repair and the cost of keeping it properly insured. The loan agreement may provide for the issuance of additional parity bonds as required in order to complete the hospital facility.
HISTORY: 1962 Code Section 32-798.11; 1973 (58) 654.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1530. Provision in loan agreement for payments in lieu of taxes.

Every loan agreement made with a hospital agency which shall be a corporation created for profit, pursuant to which a public agency shall have acquired title to any hospital facilities, shall contain a provision requiring such hospital agency to make payments to the county or counties, school district or school districts, and other political units wherein the hospital facilities shall be located, in lieu of taxes, in such amounts as would result from taxes levied on the hospital facilities by such county or counties, school district or school districts, and other political unit or units, if the hospital facilities were owned by the hospital agency which is a corporation for profit, but with appropriate reductions similar to the tax exemptions, if any, which would be afforded to the hospital agency if it were the owner of the hospital facilities.
HISTORY: 1962 Code Section 32-798.12; 1973 (58) 654.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1540. Additional provisions in loan agreement; guarantee agreement.

Any loan agreement may provide that the hospital facilities will be owned by the county and leased to the hospital agency or public agency, may provide the hospital agency or public agency with an option to purchase the hospital facility upon such terms and conditions as the county board and the hospital agency or public agency shall agree upon at a price which may be a nominal amount or less than the true value at the time of purchase, or may provide that the hospital facilities shall become the property of the hospital agency or public agency upon the acquisition thereof. In connection with any loan agreement, any county board may obtain and enter into a guaranty agreement whereby a party other than the hospital agency or public agency guarantees in whole or in part the obligations of the hospital agency or public agency under the loan agreement upon such terms and conditions as the county board may deem appropriate.
HISTORY: 1962 Code Section 32-798.13; 1973 (58) 654.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1550. Use of proceeds from sale of bonds.

The proceeds from the sale of any bonds issued under authority of this article shall be applied only for the purpose for which the bonds were issued; provided, however, that any premium and accrued interest received in any such sale shall be applied to the payment of the principal of or the interest on the bonds sold; and provided, further, that if for any reason any portion of the proceeds shall not be needed for the purpose for which the bonds were issued, such unneeded portion of the proceeds shall be applied to the payment of the principal of or interest on the bonds.
HISTORY: 1962 Code Section 32-798.14; 1973 (58) 654.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1570. Bonds as legal investments.

It shall be lawful for all executors, administrators, guardians, committees and other fiduciaries to invest any moneys in their hands in bonds issued under the provisions of this article.
HISTORY: 1962 Code Section 32-798.16; 1973 (58) 654.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1580. Exemption from taxation.

The bonds authorized by this article and the income therefrom, all trust indentures and mortgages executed as security therefor, all loan agreements (including agreements of lease) made pursuant to the provisions hereof, and the revenues derived from any loan agreement thereof shall be exempt from all taxation in the State of South Carolina except for inheritance, estate or transfer taxes; and all trust indentures, mortgages and loan agreements made pursuant to the provisions of this article shall be exempt from South Carolina stamp and transfer taxes.
HISTORY: 1962 Code Section 32-798.17; 1973 (58) 654.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1590. Procedure for approval by Authority of issuance of bonds.

(A) No bonds may be issued pursuant to the provisions of this article until the proposal of the county board to issue the bonds receives the approval of the authority. Whenever a county board proposes to issue bonds pursuant to the provisions of this article, it shall file its petition with the authority setting forth:
(1) a brief description of the hospital facilities proposed to be undertaken and the refinancing or refunding proposed;
(2) a statement setting forth the action taken by the Department of Health and Environmental Control in connection with the hospital facilities;
(3) a reasonable estimate of the cost of hospital facilities;
(4) a general summary of the terms and conditions of the proposed loan agreement; and
(5) such other information as the authority requires.
(B) Upon the filing of the petition the authority, as soon as practicable, shall conduct the review as it considers advisable, and if it finds that the proposal of the governing board is intended to promote the purposes of this article, it is authorized to approve the proposal. At any time following the approval, the county board may proceed with the issuance of the bonds in accordance with the proposal as approved by the authority. Notice of the approval of the proposal by the authority must be published at least once by the authority in a newspaper having general circulation in the county where the hospital facilities are or are to be located. The notice must set forth the action taken by the county board pursuant to Section 44-7-1480 and the action taken by the Department of Health and Environmental Control pursuant to Section 44-7-1490.
(C) Any interested party, within twenty days after the date of the publication of the notice, but not afterwards, may challenge the action so taken by the authority, the county board, or the Department of Health and Environmental Control, by action de novo in the court of common pleas in any county where the hospital facilities are to be located.
HISTORY: 1962 Code Section 32-798.18; 1973 (58) 654; 1994 Act No. 426, Section 2.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1600. Provisions which resolution and loan agreement may contain; liability on bonds.

Any resolution authorizing or trust indenture providing for any bonds or any issue of bonds and any loan agreement may contain provisions, which shall be part of the contract with the holders of the bonds to be authorized, as to:
(1) Pledging all or any part of the revenues of any hospital facilities financed in whole or in part out of the proceeds of such bonds including revenues to be derived from a leasing of such hospital facilities, to secure the payment of the bonds issued to defray the cost, or any portion of the cost, of such hospital facilities; (2) the rentals, fees and other charges to be charged, and the amounts to be raised in each year thereby, and the use and disposition of the revenues; (3) the setting aside of reserves or sinking funds, and the regulation and disposition thereof; (4) limitations on the right of the county board or its agent to restrict and regulate the use of the hospital facilities; (5) limitations on the purpose to which the proceeds of sale of any issue of bonds then or thereafter to be issued may be applied; (6) limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured and the refunding of outstanding bonds; (7) the procedure, if any, by which the terms of any resolution, loan agreement or trust indenture may be amended or abrogated, the amount of bonds the holders of which must consent thereto, and the manner in which such consent may be given; (8) defining the acts of omissions to act which shall constitute a default in the duties of the county board to holders of its obligations and providing the rights and remedies of such holders in the event of a default; and (9) the mortgaging of any hospital facilities and the site thereof for the purpose of securing the bondholders.
Neither the members of any county board nor any person executing any bonds shall be liable personally on the bonds or be subject to any personal liability or accountability by reason of the issuance thereof.
HISTORY: 1962 Code Section 32-798.19; 1973 (58) 654.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1610. Revenues deemed trust funds.

All moneys received pursuant to the authority of this article, 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 article and in any resolution or trust indenture pursuant hereto. Any officer with whom, or any bank or trust company with which, such moneys shall be deposited shall act as trustee of such moneys and shall hold and apply the same for the purposes hereof, subject to such regulations as this article and the resolution authorizing the bonds of any issue or any trust indenture.
HISTORY: 1962 Code Section 32-798.20; 1973 (58) 654.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1620. Enforcement of rights by bondholders and trustees.

Any holder of revenue bonds issued under the provisions of this article or any of the coupons appertaining thereto, and the trustee under any trust indenture, except to the extent the rights herein given may be restricted by any resolution authorizing the issuance of, or any such trust indenture 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 resolution or trust indenture, and may enforce and compel the performance of all duties required by this article or by such resolution or trust indenture to be performed by any county board or by any officer, employee or agent.
HISTORY: 1962 Code Section 32-798.21; 1973 (58) 654.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1630. Provision for daily charge on persons using hospital.

Any loan agreement may contain a provision whereby the hospital agency or public agency agrees to impose a daily charge upon persons using the hospital facilities financed out of the bond proceeds (or any other hospital facilities owned or operated by the hospital agency or public agency) in an amount sufficient to produce revenues adequate to discharge the obligation of the hospital agency or public agency under the loan agreement; and further, that in the event the hospital agency or public agency shall fail to impose such daily room charge at the request of the county or its assignee, then and in that event the county or its assignee may proceed to compel by specific performance the imposition and collection of such a daily room charge and the use of the revenues derived therefrom to discharge the obligations of the hospital agency or public agency under the loan agreement.
HISTORY: 1962 Code Section 32-798.22; 1973 (58) 654.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1640. Authorization to issue bonds with proceeds to be loaned to more than one hospital agency or public agency; procedures; bonds to be limited obligations.

(A) Notwithstanding any other provision of this article, the authorization of an issue of bonds the proceeds of which are loaned to more than one hospital agency or public agency to construct or acquire hospital facilities, whether or not the hospital facilities are located or will be located in the jurisdiction of one or more counties, may be governed by Sections 44-7-1640 through 44-7-1720 of this article. The governing body of the authorizing issuer may authorize an issue of bonds for hospital facilities located outside the jurisdiction of the authorizing issuer, provided, hospital facilities will be simultaneously financed under this article in the jurisdiction of the authorizing issuer pursuant to a subsidiary loan agreement. However, no proceeds may be used to acquire or construct hospital facilities in any project county unless an intergovernmental loan agreement is executed between the authorizing issuer and the project county and unless the county board of the project county consents to the intergovernmental loan agreement.
(B) All bonds issued by an authorizing issuer under authority of this article are limited obligations of the authorizing issuer and the project county. The principal, interest, and redemption premiums, if any, on the bonds are payable solely out of the monies to be derived by the authorizing issuer pursuant to one or more intergovernmental loan agreements between the authorizing issuer and the project county or subsidiary loan agreements between the authorizing issuer and a hospital agency or public agency relating to the hospital facilities in the jurisdiction of the authorizing issuer which the bonds are issued to finance or refinance or a subsidiary loan agreement between the project county and the hospital agency or public agency within the jurisdiction of the project county. Bonds and interest coupons issued under authority of this article do not constitute an indebtedness of the authorizing issuer or project county within the meaning of any state constitutional provision or statutory limitation and do not constitute nor give rise to a pecuniary liability of the authorizing issuer or project county or a charge against their general credit or taxing powers, and this fact must be plainly stated on the face of each bond.
HISTORY: 1962 Code Section 32-798.23; 1973 (58) 654; 1987 Act No. 201 Section 3.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-1650. Intergovernmental loan agreements.

The authorizing issuer and the project county are authorized and empowered to enter into an intergovernmental loan agreement to facilitate the financing of hospital facilities. An intergovernmental loan agreement obligates the project county to make payments to or on account of the authorizing issuer from payments received under one or more subsidiary loan agreements. The intergovernmental loan agreement is a limited obligation of the project county payable solely from the revenues derived under one or more subsidiary loan agreements. The intergovernmental loan agreement does not constitute an indebtedness of the project county within the meaning of any state constitutional provision or statutory limitation and does not constitute nor give rise to a pecuniary liability of the project county or a charge against its general credit or taxing powers, and this fact must be plainly stated in the intergovernmental loan agreement.
HISTORY: 1987 Act No. 201 Section 4.