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Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
April 17, 2008
H. 4451
S. Printed 4/17/08--H. [SEC 4/18/08 4:11 PM]
Read the first time January 10, 2008.
To whom was referred a Bill (H. 4451) to amend Sections 59-112-10, 59-113-20, as amended, 59-115-20, 59-149-20, 59-150-20, and 59-150-370, as amended, Code of Laws of South Carolina, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
ROBERT E. WALKER for Committee.
TO AMEND SECTIONS 59-112-10, 59-113-20, AS AMENDED, 59-115-20, 59-149-20, 59-150-20, AND 59-150-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS AND QUALIFICATIONS TO RECEIVE STATE AID FOR EDUCATION, ALL SO AS TO REVISE DEFINITIONS TO EXCLUDE PERSONS WHO ARE NOT LAWFULLY PRESENT IN THE UNITED STATES FROM ELIGIBILITY TO RECEIVE STATE AID FOR EDUCATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 59-112-10 of the 1976 Code is amended to read:
"Section 59-112-10. A.(A) The words 'state institution' mean those post-secondary educational institutions under the jurisdiction of the:
(1) the Board of Trustees, Clemson University;
(2) the Board of Trustees, Medical University of South Carolina;
(3) the Board of Trustees, South Carolina State University;
(4) the Board of Trustees, College of Charleston;
(5) the Board of Trustees, Lander University;
(6) the Board of Trustees, Francis Marion University;
(7) the Board of Visitors, The Citadel;
(8) the Board of Trustees, the University of South Carolina;
(9) the Board of Trustees, Winthrop University;
(10) the Board of Trustees, Coastal Carolina University;
(11) the State Board for Technical and Comprehensive Education.
B.(B) The word 'student' shall mean means any a person enrolled for studies in any a state institution and does not include a person who is not lawfully present in the United States.
C.(C) The word 'residence' or 'reside' shall mean means continuous and permanent physical presence within this State, provided, that temporary absences for short periods of time shall not affect the establishment of a residence. The word 'residence' or 'reside' does not include a physical presence within this State by a person who is not lawfully present in the United States.
D.(D) The word 'domicile' shall mean means a person's true, fixed, principal residence and place of habitation; it shall indicate the place where such person intends to remain, and to which such person expects to return upon leaving without establishing a new domicile in another state. For purposes of this section one may have only one legal domicile; one is presumed to abandon automatically an old domicile upon establishing a new one. Housing provided on an academic session basis for students at state institutions shall be presumed not to be a place of principal residence, as residency in such housing is by nature temporary. The term 'domicile' does not include a residence and place of habitation of a person who is not lawfully present in the United States.
E.(E) The words 'in-state rates' shall mean charges for tuition and fees established by state institutions for persons who are domiciled in South Carolina in accordance with this chapter; the words 'out-of-state rates' shall mean charges for tuition and fees established by state institutions for persons who are not domiciled in South Carolina in accordance with this chapter.
F.(F) The words 'independent person' shall mean a person in his majority, or an emancipated minor, whose predominant source of income is his own earnings or income from employment, investments, or payments from trusts, grants, scholarships, loans or payments of alimony or separate maintenance made pursuant to court order.
G.(G) The words 'dependent' or 'dependent person' mean:
(1) one whose financial support is provided not through his own earnings or entitlements, but whose predominant source of income or support is payments from a parent, spouse, or guardian, and who qualifies as a dependent or an exemption on the federal tax return of the parent, spouse, or guardian; or
(2) one for whom payments are made, under court order, for child support and the cost of his college education by an independent person meeting the provisions of Section 59-112-20 A or B(A) or (B).
The words 'dependent' or 'dependent person' do not include a spouse or former spouse who is the recipient of alimony or separate maintenance payments made pursuant to court order.
H.(H) The word 'minor' shall mean means a person who has not attained the age of eighteen years; and the words 'emancipated minor' shall mean a minor whose parents have entirely surrendered the right to the care, custody, and earnings of such minor and are no longer under any legal obligation to support or maintain such minor.
I.(I) The word 'parent' shall mean means a person's natural or adoptive father or mother; or if one parent has custody of the child, the parent having custody; or if there is a guardian or other legal custodian of such person, then such guardian or legal custodian; provided, however, that where circumstances indicate that such guardianship or custodianship was created primarily for the purpose of conferring South Carolina domicile for tuition and fee purposes on such child or dependent person, it shall not be given such effect.
J.(J) The word 'spouse' shall mean means the husband or wife of a married person."
SECTION 2. Section 59-113-20 of the 1976 Code, as last amended by Act 103 of 2007, is further amended to read:
"Section 59-113-20. (A) The State of South Carolina shall grant an amount, as provided in this chapter, to any an applicant who meets the following qualifications:
(a)(1) been a resident of South Carolina for at least one year;
(b)(2) is of good moral character;
(c)(3) has demonstrated qualities of academic merit and financial need;
(d)(4) has been accepted by or is registered in a South Carolina independent institution of higher learning as a full-time student whose academic programs are not comprised solely of sectarian instruction;
(e)(5) is not enrolled in a course of study leading to a degree in theology, divinity, or religious education; and
(f)(6) has not been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol or drug-related offenses under the laws of this or any other another state or under the laws of the United States in order to be eligible for a South Carolina tuition grant, except that a high school or college student otherwise qualified who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to an alcohol or drug-related misdemeanor offense nevertheless shall be eligible or continue to be eligible for such grants after the expiration of one academic year from the date of the adjudication, conviction, or plea.
(B) As used in this chapter, the term 'resident' does not include a person who is not lawfully present in the United States."
SECTION 3. Section 59-115-20 of the 1976 Code is amended to read:
"Section 59-115-20. The following words and terms shall, unless the context otherwise requires, have the following meanings:
(1) 'Authority' shall mean means the State Budget and Control Board of South Carolina, acting as the State Education Assistance Authority.
(2) 'Eligible institution' shall mean means (a) any institution institutions of higher learning or post-secondary business, trade or technical educational schools; and (b) vocational and training schools, which shall have received the approval as such by the authority. Eligible institutions may be located within or beyond the boundaries of South Carolina.
(3) 'Loan fund' shall mean means the State Education Assistance Authority loan fund which shall be established as provided by Section 59-115-60.
(4) 'Revenue bonds' or 'student loan revenue bonds' shall mean revenue bonds of the authority issued under the provisions of this chapter, including revenue refunding bonds.
(5) 'Sinking fund' shall mean means the fund established pursuant to Section 59-115-70 in order to provide for the payment of the principal and interest of revenue bonds.
(6) 'Student' means any a qualifying student person in attendance at any an eligible institution and does not include a person who is not lawfully present in the United States.
(7) 'Student loans' means loans made to students for the purpose of enabling them to attend eligible institutions.
(8) 'Loan Guarantee Reserve Fund' shall mean means the State Education Assistance Authority Loan Guarantee Reserve Fund which shall be established as provided by Section 59-115-70."
SECTION 4. Section 59-149-20 of the 1976 Code is amended to read:
"Section 59-149-20. (A) To be eligible for a LIFE Scholarship, a student must be considered a resident of this State as provided in this chapter.
(B) A student attending such a public or independent institution of this State and who is seeking a LIFE Scholarship as a freshman meets the residency requirements of this chapter if he meets the requirements of Section 59-149-50(A) in regard to high school or home school graduation requirements and is classified as a resident of South Carolina for in-state tuition purposes under Chapter 112 of this title at the time of enrollment at the institution.
(C) Students receiving a Palmetto Fellows Scholarship are not eligible for a LIFE Scholarship under this chapter.
(D) As used in this chapter, the term 'student' does not include a person who is not lawfully present in the United States.
(E) As used in this chapter, the term 'resident' does not include a person who is not lawfully present in the United States."
SECTION 5. Section 59-150-20 of the 1976 Code is amended to read:
"Section 59-150-20. As used in this chapter:
(1) 'Administrative expenses' means operating expenses, excluding amounts set aside for prizes, regardless of whether the prizes are claimed, and excluding amounts held as a fidelity fund pursuant to Section 59-150-170.
(2) 'Board' means the Board of Commissioners of the South Carolina Lottery Commission.
(3) 'Commission' means the South Carolina Lottery Commission.
(4) 'Educational purposes and programs' means educational expenses and scholarships as defined in Section 59-150-350(D).
(5) 'Executive director' means the executive director of the South Carolina Lottery Commission or his designee.
(6) 'Immediate family' means a person who is:
(a) a spouse;
(b) a child residing in the same household; or
(c) claimed as a dependent for income tax purposes.
(7) 'Lottery', 'lotteries', 'lottery game', or 'lottery games' means a game of chance approved by the General Assembly and operated pursuant to this chapter including, but not limited to, the lottery game categories of instant tickets, on-line lottery games and drawing numbers but excluding keno, pari-mutuel betting, and casino gambling as defined in this section. The operation of the lottery games excludes machines and lottery games, including video poker lottery games, prohibited by Sections 12-21-2710, 16-19-40, and 16-19-50. The access and use of an electronic or mechanical machine designed for a lottery game authorized pursuant to this chapter must be limited to a lottery retailer and his employees only in order to facilitate retail sales of lottery tickets, and such a machine must not dispense anything other than lottery tickets.
As used in this item, 'casino gambling' means a location or business for the purpose of conducting unlawful gambling activities, but excluding the sale and purchase of lottery game tickets or shares; and 'pari-mutuel betting' means a method or system of wagering on actual races including races involving horses or dogs at tracks and the distribution of winnings by pools.
(8) 'Lottery retailer' means a person who sells lottery game tickets or shares on behalf of the South Carolina Lottery Commission pursuant to a contract.
(9) 'Lottery vendor' means a person who provides or proposes to provide goods or services to the South Carolina Lottery Commission pursuant to a procurement contract, but does not include an employee of the commission, a lottery retailer, or a state agency or instrumentality of the State. The term includes a corporation whose shares are traded publicly and which is the parent company of the contracting party in a procurement contract.
(10) 'Member' or 'members' means a commissioner or commissioners of the board of the South Carolina Lottery Commission.
(11) 'Minority business' means a business which meets the definition of a socially and economically disadvantaged small business as described in Article 21, Chapter 35, Title 11, specifically a small business concern which:
(a) is at least fifty-one percent owned by one or more citizens of the United States who are determined to be socially and economically disadvantaged;
(b) in the case of a concern which is a corporation, at least fifty-one percent of all classes of voting stock of such corporation is owned by an individual determined to be socially and economically disadvantaged; or
(c) in the case of a concern which is a partnership, at least fifty-one percent of the partnership interest is owned by an individual or individuals determined to be socially and economically disadvantaged or whose management and daily business operations are controlled by individuals determined to be socially and economically disadvantaged. Those individuals must be involved in the daily management and operations of the business concerned. 'Small business' as used in this item means a business which meets the definition of a small business for purposes of the Small Business Administration, an agency of the United States.
(12) 'Net proceeds' means all revenue derived from the sale of lottery game tickets or shares and all other monies derived from the lottery games, less operating expenses and prizes.
(13) 'Operating expenses' means all costs of doing business including, but not limited to, prizes, commissions, and other compensation paid to a lottery retailer, advertising and marketing costs, rental fees, personnel costs, capital costs, depreciation of property and equipment, funds for compulsive gambling education and treatment, amounts held in or paid from a fidelity fund pursuant to Section 59-150-170, and other operating costs.
(14) 'Person' means an individual, corporation, partnership, unincorporated association, or other legal entity and does not include an individual or other legal entity that is not lawfully present in the United States.
(15) 'Prize' means an award, gift, or anything of value regardless of whether there are conditions or restrictions attached to its receipt.
(16) 'Proceeds' means all lottery revenue derived from the sale of lottery game tickets or shares and all other monies derived from the lottery or received by the commission.
(17) 'Share' means an intangible interest in a lottery ticket, by way of assignment, contractual participation, or other claim or right.
(18) 'Ticket' means tangible evidence issued by the South Carolina Lottery Commission to provide participation in a lottery game."
SECTION 6. Section 59-150-370 of the 1976 Code, as last amended by Act 115 of 2007, is further amended by adding at the end to read:
"Section 59-150-370. (A) SC HOPE Scholarships are hereby established and are provided by the State. These scholarships are authorized in an amount of up to two thousand five hundred dollars, plus a one hundred fifty dollar book allowance to cover the cost of attendance, as defined by the Commission on Higher Education by regulation, during the first year of attendance only, to an eligible student attending a four-year public or independent institution as defined in subsection (B) who does not also qualify for a LIFE Scholarship or a Palmetto Fellows Scholarship.
(B) For purposes of this chapter, a 'public or independent institution' that a student may attend to receive a SC HOPE Scholarship includes the following:
(1) a South Carolina four-year public institution as defined in Section 59-103-5 and a four-year independent institution as defined in Section 59-113-50;
(2) a public or independent bachelor's level institution chartered before 1962 whose major campus and headquarters are located within South Carolina; or an independent bachelor's level institution which is accredited by the Southern Association of Colleges and Secondary Schools; or an independent bachelor's level institution which is accredited by the New England Association of Colleges and Schools. Institutions whose sole purpose is religious or theological training, or the granting of professional degrees do not meet the definition of 'public or independent institution' for purposes of this chapter.
(C) A student is eligible to receive a SC HOPE Scholarship if he meets the criteria for receiving and maintaining the Legislative Incentives for Future Excellence (LIFE) Scholarship except that a minimum Scholastic Aptitude Test (SAT) or ACT score and requisite class rank are not required for eligibility for the SC HOPE Scholarship. These SC HOPE Scholarships must be granted and awarded as provided in this section.
(D) These SC HOPE Scholarships in combination with all other grants and scholarships must not exceed the cost of attendance at the particular institutions referenced in subsection (B).
(E) The Commission on Higher Education must promulgate regulations and establish procedures to administer the provisions of this section.
(F) All institutions participating in the SC HOPE Scholarship Program must report their enrollment and other relevant data as solicited by the Commission on Higher Education which may audit these institutions to ensure compliance with this provision.
(G) For purposes of this chapter, a person is not a 'student' and is not eligible for the SC HOPE Scholarship if he is not lawfully present in the United States."
SECTION 7. This act takes effect upon approval by the Governor.
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