H 4750 General Bill, By R. Brown, Moody-Lawrence and F.N. Smith
 A BILL TO AMEND SECTION 12-6-3385, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE ELIGIBILITY FOR THE TUITION TAX CREDIT AND SECTION 59-149-90,
 AS AMENDED, RELATING TO LIFE SCHOLARSHIP ELIGIBILITY, SO AS TO DELETE
 PROVISIONS THAT MAKE A STUDENT INELIGIBLE FOR THE TUITION TAX CREDIT OR LIFE
 SCHOLARSHIP WHO HAS BEEN CONVICTED OF AN ALCOHOL OR DRUG-RELATED OFFENSE WHICH
 IS NOT A FELONY.

   02/19/02  House  Introduced and read first time HJ-7
   02/19/02  House  Referred to Committee on Ways and Means HJ-8

TO AMEND SECTION 12-6-3385, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELIGIBILITY FOR THE TUITION TAX CREDIT AND SECTION 59-149-90, AS AMENDED, RELATING TO LIFE SCHOLARSHIP ELIGIBILITY, SO AS TO DELETE PROVISIONS THAT MAKE A STUDENT INELIGIBLE FOR THE TUITION TAX CREDIT OR LIFE SCHOLARSHIP WHO HAS BEEN CONVICTED OF AN ALCOHOL OR DRUG-RELATED OFFENSE WHICH IS NOT A FELONY.

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

SECTION    1.    Section 12-6-3385(B)(3) of the 1976 Code is amended to read:

    "(3)    'Student' means an individual enrolled in an institution of higher learning:

        (a)    eligible for in-state tuition and fees as determined pursuant to Chapter 112 of Title 59 and applicable regulations;

        (b)    who at the end of the taxable year for which the credit is claimed has completed at least thirty credit hours each year, or its equivalent, as determined by the Commission on Higher Education, and who is admitted, enrolled, and classified as a degree seeking undergraduate or enrolled in a certificate or diploma program of at least one year;

        (c)    who, within twelve months before enrolling:

            ( i)    graduated from a high school in this State;

            (ii)    successfully completed a high school home school program in this State in the manner required by law; or

            (iii)    graduated from a preparatory high school outside this State while a dependent of a parent or guardian who is a legal resident of this State and has custody of the dependent;

        (d)    not in default on a Federal Title IV or State of South Carolina educational loan, nor who owes a refund on a Federal Title IV or a State of South Carolina student financial aid program;

        (e)    who has not been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol or drug related offenses under the laws of this State, any other state or comparable jurisdiction, or the United States; except that a student who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to an alcohol or drug related misdemeanor offense is ineligible only for the taxable year in which the adjudication, conviction, or plea occurred;

        (f)    who is in good standing at the institution attended;

        (g)    who is not a Palmetto Fellowship recipient;

        (h)    who is not a LIFE Scholarship recipient."

SECTION    2.    Section 59-149-90 of the 1976 Code, as amended by Act 289 of 2000, is further amended to read:

    "Section 59-149-90.    (A)    Students must not have been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol or drug related offenses under the laws of this or any other state or under the laws of the United States in order to be eligible for a LIFE Scholarship, except that a high school or college student otherwise qualified who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to an alcohol or drug-related misdemeanor offense nevertheless shall be eligible or continue to be eligible for such scholarships after the expiration of one academic year from the date of the adjudication, conviction, or plea.

    (B)    Regardless of the number of hours attempted, once the student has earned a bachelor's degree, he a student is ineligible for a LIFE Scholarship to seek another degree."

SECTION    3.    This act takes effect upon approval by the Governor.