NUMBER:   BTRU 1.00
SECTION:  Board of Trustees                         

SUBJECT:  Statutory Basis of the University                       
       

DATE:     February 1, 1995
                     
Policy for:     All Campuses
Procedure for:  All Campuses
Authorized by:  Thomas Stepp
Issued by:      Board of Trustees

________________________________________________________________


                           CHAPTER 117
                   University of South Carolina


59-117-10.  Composition of board of trustees of the University of
South Carolina.

     The board of trustees of the University of South Carolina
shall be composed of the Governor of the State (or his designee), 
the State Superintendent of Education,  the Chairman of the
Senate Committee on Education (or his designee from that
committee), and the President of the Greater University of South
Carolina Alumni Association, which three shall be members ex
officio of the board; and seventeen other members including one
member from each of the sixteen judicial circuits to be elected
by the general vote of the General Assembly as hereinafter
provided and one at-large member appointed by the Governor.  The
Governor shall make the appointment based on merit regardless of
race, color, creed, or gender and shall strive to assure that the
membership of the board is representative of all citizens of the
State of South Carolina.  (effective January 1,1992)

59-117-20.  Terms of elected members of board.

     The regular term of office of each trustee elected by the
General Assembly is four years; however, the trustee shall
continue to function as a trustee after his term has expired
until his successor is elected and qualifies.  Trustees from the
first, third, fifth, seventh, ninth, eleventh, twelfth, and
thirteenth judicial circuits whose terms expire March 31, 1982,
must next be elected for terms commencing on April 1,  1982, and
those terms expire on June 30, 1986.  Trustees from the second,
fourth, sixth, eighth, tenth,  fourteenth, fifteenth and
sixteenth judicial circuits elected for terms to commence April
1, 1984, shall have their terms extended to June 30, 1988, and
must next be elected for terms commencing on July 1,  1988. 
Thereafter, the General Assembly shall hold elections every two
years for the purpose of selecting successors of those trustees
whose terms are then expiring.  The term of office of an elective
trustee commences on the first day of July of the year in which
the trustee under this plan is scheduled to be elected and the
term continues until the thirtieth day of June of the year in
which the term is scheduled to expire.  After its 1984 session,
the General Assembly shall elect successors to those elective
trustees whose terms are expiring not earlier than the first day
of April of the year the term expires.  In electing members of
the board, the General Assembly shall elect members based on
merit regardless of race, color, creed, or gender and shall
strive to assure that the membership of the board is
representative of all citizens of the State of South Carolina.
     The term of office of the at-large trustee appointed by
the Governor is effective upon certification to the Secretary of
State and is four years.  If the Governor, chooses to designate a
member to serve in his stead as permitted by 59-117-10, the
appointment is effective upon certification to the Secretary of
State and shall continue, at the pleasure of the Governor making
the appointment, so long as they continue to hold the specified
office.
     The term of the President of the Greater University of
South Carolina Alumni Association is for the active term of
office as president. (effective January 1, 1992)


59-117-30.  Vacancies; compensation.

     In case a vacancy should occur in the board among the
members elected by the General Assembly, the Governor may fill it
by appointment until the next session of the General Assembly. 
Any vacancy occurring in the office of the member appointed by
the Governor shall be filled for the remainder of the unexpired
term by appointment in the same manner of original appointments. 
Each member of the board shall draw such per diem and expenses as
from time to time may be allowed boards, commissions and
committees.
     Elections to fill vacancies which are caused by the death,
resignation or removal of an elective trustee may be held earlier
than the first day of April of the year in which the unexpired
term terminates,  but the term of the person elected to fill the
vacancy expires on the last day of June of the year in which the
term of the former member would have expired.

59-117-40.  Board constituted body corporate and politic; powers.

     The board of trustees of the University of South Carolina
is and is hereby constituted a body corporate and politic, in
deed and in law under the name of the University of South
Carolina.  Such corporation has the following powers:

     (1)  to have perpetual succession;
     (2)  to sue and be sued by the corporate name;
     (3)  to have a common seal and to alter it at pleasure;
     (4)  to make contracts and to have,  to hold,  to purchase
and to lease real estate and personal property for corporate
purposes; and to sell and dispose of personal property and any
buildings that are deemed by it as surplus property or not
further needed and any buildings that it may need to do away with
for the purpose of making room for other construction.  All such
powers shall be exercised in a manner consistent with the
provisions of Chapter 35 of Title 11 of the 1976 Code.
     (5)  to appoint a chairman of the board of trustees and to
appoint a University president,  treasurer and secretary, and in
the appointment of these latter three to prescribe their duties
and their terms of office and to fix their compensation;
     (6)  to appoint or otherwise provide for the appointment
of subordinate and assistant officers and agents, faculty
members, instructors and other employees, prescribing the terms
of their employments, their duties and fixing their
compensations; 
     (7)  to make bylaws and all rules and regulations deemed
expedient for the management of its affairs and its own
operations not inconsistent with the Constitution and laws of
this State or of the United States;
     (8)  to condemn land for corporate purposes as provided in 
59-117-70;
     (9)  to fix tuition fees and other charges for students
attending the University, but these shall not be inconsistent
with statutes where the legislature undertakes to fix such fees
and charges;
      (10)  to confer degrees upon students and such other
persons as in the opinion of the board of trustees may be
qualified to receive them;
     (11)  to accept, receive and hold all moneys or other
properties, real and personal, that may be given, conveyed,
bequeathed or devised to the University and to use them for the
benefit of the University but in those cases where such money or
property is received charged with any trust then in every case
such money or property shall be held and used strictly in
accordance with the terms of such trust; provided,  however,
where the terms of any such trust would require something to be
done other than merely to administer the trust no obligation in
receiving the trust over and above merely its administration
shall be binding upon the University or the State except such as
are accepted by the General Assembly;
     (12)  to assign any member of the faculty to additional
duties in any other University department than that in which the
faculty member may at the time be working and without additional
salary; 
     (13)  in all investigations touching the affairs of the
University the board of trustees is invested with full powers to
compel by subpoena, rule and attachment witnesses to appear and
testify and papers to be produced and read before such board;
     (14)  to adopt such measures and make such regulations as
may in the discretion of the board of trustees be necessary for
the proper operation of the University; 
     (15)  to appoint for the University a board of visitors of
such number as the board of trustees may deem expedient and to
regulate the terms during which the members of such board shall
serve and to prescribe the functions of such board of visitors; 
     (16)  to remove any officer, faculty member, agent or
employee for incompetence, neglect of duty, violation of
University regulations or conduct unbecoming a person occupying
such a position; 
     (17)  to appoint an executive committee not exceeding five
members of the board who shall have all the powers of the board
during the interim between meetings of the board but not the
power to do anything which is inconsistent with the policy or
action theretofore taken by the board, and the executive
committee shall at each meeting of the board report fully all
action taken by it during the interim; and
     (18)  to appoint committees of the board of trustees or
officers or members of the faculty of the University, with such
power and authority and for such purposes in connection with the
operation of the University as the board of trustees may deem
wise.

59-117-50.  Meetings of board; quorum.

     The board of trustees shall meet not less frequently than
quarterly, the time and place of each such regular meeting to be
fixed by the chairman of the board or otherwise as the board of
trustees shall provide.  If the Governor chooses to serve as an
ex officio member of the board, he shall preside at all regular
and special meetings of the board of trustees in which he is in
attendance.  At those meetings at which the Governor is not in
attendance the chairman of the board of trustees shall preside,
and in his absence such member shall preside as the board may
select.  The Governor of the State (if serving as an ex officio
member of the board), the chairman of the board of trustees and
the president of the University shall each have the power to call
a special meeting of the board of trustees and fix the time and
place thereof.   Any five members of the board shall likewise
have this power.  A majority of the members of the board of
trustees shall constitute a quorum for the transaction of all
business of the board, but not less than a majority vote of the
whole board shall be required for the election or removal of a
president.  It shall be the duty of the president and other
officers as well as members of the faculty to attend meetings of
the board of trustees when requested to do so.
     Notice of the time and place of all meetings, both regular
and special meetings, of the board of trustees of the University
of South Carolina shall be mailed by the secretary or his
assistant to each trustee not less than five days before each
meeting thereof.

59-117-60.  Property and rights vested in University.

     All property, real and personal, and rights of every
description which have heretofore been vested in the South
Carolina College and the University of South Carolina and the
trustees of the University of South Carolina are vested in the
"University of South Carolina."

59-117-70.  Right of condemnation by board.

     The trustees of the University of South Carolina may, in
their discretion, make use of the provisions of Chapter 5 of
Title 28 to acquire land for which funds are provided by the
General Assembly.





59-117-80.  Board authorized to lease or sell real property
donated during fund campaign.

     After obtaining the approval of the State Budget and
Control Board, the board of trustees of the University of South
Carolina is authorized to lease or to sell and convey from time
to time any real property which may have been or may hereafter be
donated to the University in the course of its current greater
university fund campaign, or any similar campaign which may be
conducted at any future time, for such consideration and upon
such terms and at such times and in such manner as shall be set
forth in the resolution of approval of the State Budget and
Control Board.  The proceeds of any such lease or sale shall be
applied to the original purpose of the donation of the property
leased or sold.

59-117-90.  Closing of streets bordered by University property.

     The University of South Carolina is authorized to close
any public road or street which is bordered on two sides by
property now owned by the University or hereafter acquired by it. 
Provided, that no road or street shall be closed which is
situated within the corporate limits of the city of Columbia
without concurrence of the governing body of the city.  Provided,
further, that no section of the State highway system shall be
closed without concurrence of the Department of Transportation.
(effective July 1, 1993)

59-117-100.  President shall not be atheist or infidel.

     The board of trustees shall take care that the president
of the University shall not be an atheist or infidel. 

59-117-210.  Purpose; authorization

     (A) The General Assembly finds that it is desirable to
provide continuing and general statutory authority for the
University of South Carolina to incur debt for, among other
things, the purpose of providing funds to acquire, construct,
renovate, and equip certain revenue-producing auxiliary
facilities, which debt is secured by a pledge of revenues derived
from the operation of some or all of the facilities.  The
University of South Carolina has demonstrated need for additional
funds to provide for acquisition, construction, renovation, and
equipping of these facilities.  These facilities are needed to
replace or renovate aging facilities and to provide additional
facilities all to the end that the educational environment at the
University of South Carolina will be enhanced for the benefit of
present and potential students at the University of South
Carolina.
     (B) Consideration has been given to this need and to the
methods of funding it.  It has been determined to be in the best
interests of the people of this State to authorize the University
to acquire, construct, renovate, and equip additional facilities
and to incur indebtness for these purposes which is payable from
the revenues derived from the operation of these facilities to
the extent and under the conditions provided for in this article.
(effective May 29, 1990)

59-117-220.  Definitions.

As used in this article:
     (1) "Bond" or "bonds" means any note, bond, installment
contract, or other evidence of indebtness issued pursuant to this
article.
     (2) "University" means the University of South Carolina.
     (3) "Facilities" means any or all of the following
facilities operated to provide for the students, faculty, or
staff at the University: dinning or food service facilities;
laundry facilities; canteen facilities; vending machines;
convenience stores; any other facilities for the sale of sundry
items; health services; book stores; parking lots and vehicle
registration; and all furniture, furnishings, and equipment in
them, which are now owned by the University, or which may be
acquired by the University for any of these purposes.
     (4) "Revenues" of any facilities means the entire receipts
of the University from the operation of the facilities.  'Net
revenues' means these receipts reduced by the necessary expenses
for operation and maintenance of the facilities.
     (5) "Board" means the State Budget and Control Board.
     (6) "Trustee" means the Board of Trustees of the
University or any successor body. (effective May 29, 1990)

59-117-230.  Trustees authorization; acquisition of facilities;
bond refunds.

     The trustees are authorized to acquire additional
facilities and to improve and renovate existing facilities to the
extent they determine to be necessary, and the proceeds of bonds
authorized by this article are made available for that purpose. 
The trustee also are authorized to refund bonds that may from
time to time be outstanding pursuant to this article by exchange
or otherwise. (effective May 29, 1990)

59-117-240.  Issuance of bonds; limit.

     Upon receiving the approval of the board and upon review
by the Joint Bond Review Committee, the trustees may from time to
time borrow such sums as may be necessary to accomplish the
purpose of this article and to evidence these borrowing by bonds
issued pursuant to this article in such aggregate principal
amount as they determine, except that other provisions of this
article to the contrary notwithstanding, there may not be
outstanding at any time bonds issued pursuant to this article in
excess of twenty-five million dollars. (effective May 29, 1990)

59-117-250.  Funding of bonds; security, generally.

     Bonds issued pursuant to this article must be payable from
the revenues or the net revenues derived by the University from
these facilities as designated by the trustees with respect to
the bonds.  The trustees may abandon the use of any portion of
the facilities or sell or dispose of any portion of the
facilities upon receipt of a written recommendation by the chief
financial officer of the University to the effect that the action
will not adversely affect the ability of the University to
discharge its obligations to the holders of bonds issued pursuant
to this article and upon the further conditions as prescribed in
the resolution of the trustees providing for the issuance of
bonds.  The bonds issued pursuant to this article may be further
secured by the additional pledges of other revenues of fees of
the University as it may be authorized to grant pursuant to other
laws of this state. (effective May 29, 1990)

59-117-260.  Bonds not guaranteed by State; trustees not
personally liable.

     The faith and credit of the State may not be pledged for
the payment of the principal and interest of the bonds, and there
must be on the face of each bond a statement plainly worded to
that effect.  Neither the trustees nor any other person signing
the bonds is personally liable for them.  (effective May 29,
1990)

59-117-260.  Bond specification; issuing resolutions.

     In order to avail themselves of the authorizations set
forth in this article, the trustees shall adopt resolutions
providing for the issuance of bonds of the University, within the
limitations mentioned in this article which must prescribe the
tenor, terms, and conditions of the bonds.  The bonds must be
issued as serial or term bonds, maturing in equal or unequal
amounts, at such times and on such occasions as the trustees
determine.  The last maturing bonds of any issue must be
expressed to mature not later than fifty years from their date,
and the first maturing bonds of any issue, issued pursuant to
this article, falls due within five years from their date.  They
must bear such rates of interest, payable on such occasion, as
the trustees prescribe, and the bonds must be in such
denominations, payable in such medium of payment, and at such
place as such resolutions prescribe.  All bonds may be issued
with a provision permitting their redemption on any interest
payment date before their respective maturities.  Bonds made
subject to redemption before their stated maturities may contain
a provision requiring the payment of a premium for the privilege
of exercising the resolutions authorizing their issuance.  All
bonds that are subject to redemption authorizing their issuance
must contain provisions specifying the manner of call and the
notice of call that must be given. (effective  May 29, 1990).

59-117-280. Tax exempt status.

     The bonds authorized by this article and all interest to
become due on them have the tax exempt status prescribed by
Section 12-1-60. (effective May 29, 1990).

59-117-290.  Who may invest in bonds.

     It is lawful for all executors, administrators, guardians
,and fiduciaries, all sinking fund commissions, the board, as
trustee of the South Carolina Retirement System, and all other
governmental entities within this State to invest any monies in
their hands in the bonds.  (effective May 29, 1990).

59-117-300.  Execution of bonds and coupons; registration as to
principal and interest.

     The bonds and coupons, if any, attached to the bonds, are
executed manually or by facsimile in the name of the University
in the manner and by persons as the trustees from time to time
determine, and the seal of the University must be affixed to or
impressed or reproduced on each bond.  Any coupons attached to
the bonds must be authenticated by the facsimile signature of one
or more of the persons signing the bonds.  The bonds, in the
discretion of the trustees, may  be registerable as to principal
and interest on books kept for them by or on behalf of the
University, including by a corporate registrar.  The delivery of
the executed bonds in valid notwithstanding the foregoing, the
bonds, in the discretion of the trustees, may be issued as fully
registered noncertificated book-entry securities. (effective May
29, 1990).

59-117-310. Sale; advertisement; discounts.

     The bonds must be disposed of in such manner as the
trustees determine, except that no sale privately negotiated
without public advertisement may  be made unless the approval of
the board is obtained.  If the trustees elect to sell the bonds
at public sale, at least one advertisement of them must appear in
some newspaper of general circulation in this State not less than
seven days before the date fixed for the opening of bids.  The
bonds may be sold at such discount or for such premium as may be
determined by the trustees of their designee as being in the best
interest of the University.  (effective May 29, 1990).

59-117-320.  Trustees' powers for purposes of securing principal
and interest of bonds.

     To the end that the payment of the principal and interest
of the bonds authorized by this article is secured adequately,
the trustees of the University may:
     (1) issue bonds in such amount within the limitations
provided for in this article, as the trustees consider necessary. 
It is lawful for the trustees to use a portion for the principal
proceeds derived from any sale of  bonds, except bonds issued to
effect refunding of outstanding bonds, to meet the payment of
interest on the bonds for a period equal to the period of
construction of the facilities to  be financed with the proceeds
of the loan are completed an undue burden may be imposed upon the
existing revenues at that time; 
     (2) pledge the revenues or the net revenues of the
facilities as designated by the trustees in connection with the
issuance of the bonds, whether then or after that time to be
existing and to pledge any otherwise available gifts, grants, or
donations to the University for the payment of the principal of
and interest on the bonds as they respectively mature.  However,
any surplus of the revenues or net revenues available after the
payment of costs of operation establishment of any debt service
reserve obligation under the proceedings providing for the
issuance of the bonds, is placed in a contingency and improvement
fund for the facilities in order to restore depreciated or
obsolete items of the facilities, to make improvements to the
facilities, to defray the cost of unforeseen contingencies with
regard to the facilities, to prevent defaults under such bonds,
or to redeem any of the bonds;
     (3) further secure the bonds with a pledge of any
additional revenues or fees of the University as may be
authorized under other laws of this State;
     (4) covenant that no facilities owned by the University
may be used free of charge, or to specify and limit the
facilities which may be used free of charge;
     (5) covenant to establish and maintain a system of rules
as will insure the continuous use and occupancy of the
facilities, whose revenues are pledged to secure any bonds;
     (6) covenant that an adequate schedule of charges be
established and maintained for the facilities designated by the
trustees, whose revenues or net revenues are pledged to secure
the bonds, to the extent necessary to produce sufficient revenues
to:
        (a) pay the cost of operating and maintaining the
facilities, whose revenues or net revenues are pledged for    
the payment of the bonds, including the cost of fire, extended
coverage and use, and occupancy insurance;
        (b) pay the principal and interest of the bonds as they
respectively become due;
        (c) create and at all times maintain an adequate debt
service reserve fund to meet the payment of the     principal
and interest; and
        (d) create and at all times maintain an adequate
reserve for contingencies and for major repairs and      replacement.
     (7) covenant against the mortgaging or disposing of the
facilities designated by the trustees, whose revenues or net
revenues are pledged for the payment of the bonds, and against
permitting or suffering any lien to be created on trustees are
empowered to discontinue the use of or demolish obsolete
facilities and to reserve the right, under the terms they
prescribe, to issue additional bonds on a parity with the bonds
authorized by this article, if at some later date they obtain
legislative authorization for the issuance of additional bonds;
     (8) covenant as to the use of the proceeds derived from
the sale of any bonds issued pursuant to this article;
     (9) provide for the terms, forms, registration, exchange,
execution and authentication of bonds, and for the replacement of
lost, destroyed, or mutilated bonds;
     (10) make covenants with respect to the use of the
facilities, to be constructed with the proceeds of the bonds
authorized by this article, and of the other facilities, whose
revenues must be pledged for the payment of the bonds;
     (11) covenant that all revenues or net revenues of the
particular facilities pledged for the payment of the bonds must
be segregated into special funds and that the funds must be used
solely for the purposes for which they are intended and for no
other purpose;
     (12) covenant for the mandatory redemption for bonds on
the terms and conditions as the resolutions authorizing the bonds
prescribe;
     (13) provide for early defeasance of bonds through the
establishment of special escrow accounts maintained by a
corporate trustee, which may be the State Treasurer, of cash or
United States government obligations, or obligations of agencies
of them, which escrows may be funded with proceeds of bonds
issued under the provisions of this article or revenues or other
funds available to the University;
     (14) prescribe the procedure, if any, by which the terms
of the contract with the bondholders may be amended, the number
of bonds whose holders must consent to it, and the manner in
which consent is given;
     (15) covenant as to the maintenance of the facilities,
whose revenues must be pledged for the payment of the bonds, the
insurance to be carried on them, and the use and disposition of
proceeds from any insurance policy;
     (16) prescribe the events of default and the terms and
conditions upon which all or any bonds become or may be declared
due before maturity and the terms and conditions upon which the
declaration and its consequences may be waived;
     (17) impose a statutory lien upon the facilities
designated by the trustees, the revenues or net revenues of 
which must be pledged to secure the bonds.  The lien must extend
to the facilities, to their appurtenances and extension, to their
additions, improvements and enlargements to the extent specified
in the resolutions and must inure to the benefit of the holders
of the bonds secured by the lien.  The facilities remain subject
to the statutory lien until the payment in full of the principal
and interest of the bonds.  A holder of a bond, or any of the
coupons representing interest on them, either at law or in
equity, by suit, action, mandamus, or other proceedings, may
protect and enforce the statutory lien, and by suit, action,
mandamus, or other proceedings may enforce and compel performance
of all duties of the trustees, including the fixing of sufficient
rates, the proper segregation of the revenues, and the proper
application of them.  However, the statutory lien many not be
construed to give the bond or coupon holder authority to compel
the sale of any of the facilities or any part of them;
     (18) covenant that if there is a default in the payment of
the principal of or interest upon any of the bonds, a court
having jurisdiction in any proper action may appoint a receiver
to administer and operate the facilities designated by the
trustees, whose revenues or net revenues are pledged for the
payment of the bond, with power to fix rates and charges for the
facilities, sufficient to provide for the payment of the expense
of operating and maintaining the facilities, and to apply the
income and revenues of the facilities to the payment of the
bonds, and the interest on them;
     (19) establish on or before the delivery of any bonds
issued pursuant to this article a debt service reserve fund and
to cause it to be deposited with a corporate trustee, who may be
the State Treasurer, and to that end, the trustees are empowered
to utilize any monies available for that purpose, including
revenues previously accumulated from the facilities before the
issuance of bonds.  In the discretion of the trustees, in lieu of
cash, the debt service reserve fund may be funded with a surety
bond, insurance policy, letter of credit, line of credit, or
similar guarantee.  At the discretion of the trustees, the
University may purchase an insurance policy insuring payment of
both principal and interest on any issuance of bonds under the
provisions of this article;
     (20) appoint a corporate trustee, who may be the State
Treasurer, or paying agent to whom must be paid all or any
portion of the revenues or net revenues pledged to the payment of
the bonds or derived from the operation of the facilities, and to
prescribe the manner in which these revenues or net revenues must
be utilized and dispose of.  The corporate trustee shall serve in
a fiduciary capacity as trustee for the bondholders under the
resolutions of the trustees authorizing the issuance of bonds.
(effective May 29, 1990).

59-117-330.  No time limit for issuing bonds.

     No time limit is set for the issuance of bonds pursuant to
this article.  (effective May 29, 1990).

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