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COMMITTEE REPORT
April 15, 2008
S. 1233
S. Printed 4/15/08--S.
Read the first time March 26, 2008.
To whom was referred a Bill (S. 1233) to amend Section 59-112-20 of the 1976 Code relating to South Carolina domicile for tuition and fee purposes, to provide that independent persons who reside in and have, 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, page 1, SECTION 1, by striking lines 36 through 41 and inserting:
/ B. Independent persons who reside in and have been domiciled in South Carolina for fewer than twelve months with an intention of making a permanent home therein but who have full-time employment in the State, and their dependents, may be considered eligible for in-state rates for as long as such independent person is employed on a full-time basis in the State or within an adjoining county in North Carolina or Georgia. The Commission on Higher Education shall explore and establish, if possible, a reciprocal agreement for persons, and their dependents, who are employed on a full-time basis in this State but are domiciled in an adjoining county in North Carolina or Georgia. /
Renumber sections to conform.
Amend title to conform.
JOHN E. COURSON for Committee.
EXPLANATION OF IMPACT:
The Commission on Higher Education (CHE) estimates this bill would result in a loss of tuition and fee revenue of approximately $921,000 and a possible cost of $90,000 in state-supported scholarship expenditures. The tuition revenue loss would be due to institutions providing the in-state tuition benefit to certain persons who would not currently be eligible to receive in-state tuition and fees. The cost to institutions would be the loss of the tuition differential between in state and out-state tuition and fees that would be charged to the otherwise out-of-state students. This estimate is based on Fall 2007 data, which identified 3,993 students from Georgia and North Carolina who paid out-of-state tuition and fees at in-state institutions. In estimating the impact, CHE assumed 30% of these students lived in adjoining counties and 8% of those met the provisions in the proviso regarding employment and residency requirements. Because of the new exception category in this bill, CHE also anticipates these students would become eligible for state-supported scholarships. The scholarship estimate is based on Fall 2007 data. Funding for the scholarships is at the General Assembly's discretion. Additional funding could come from the state general fund and/or Education Lottery funds.
Approved By:
Harry Bell
Office of State Budget
TO AMEND SECTION 59-112-20 OF THE 1976 CODE RELATING TO SOUTH CAROLINA DOMICILE FOR TUITION AND FEE PURPOSES, TO PROVIDE THAT INDEPENDENT PERSONS WHO RESIDE IN AND HAVE BEEN DOMICILED IN SOUTH CAROLINA FOR FEWER THAN TWELVE MONTHS, AND THEIR DEPENDENTS, MAY BE CONSIDERED ELIGIBLE FOR IN-STATE TUITION AND FEES AS LONG AS THE INDEPENDENT PERSON IS EMPLOYED ON A FULL-TIME BASIS WITHIN AN ADJOINING COUNTY IN NORTH CAROLINA OR GEORGIA.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 59-112-20 of the 1976 Code is amended to read:
"Section 59-112-20. South Carolina domicile for tuition and fee purposes shall be established as follows in determinations of rates of tuition and fees to be paid by students entering or attending State Institutions:
A. Independent persons who reside in and have been domiciled in South Carolina for a period of no less than twelve months with an intention of making a permanent home therein, and their dependents, may be considered eligible for in-state rates.
B. Independent persons who reside in and have been domiciled in South Carolina for fewer than twelve months but who have full-time employment in the State, and their dependents, may be considered eligible for in-state rates for as long as such independent person is employed on a full-time basis in the State or within an adjoining county in North Carolina or Georgia.
C. Where an independent person meeting the provisions of Section 59-112-20 B above, is living apart from his spouse, or where such person and his spouse are separated or divorced, the spouse and dependents of such independent person shall have domiciliary status for tuition and fee purposes only under the following circumstances:
(1) if the spouse requesting domiciliary status for tuition and fee purposes remains domiciled in South Carolina although living apart or separated from his or her employed spouse;
(2) if the dependent requesting domiciliary status for tuition and fee purposes is under the legal custody or guardianship, as defined in Section 59-112-10 I above, of an independent person who is domiciled in this State; or if such dependent is claimed as an income tax exemption by the parent not having legal custody but paying child-support, so long as either parent remains domiciled in South Carolina.
D. The residence and domicile of a dependent minor shall be presumed to be that of the parent of such dependent minor."
SECTION 2. This act takes effect upon approval by the Governor.
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