H 3879 Session 109 (1991-1992)
H 3879 General Bill, By Meacham
A Bill to amend Title 59, Code of Laws of South Carolina, 1976, by adding
Chapter 140 so as to provide for The Drug-Free Postsecondary Education Act.
04/11/91 House Introduced and read first time HJ-26
04/11/91 House Referred to Committee on Education and Public
Works HJ-26
02/18/92 House Tabled in committee
A BILL
TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING CHAPTER 140 SO AS TO PROVIDE FOR THE
DRUG-FREE POSTSECONDARY EDUCATION ACT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 59 of the 1976 Code is amended by adding:
"CHAPTER 140
Drug-Free Postsecondary Education
Section 59-140-10. This chapter may be cited as the Drug-Free
Postsecondary Education Act.
Section 59-140-20. As used in this chapter:
(1) `Controlled substance' means any drug, substance, or
immediate precursor included in the definition of the term `controlled
substance' in Section 44-53-110.
(2) `Convicted' or `conviction' means a guilty plea, a finding of
guilty by a court of competent jurisdiction, or the acceptance of a plea
of nolo contendere or affording of first offender treatment by a court of
competent jurisdiction, irrespective of pendency or availability of an
appeal or application for collateral relief.
(3) `Date of conviction' means the date the trial court determines
guilty and enters judgment or the date on which the court accepts a plea
of nolo contendere or formally allows a person to receive first offender
treatment.
(4) `Marijuana' means the definition given in Section 44-53-110.
(5) `Nonpublic educational institution' means a postsecondary
educational institution not established, operated, or governed by the
State.
(6) `Public educational institution' means:
(a) a two-year college, college, university, or other institution of
higher learning under the management and control of the State
Commission on Higher Education;
(b) a postsecondary technical school under the management
and control of the State Board for Technical and Comprehensive
Education.
(7) `Student' means a person who is enrolled as a student in
courses for academic credit on a full-time, part-time, temporary, or
intermittent basis in a public or nonpublic educational institution.
Section 59-140-30. (A) A student of a public educational
institution who is convicted, under the laws of this State, the United
States, or any other state, of an offense involving the manufacture,
distribution, sale, possessio, or use of marijuana or a controlled
substance as of the date of conviction must be suspended from the public
educational institution in which the person is enrolled.
(B) Except for cases in which the institution previously has taken
disciplinary action against a student for the same offense, the suspension
must be effective as of the date of conviction, even though the
educational institution may not complete all administrative actions
necessary to implement the suspension until a later date. Except for
cases in which the institution has imposed disciplinary sanctions already
for the same offense, the suspension must continue through the end of
the term, quarter, semester, or other similar period for which the student
was enrolled as of the date of conviction. The student shall forfeit any
right to any academic credit otherwise earned or earnable for such term,
quarter, semester, or other similar period; and the educational institution
subsequently shall revoke any academic credit which is granted before
the completion of administrative actions necessary to implement the
suspension.
Section 59-140-40. (A) A student of a nonpublic educational
institution who is convicted, under the laws of this State, the United
States, or any other state of an offense involving the manufacture,
distribution, sale, possession, or use of marijuana or a controlled
substance as of the date of conviction must be denied state funds for
loans, grants, or scholarships administered under the authority of the
Higher Education Tuition Grants Commission. This commission is
authorized to define the terms and prescribe regulations and procedures
as may be reasonable and necessary to carry out the purposes of this
chapter.
(B) The denial of state funds is effective as of the first day of the
term, quarter, semester, or other similar period for which the student is
enrolled immediately following the date of conviction or the date on
which the court accepts a plea of nolo contendere or formally allows a
student to receive first offender treatment and continues through the end
of that term, quarter, semester, or other similar period for which the
student was enrolled.
(C) A nonpublic educational institution operating within this State
receiving state funds shall agree to comply with this chapter in order to
be eligible for its students to receive state funds through scholarships,
grants, or loan programs.
Section 59-140-50. The suspension sanctions and sanctions
involving denial of state funds as prescribed in this chapter are intended
as minimum sanctions, and nothing in this chapter may be construed to
prohibit an educational institution from establishing and implementing
additional or more stringent sanctions for felony offenses and other
conduct involving the unlawful manufacture, distribution, sale,
possession, or use of marijuana or a controlled substance.
Section 59-140-60. Administrative procedures for the
implementation of this chapter must be promulgated for the educational
institutions under their respective management and control by the State
Commission on Higher Education and the State Board for Technical and
Comprehensive Education or the individual nonpublic educational
institutions. These procedures must provide relief from sanctions
previously imposed under this chapter against a person whose conviction
is overturned subsequently on appeal or through collateral relief."
SECTION 2. This act takes effect upon approval by the Governor.
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