H*3534(Rat #0147, Act #0143 of 2016)  General Bill, By Cobb-Hunter
 AN ACT TO AMEND SECTION 2-77-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE DEFINITION OF "ELIGIBLE INSTITUTION" AS IT PERTAINS TO
 THE SOUTH CAROLINA HIGHER EDUCATION EXCELLENCE ENHANCEMENT PROGRAM, SO AS TO
 INCLUDE INSTITUTIONS THAT OFFER AT LEAST ONE NONSECTARIAN PROGRAM AT THE
 BACCALAUREATE LEVEL, HISTORICALLY SINGLE GENDER WOMEN'S INSTITUTIONS OF
 TRADITIONAL STUDENTS, AND INSTITUTIONS ACCREDITED BY AN ORGANIZATION THAT IS
 RECOGNIZED BY THE UNITED STATES DEPARTMENT OF EDUCATION AND ALSO RECEIVES
 TITLE III FUNDING; AND TO AMEND SECTION 2-77-20, AS AMENDED, RELATING TO THE
 ALLOCATION OF APPROPRIATED FUNDS AMONG ELIGIBLE INSTITUTIONS, SO AS TO REQUIRE
 THE COMMISSION ON HIGHER EDUCATION ANNUALLY TO REVIEW AND DETERMINE WHETHER
 EACH ELIGIBLE INSTITUTION APPROPRIATELY USED THESE FUNDS, AND TO PROVIDE
 REQUIREMENTS FOR FUNDING REDUCTIONS AND ALTERNATE FUNDING DISTRIBUTIONS WHEN
 THE COMMISSION FINDS AN ELIGIBLE INSTITUTION INAPPROPRIATELY USED THESE FUNDS.
 - ratified title

   02/05/15  House  Introduced and read first time (House Journal-page 6)
   02/05/15  House  Referred to Committee on Education and Public
                     Works (House Journal-page 6)
   04/22/15  House  Committee report: Favorable with amendment
                     Education and Public Works (House Journal-page 3)
   04/23/15  House  Amended (House Journal-page 25)
   04/23/15  House  Read second time (House Journal-page 25)
   04/23/15  House  Roll call Yeas-95  Nays-0 (House Journal-page 28)
   04/23/15  House  Unanimous consent for third reading on next
                     legislative day (House Journal-page 29)
   04/24/15         Scrivener's error corrected
   04/25/15  House  Read third time and sent to Senate
                     (House Journal-page 2)
   04/28/15  Senate Introduced and read first time (Senate Journal-page 9)
   04/28/15  Senate Referred to Committee on Education
                     (Senate Journal-page 9)
   02/25/16  Senate Committee report: Favorable with amendment
                     Education (Senate Journal-page 13)
   02/29/16         Scrivener's error corrected
   03/01/16  Senate Committee Amendment Adopted (Senate Journal-page 11)
   03/01/16  Senate Read second time (Senate Journal-page 11)
   03/01/16  Senate Roll call Ayes-35  Nays-0 (Senate Journal-page 11)
   03/02/16         Scrivener's error corrected
   03/08/16  Senate Read third time and returned to House with
                     amendments (Senate Journal-page 12)
   03/09/16  House  Concurred in Senate amendment and enrolled
                     (House Journal-page 22)
   03/09/16  House  Roll call Yeas-105  Nays-0 (House Journal-page 22)
   03/10/16         Ratified R 147
   03/14/16         Signed By Governor
   03/16/16         Effective date 07/01/16
   03/17/16         Act No. 143

(A143, R147, H3534)

AN ACT TO AMEND SECTION 2-77-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "ELIGIBLE INSTITUTION" AS IT PERTAINS TO THE SOUTH CAROLINA HIGHER EDUCATION EXCELLENCE ENHANCEMENT PROGRAM, SO AS TO INCLUDE INSTITUTIONS THAT OFFER AT LEAST ONE NONSECTARIAN PROGRAM AT THE BACCALAUREATE LEVEL, HISTORICALLY SINGLE GENDER WOMEN'S INSTITUTIONS OF TRADITIONAL STUDENTS, AND INSTITUTIONS ACCREDITED BY AN ORGANIZATION THAT IS RECOGNIZED BY THE UNITED STATES DEPARTMENT OF EDUCATION AND ALSO RECEIVES TITLE III FUNDING; AND TO AMEND SECTION 2-77-20, AS AMENDED, RELATING TO THE ALLOCATION OF APPROPRIATED FUNDS AMONG ELIGIBLE INSTITUTIONS, SO AS TO REQUIRE THE COMMISSION ON HIGHER EDUCATION ANNUALLY TO REVIEW AND DETERMINE WHETHER EACH ELIGIBLE INSTITUTION APPROPRIATELY USED THESE FUNDS, AND TO PROVIDE REQUIREMENTS FOR FUNDING REDUCTIONS AND ALTERNATE FUNDING DISTRIBUTIONS WHEN THE COMMISSION FINDS AN ELIGIBLE INSTITUTION INAPPROPRIATELY USED THESE FUNDS.

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

"Eligible institutions", definition expanded

SECTION    1.    Section 2-77-15(1) of the 1976 Code, as last amended by Act 162 of 2005, is further amended to read:

"(1)    'Eligible institution' means a four-year institution of higher learning or an institution of higher learning that is accredited to offer, and is actively offering, at least one nonsectarian program at the baccalaureate level:

(a)(i)    at which sixty percent or more of the enrolled undergraduate students were low-income and educationally disadvantaged students, for the four consecutive years immediately preceding the then current year and which is defined in Part B, Subchapter III, Chapter 28, Title 20 of the United States Code; or

(ii)    which is an historically single gender women's institution of traditional students, as evidenced by ninety percent or more of full-time female undergraduates under twenty-five years of age for the four consecutive years immediately preceding the current year;

(b)(i)    that is accredited by the Southern Association of Colleges and Schools; or

(ii)    which receives Title III funding and is accredited by an accrediting organization recognized by the United States Department of Education;

(c)    that is organized as a nonprofit corporation or is a public institution; and

(d)    that has its main campus located in South Carolina."

Funding allocation process revised

SECTION    2.    Section 2-77-20(C) of the 1976 Code, as last amended by Act 74 of 2011, is further amended to read:

"(C)(1)        An institution seeking to qualify as an eligible institution must submit an annual application to the commission. The commission must certify the eligibility of institutions seeking contracts pursuant to this section. Subject to the provisions of item (2), and less any allocations made pursuant to item (2), the funds appropriated for this program must be allocated equally among the eligible institutions.

(2)    The Commission on Higher Education, or its successor, annually shall review and determine if funds allocated to a school pursuant to item (1) have been properly used by the school pursuant to Section 2-77-30. If the Commission on Higher Education, or its successor, determines these funds were used inappropriately by a school, the funds must be returned, and the following year that school's allocation must be reduced by fifty percent of the amount appropriated to each eligible institution pursuant to item (1). The balance remaining from a school's reduced allocation must be distributed equally among the remaining eligible institutions."

Time effective

SECTION    3.    This act takes effect July 1, 2016.

Ratified the 10th day of March, 2016.

Approved the 14th day of March, 2016.