Current Status Introducing Body:House Bill Number:3879 Primary Sponsor:Meacham Committee Number:21 Type of Legislation:GB Subject:Drug-Free Postsecondary Education Residing Body:House Current Committee:Education and Public Works Date Tabled:Feb 18, 1992 Computer Document Number:BR1/1548.AC Introduced Date:Apr 11, 1991 Last History Body:House Last History Date:Feb 18, 1992 Last History Type:Tabled in Committee Scope of Legislation:Statewide All Sponsors:Meacham Type of Legislation:General Bill
Bill Body Date Action Description CMN
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3879 House Feb 18, 1992 Tabled in Committee 21
3879 House Apr 11, 1991 Introduced, read first time, 21
referred to Committee
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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:
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.