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H. 3998

STATUS INFORMATION

General Bill
Sponsors: Reps. Stille and Townsend
Document Path: l:\council\bills\gjk\20507sd03.doc

Introduced in the House on April 10, 2003
Currently residing in the House Committee on Ways and Means

Summary: Student tuition guaranty fund

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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   4/10/2003  House   Introduced and read first time HJ-41
   4/10/2003  House   Referred to Committee on Ways and Means HJ-41

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

4/10/2003

TO AMEND SECTION 59-58-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOND OR COLLATERAL REQUIRED OF NONPUBLIC EDUCATIONAL INSTITUTIONS AND THE ESTABLISHMENT OF A STUDENT TUITION GUARANTY FUND, SO AS TO FURTHER PROVIDE FOR THE PURPOSES FOR WHICH THE BOND OR COLLATERAL OR THE STUDENT TUITION GUARANTY FUND MAY BE USED, AND TO RENAME THE STUDENT TUITION GUARANTY FUND AS THE STUDENT RECOVERY FUND.

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

SECTION    1.    Section 59-58-80 of the 1976 Code, as added by Act 497 of 1992, is amended to read:

"Section 59-58-80.    (A)    Before an institution is licensed under this chapter, the commission may require that a surety bond be provided by the institution in an amount in compliance with the regulations prescribed by the commission. The obligation of the bond is that the institution, its officers, agents, and employees shall faithfully perform the terms and conditions of contracts for tuition and other instructional fees entered into between the institution and persons enrolling as students. The bond must be issued by a company authorized to do business in the State of South Carolina. The bond must be to the commission, in that form as approved by the commission, and is to be used only for payment of a refund of tuition and instructional fees due a student or potential student to the benefit of students who suffer financial losses of tuition and fees prepaid to an institution as a result of the closing of the institution. The commission may use the funds for the purpose of paying refunds to these students for unearned tuition and fees, paying or subsidizing the cost of providing facilities and instruction for these students to complete their programs, and paying expenses to store and maintain student records of these students.

(B)    The bond company may not be relieved of liability on the bond unless it gives the institution and the commission ninety days' written notice of the company's intent to cancel the bond. If at any time the company that issued the bond cancels or discontinues the coverage, the institution's license is revoked as a matter of law on the effective date of the cancellation or discontinuance of bond coverage, unless a replacement bond is obtained and provided to the commissioner.

(C)    Instead of the surety bond required in subsection (A), the institution may pledge other means of collateral acceptable to the State Treasurer, in an aggregate market value of the required bond. The commission shall deliver a safekeeping receipt of collateral to the State Treasurer to be held until the commission serves notice for its release to the commission.

(D)    The commission may promulgate regulations establishing a student tuition guaranty recovery fund for nonpublic educational institutions. The fund must be used to reimburse benefit students because an institution has failed to perform faithfully its contractual obligations for tuition and instructional fees in the event of an institution institution's closing. The commission may use the funds for the purpose of paying refunds to these students for unearned tuition and fees, paying for or subsidizing the cost of providing facilities and instruction for these students to complete their programs, and paying expenses to store and maintain student records of these students."

SECTION    2.    This act takes effect upon approval by the Governor.

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