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TO AMEND CHAPTER 112, TITLE 59 OF THE 1976 CODE, RELATING TO THE DETERMINATION OF RATES OF TUITION AND FEES, BY ADDING SECTION 59-112-45, TO PROVIDE THAT A PERSON WHO HAS A LAWFUL PRESENCE IN THIS STATE AND IS NOT PRECLUDED FROM ESTABLISHING RESIDENCY UNDER FEDERAL IMMIGRATION LAW MAY ESTABLISH DOMICILE IN THIS STATE FOR THE PURPOSE OF RECEIVING IN-STATE TUITION RATES AND FEES AT PUBLIC INSTITUTIONS OF HIGHER EDUCATION AND FOR STATE-SUPPORTED SCHOLARSHIPS AND GRANTS, PROVIDED THAT OTHER ELIGIBILITY REQUIREMENTS ARE MET; AND TO AMEND ARTICLE 1, CHAPTER 1, TITLE 40, RELATING TO BOARD REGULATION OF PROFESSIONS AND OCCUPATIONS, BY ADDING SECTION 40-1-35, TO PROVIDE THAT A PERSON WHO HAS A LAWFUL PRESENCE IN THIS STATE AND IS NOT PRECLUDED FROM ESTABLISHING RESIDENCY UNDER FEDERAL IMMIGRATION LAW MAY ESTABLISH RESIDENCY AND BE ELIGIBLE FOR OCCUPATIONAL OR PROFESSIONAL LICENSURE UNDER THE PROVISIONS OF THIS CHAPTER, PROVIDED THAT OTHER LICENSURE REQUIREMENTS ARE MET.
Whereas, approximately 6,400 Deferred Action for Childhood Arrivals (DACA) recipients, also known as "DREAMers," live in South Carolina; and
Whereas, in 2017, the Joint Legislative Committee for Children received public input in Charleston, Columbia, Greenville, and Florence, wherein approximately thirty DREAMers testified and requested eligibility to receive in-state tuition, eligibility for state scholarships, and the ability to receive occupational licenses; and
Whereas, approximately one-third of DREAMers in South Carolina are in middle school, high school, or college;
Whereas, with federal legislation, South Carolina could have DREAMers in this State indefinitely, and even without federal legislation, South Carolina will have DREAMers with legal status in this State until March 2020. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act must be known and may be cited as the "South Carolina DREAMers Act of 2018."
SECTION 2. Chapter 112, Title 59 of the 1976 Code is amended by adding:
"Section 59-112-45. Notwithstanding any other provision of law, a person who has a lawful presence in this State and is not precluded from establishing residency under federal immigration law may establish domicile in this State for the purpose of receiving in-state tuition rates and fees at public institutions of higher education. A person eligible for in-state tuition rates pursuant to this section is eligible for state-supported scholarships and grants, provided that other eligibility requirements are met.
SECTION 3. Article 1, Chapter 1, Title 40 of the 1976 Code is amended by adding:
"Section 40-1-35. Notwithstanding any other provision of law, a person who has a lawful presence in this State and is not precluded from establishing residency under federal immigration law may establish residency and be eligible for occupational or professional licensure under the provisions of this title, provided that other licensure requirements are met."
SECTION 4. This act takes effect upon approval by the Governor.
This web page was last updated on January 9, 2018 at 2:51 PM