Current Status Bill Number:5008 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19980414 Primary Sponsor:Wilkins All Sponsors:Wilkins Drafted Document Number:gjk\21459sd.98 Residing Body:House Current Committee:Education and Public Works Committee 21 HEPW Subject:Tuition rates, in-state; state-supported colleges; independent residents domiciled in state less than five years
Body Date Action Description Com Leg Involved
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House 19980414 Introduced, read first time, 21 HEPW
referred to Committee
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TO AMEND SECTION 59-112-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF SOUTH CAROLINA DOMICILE FOR PURPOSES OF IN-STATE TUITION AND FEES AT STATE-SUPPORTED COLLEGES AND UNIVERSITIES, SO AS TO REQUIRE INDEPENDENT PERSONS TO HAVE BEEN DOMICILED IN THIS STATE FOR NO LESS THAN FIVE YEARS RATHER THAN TWELVE MONTHS IN ORDER TO QUALIFY FOR IN-STATE TUITION AND FEES AT STATE-SUPPORTED COLLEGES AND UNIVERSITIES; AND TO AMEND SECTION 59-112-30, RELATING TO THE EFFECT OF A CHANGE IN DOMICILE ON IN-STATE TUITION RATES, SO AS TO REVISE ELIGIBILITY REQUIREMENTS FOR CERTAIN STUDENTS WHO CHANGE DOMICILE IN ORDER TO CONFORM THESE REQUIREMENTS TO THE ABOVE FIVE-YEAR PROVISIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 59-112-20 of the 1976 Code is amended to read:
"Section 59-112-20. South Carolina domicile for tuition and fee purposes shall be established as follows in determinations of rates of tuition and fees to be paid by students entering or attending state institutions:
(A.) Independent persons who reside in and have been domiciled in South Carolina for a period of no less than twelve months five years with an intention of making a permanent home therein, and their dependents, may be considered eligible for in-state rates.
(B.) Independent persons who reside in and have been domiciled in South Carolina for fewer than twelve months five years but who have full-time employment in the State, and their dependents, may be considered eligible for in-state rates for as long as such the independent person is employed on a full-time basis in the State.
(C.) Where an independent person meeting the provisions of Section 59-112-20(B) above, is living apart from his spouse, or where such the person and his spouse are separated or divorced, the spouse and dependents of such the independent person shall have domiciliary status for tuition and fee purposes only under the following circumstances:
(1) if the spouse requesting domiciliary status for tuition and fee purposes remains domiciled in South Carolina although living apart or separated from his or her employed spouse;
(2) if the dependent requesting domiciliary status for tuition and fee purposes is under the legal custody or guardianship, as defined in Section 59-112-10(I) above, of an independent person who is domiciled in this State; or if such the dependent is claimed as an income tax exemption by the parent not having legal custody but paying child-support, so long as either parent remains domiciled in South Carolina.
(D). The residence and domicile of a dependent minor shall be presumed to be that of the parent of such the dependent minor."
SECTION 2. Section 59-112-30 of the 1976 Code is amended to read:
"Section 59-112-30. When the domicile of a student or of the person upon whom a student is financially dependent changes after enrollment at a state institution, tuition charges shall be adjusted as follows:
(A.) Except as provided in Section 59-112-20(B) above, when domicile is taken in South Carolina, a student shall not become eligible for in-state rates until the beginning of the next academic session after expiration of twelve months five years from date of domicile in this State.
(B.) When South Carolina domicile is lost, eligibility for in-state rates shall end on the last day of the academic session in which the loss occurs; however, application of this subsection shall be at the discretion of the institution involved.
(C.) Notwithstanding the other provisions of this section, any dependent person who has been domiciled with his family in South Carolina for a period of not less than three five years immediately prior to his enrollment may enroll in a state-supported institution of higher learning at the in-state rate and may continue to be enrolled at such rate even if the parent, spouse, or guardian upon whom he is dependent moves his domicile from this State."
SECTION 3. This act takes effect upon approval by the Governor.