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COMMITTEE REPORT
April 6, 2000
H. 4290
Introduced by Reps. Walker, Stille, Wilder, Klauber, Bales, J. Smith, Barrett, Cotty, Hawkins, Harvin, Rodgers, Hamilton and Leach
S. Printed 4/6/00--H.
Read the first time January 11, 2000.
To whom was referred a Bill (H. 4290), to amend Article 6, Chapter 111 of Title 59, Code of Laws of South Carolina, 1976, relating to one-half tuition charges for members of the South Carolina National Guard, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 59-111-75. The Military Department through the Adjutant General, in consultation with the staff of the South Carolina Student Loan Corporation, shall develop a loan repayment program whereby talented and qualified state residents may attend state public or private colleges and universities for the purpose of providing incentives for enlisting or remaining in the South Carolina National Guard in areas of critical need. Areas of critical need must be defined annually for that purpose by the state Adjutant General. The Adjutant General shall promulgate appropriate regulations to set forth the terms of the loan repayment program, upon the advice of a loan repayment advisory board. The loan repayment advisory board shall consist of the Adjutant General, the State Command Sergeant Major, and three commissioned officers of the South Carolina National Guard. The Governor, Superintendent of Education, and the Adjutant General each shall appoint one such officer. The regulations shall define limitations on monetary repayment amounts, successful participation within the National Guard, successful school matriculation, and other requirements for participation in the loan repayment program. In case of failure to complete the term of enlistment, failure to successfully participate in the National Guard, noncompliance by a borrower with the terms of the loan, or failure to comply with regulations of the program, the borrower's participation in the loan repayment program may be terminated and the borrower remains subject to those provisions as provided in the loan documents. The borrower shall execute the necessary legal documents to reflect his obligation to the lending entity and the terms and conditions of the loan. The loan program, as implemented herein shall be administered by a separate student loan provider. Of the funds appropriated by the General Assembly for the loan repayment program, such funds must be retained in a separate account and used on a revolving basis for purposes of the loan repayment program. The State Treasurer shall disburse funds from this account as requested by the Adjutant General and upon warrant of the Comptroller General. Funds in the account and any earnings thereon may be carried forward in succeeding fiscal years and used for the purposes of the loan repayment program. The Adjutant General shall review the loan program annually and report to the General Assembly on its progress and results."
SECTION 2. This act takes effect upon approval by the Governor. /
Amend title to read:
/TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-111-75 SO AS TO AUTHORIZE THE MILITARY DEPARTMENT THROUGH THE ADJUTANT GENERAL TO DEVELOP A LOAN REPAYMENT PROGRAM WHEREBY TALENTED AND QUALIFIED STATE RESIDENTS MAY ATTEND STATE PUBLIC OR PRIVATE COLLEGES AND UNIVERSITIES FOR THE PURPOSE OF PROVIDING INCENTIVES FOR ENLISTING OR REMAINING IN THE SOUTH CAROLINA NATIONAL GUARD IN AREAS OF CRITICAL NEED, AND TO PROVIDE FOR THE PROCEDURES, CONDITIONS, AND REQUIREMENTS OF THE PROGRAM. /
Renumber sections to conform.
Amend totals to conform.
ROBERT W. HARRELL, JR., for Committee.
EXPLANATION OF IMPACT:
There will be no direct fiscal impact on expenditure for state-supported colleges and universities in state, federal, or other funds. Tuition paid by students affects revenue received by the institution and thus would represent a loss to the institution in other funds revenue. Enactment may necessitate an adjustment in the institutions' tuition and fee structure.
Approved By:
Don Addy
Office of State Budget
TO AMEND ARTICLE 6, CHAPTER 111 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ONE-HALF TUITION CHARGES FOR MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD TO ATTEND STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING OR TECHNICAL COLLEGES, SO AS TO PROVIDE A FULL TUITION EXEMPTION FOR UP TO FIFTEEN CREDIT HOURS A SEMESTER INSTEAD OF TWELVE, TO PROVIDE THE TUITION EXEMPTION SHALL NOT BE ON A SPACE AVAILABLE BASIS, TO PROVIDE THAT THE CREDIT HOURS EARNED BY THESE STUDENTS SHALL BE USED IN HIGHER EDUCATION FORMULAS FOR FUNDING, AND TO FURTHER PROVIDE FOR OTHER PROCEDURAL MATTERS IN REGARD TO THIS TUITION EXEMPTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 6, Chapter 111, Title 59 of the 1976 Code, as added by Section 135 of Act 497 of 1994, is amended to read:
Section 59-111-410. As used in this article, 'tuition' means the amount charged for registering for a credit hour of instruction and shall not be construed to mean any other fees or charges or costs of textbooks.
Section 59-111-420. (A) A member of the South Carolina National Guard enrolled as a student in state-supported institutions of higher learning or technical colleges, as these institutions are enumerated in Section 59-111-340, is exempt from one-half of the tuition charges for up to twelve fifteen credit hours as long as the student is a member in good standing of the South Carolina National Guard. The student must be a resident of South Carolina in order to be eligible for such one-half this tuition exemption. This one-half tuition exemption may be claimed for a period of five years or until the receipt of a bachelor's degree, whichever occurs first. The State Commission on Higher Education shall administer the provisions of this section and has the authority to issue an exemption for one-half of the tuition fees for up to twelve fifteen credit hours per semester to a member of the South Carolina National Guard so qualifying. This exemption shall remain in effect for one full academic year and may be renewed in accordance with regulations prescribed by the commission.
(B) The one-half tuition benefits provided by this section are optional with the particular institution or college and are based on availability of seats. Availability of seats shall be determined on a course-by-course basis during registration by the institution or college.
(C) If the student terminates his enlistment in the South Carolina National Guard or if the student's work and conduct are no longer satisfactory to the governing body of the institution the student attends, the exemption is forfeited immediately, and the student shall pay the institution all tuition charges from which the student was exempt for that period.
(D) To receive the exemption, a student must be a member in good standing of the South Carolina National Guard for the entire semester for which the exemption is claimed.
(E) The Adjutant General shall promulgate the regulations necessary for the implementation of this article and submit a list of eligible participants to the State Commission on Higher Education for validation.
(F) The State Commission on Higher Education shall validate the South Carolina National Guard list and forward an exemption certificate for each student to the registrar of the appropriate institution.
Section 59-111-430. The credit hours generated by students who are members of the South Carolina National Guard receiving one-half the tuition exemption under this article shall not be used in computing the higher education funding formula for funding and shall not have an impact on the level of funding an institution receives.
Section 59-111-440. The provisions of this article are applicable beginning with the fall semester or quarter of 1995, provided, that the provisions of this article providing for full tuition exemption are applicable beginning with the fall semester or quarter of 2000 and thereafter."
SECTION 2. This act takes effect upon approval by the Governor.
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