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COMMITTEE REPORT
April 11, 2002
H. 4481
S. Printed 4/11/02--H.
Read the first time January 9, 2002.
To whom was referred a Bill (H. 4481) to amend the Code of Laws of South Carolina, 1976, by adding Section 59-101-395 so as to provide that when any person is activated for full-time military service, 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, in Section 59-101-395 of the 1976 Code, as contained in SECTION 1, by striking subsection (C) in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
ROBERT W. HARRELL, JR. for Committee.
EXPLANATION OF IMPACT:
The Commission on Higher Education (CHE) has indicated that passage of this bill would have no impact on the General Fund of the State. However, there would be an impact on other funds at the state's thirty-three public colleges and universities. It is assumed full-time as well as part-time students would be covered under this bill. CHE estimates currently there are 1,349 full-time students and 482 part-time students for a total of 1,831 students that could be activated for full-time military service during a time of national crisis. If all 1,831 students were called to active duty, CHE estimates the impact to the colleges and universities other funds to be approximately $2.9 million
Approved By:
Don Addy
Office of State Budget
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-395 SO AS TO PROVIDE THAT WHEN ANY PERSON IS ACTIVATED FOR FULL-TIME MILITARY SERVICE DURING A TIME OF NATIONAL CRISIS AND THEREFORE IS REQUIRED TO CEASE ATTENDING A PUBLIC INSTITUTION OF HIGHER LEARNING WITHOUT COMPLETING AND RECEIVING A GRADE IN ONE OR MORE COURSES, THE TUITION AND FEES PAID BY THAT STUDENT TO THE INSTITUTION FOR THE SEMESTER OR QUARTER IS REQUIRED TO BE REFUNDED TO THE STUDENT, TO PROVIDE FOR PROPORTIONATE REFUNDS OF ROOM AND BOARD AND OTHER FEES, AND TO PROVIDE FOR OTHER DESIGNATED ASSISTANCE, INCLUDING FREE TUITION WITHIN A PERIOD OF TWO YEARS FOLLOWING DEACTIVATION TO COMPLETE THESE COURSES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 59-101-395. (A) When any person is activated for full-time military service during a time of national crisis and therefore is required to cease attending a public institution of higher learning without completing and receiving a grade in one or more courses, the assistance provided in this section is required with regard to courses not completed. The student shall receive a complete refund of tuition and general fees as are assessed against all students at the institution. Proportionate refunds of room and board, if applicable, and other special fees which were paid to the institution must be provided to the student, based on the date of withdrawal. If an institution contracts for services covered by fees which have been paid by and refunded to the student, the contractor shall provide a comparable refund to the institution. If the institution has a policy of repurchasing textbooks, students must be offered the maximum price, based on condition, for the textbooks associated with the courses.
(B) When a student is required to cease attendance because of such military activation without completing and receiving a grade in one or more courses, the institution shall provide a reasonable opportunity for completion of the courses after deactivation.
(C) A student activated during the course of a semester or quarter is entitled, within a period of two years following deactivation, to free tuition for one semester or quarter at the institution where attendance had been interrupted unless federal aid is made available for the same purpose."
SECTION 2. This act takes effect upon approval by the Governor.
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