H 4144 General Bill, By Rutherford and G.M. Smith
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 59-101-440 SO TO PROVIDE A STUDENT MUST BE EXEMPT FROM PAYING OUT-OF-STATE
 TUITION AT A PUBLIC INSTITUTION OF HIGHER EDUCATION IN SOUTH CAROLINA AND MUST
 BE ELIGIBLE FOR CERTAIN STATE-SPONSORED SCHOLARSHIPS AND TUITION ASSISTANCE IF
 HE ATTENDED A HIGH SCHOOL IN THIS STATE FOR THREE OR MORE YEARS, GRADUATED
 FROM A HIGH SCHOOL IN THE STATE OR RECEIVED THE EQUIVALENT OF A HIGH SCHOOL
 DIPLOMA IN THIS STATE, REGISTERS AS AN ENTERING STUDENT OR IS CURRENTLY
 ENROLLED IN A PUBLIC INSTITUTION OF HIGHER EDUCATION NOT EARLIER THAN THE FALL
 SEMESTER OF THE 2015-2016 ACADEMIC YEAR, AND, IF LACKING LAWFUL IMMIGRATION
 STATUS, FILES AN AFFIDAVIT WITH THE INSTITUTION STATING HE HAS FILED AN
 APPLICATION TO LEGALIZE HIS IMMIGRATION OR WILL FILE AN APPLICATION WHEN
 ELIGIBLE; TO PROVIDE A STUDENT WHO IS ELIGIBLE FOR A STATE-SPONSORED
 SCHOLARSHIP OR TUITION ASSISTANCE UNDER THIS ACT ALSO MUST MEET OTHER
 QUALIFICATIONS OF THE STATE-SPONSORED SCHOLARSHIP OR TUITION ASSISTANCE TO
 RECEIVE THE SCHOLARSHIP OR TUITION ASSISTANCE; TO PROVIDE STUDENT INFORMATION
 OBTAINED IN THE IMPLEMENTATION OF THIS SECTION MUST BE CONFIDENTIAL; AND TO
 REQUIRE THE COMMISSION ON HIGHER EDUCATION TO ADOPT RULES AND REGULATIONS
 NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS ACT.

   05/06/15  House  Introduced and read first time (House Journal-page 42)
   05/06/15  House  Referred to Committee on Ways and Means
                     (House Journal-page 42)

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-440 SO TO PROVIDE A STUDENT MUST BE EXEMPT FROM PAYING OUT-OF-STATE TUITION AT A PUBLIC INSTITUTION OF HIGHER EDUCATION IN SOUTH CAROLINA AND MUST BE ELIGIBLE FOR CERTAIN STATE-SPONSORED SCHOLARSHIPS AND TUITION ASSISTANCE IF HE ATTENDED A HIGH SCHOOL IN THIS STATE FOR THREE OR MORE YEARS, GRADUATED FROM A HIGH SCHOOL IN THE STATE OR RECEIVED THE EQUIVALENT OF A HIGH SCHOOL DIPLOMA IN THIS STATE, REGISTERS AS AN ENTERING STUDENT OR IS CURRENTLY ENROLLED IN A PUBLIC INSTITUTION OF HIGHER EDUCATION NOT EARLIER THAN THE FALL SEMESTER OF THE 2015-2016 ACADEMIC YEAR, AND, IF LACKING LAWFUL IMMIGRATION STATUS, FILES AN AFFIDAVIT WITH THE INSTITUTION STATING HE HAS FILED AN APPLICATION TO LEGALIZE HIS IMMIGRATION OR WILL FILE AN APPLICATION WHEN ELIGIBLE; TO PROVIDE A STUDENT WHO IS ELIGIBLE FOR A STATE-SPONSORED SCHOLARSHIP OR TUITION ASSISTANCE UNDER THIS ACT ALSO MUST MEET OTHER QUALIFICATIONS OF THE STATE-SPONSORED SCHOLARSHIP OR TUITION ASSISTANCE TO RECEIVE THE SCHOLARSHIP OR TUITION ASSISTANCE; TO PROVIDE STUDENT INFORMATION OBTAINED IN THE IMPLEMENTATION OF THIS SECTION MUST BE CONFIDENTIAL; AND TO REQUIRE THE COMMISSION ON HIGHER EDUCATION TO ADOPT RULES AND REGULATIONS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS ACT.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Article 1, Chapter 101, Title 59 of the 1976 Code is amended by adding:

"Section 59-101-440.    (A)    A student, other than a nonimmigrant alien within the meaning of Section 101(a)(15) of the Immigration and Nationality Act, 8 U.S.C. Section 1101(a)(15), is exempt from paying out-of-state tuition at a public institution of higher education in this State and is eligible for state-sponsored scholarships and tuition assistance provided in Chapter 111, Title 59 and elsewhere, including, but not limited to, the Palmetto Fellows Scholarship, Hope Scholarship, Life Scholarship, the Tuition Grants Program, the Governor's Committee on the Employment of the Physically Handicapped essay contest, and free tuition for the children of certain veterans; if the student:

(1)    attended high school in this State for three or more years;

(2)    graduated from a high school in this State or received the equivalent of a high school diploma in this State;

(3)    registers as an entering student or is currently enrolled in a public institution of higher education not earlier than the fall semester of the 2015-2016 academic year; and

(4)    in the case of a person without lawful immigration status, files an affidavit with the institution of higher education stating that the student has filed an application to legalize his immigration status or will file an application as soon as he is eligible to do so.

(B)    A student who is eligible for a state-sponsored scholarship or tuition assistance pursuant to subsection (A) also must satisfy the requirements of the scholarship or tuition assistance.

(C)    Student information obtained in the implementation of this section must be confidential.

(D)    The Commission on Higher Education shall adopt rules and regulations necessary to effectuate the provisions of this section.

(E) The provisions of this section apply not withstanding another provision of law."

SECTION    2.    This act takes effect upon approval by the Governor.