Indicates Matter Stricken

Indicates New Matter

 

Committee Report

May 1, 2025

 

H. 3453

 

Introduced by Reps. Rose, Pope and Spann-Wilder

 

S. Printed 5/1/25--H.

Read the first time January 14, 2025

 

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The committee on House Medical, Military, Public and Municipal Affairs

To whom was referred a Bill (H. 3453) to amend the South Carolina Code of Laws by amending Section 59-111-20, relating to free tuition for certain veterans' children, so as to provide that a veteran's, etc., respectfully

Report:

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, by adding an appropriately numbered SECTION to read:

SECTION X. Section 59-112-50 of the S.C. Code is amended to read:

 

    Section 59-112-50. (A) Notwithstanding another provision of law, during the period of their assignment to duty in South Carolina, members of the Armed Services, retired military personnel, and honorably discharged veterans of the United States stationed in South Carolina and their dependents are eligible for in-state tuition rates. When these armed service personnel are ordered away from the State, their dependents are eligible for in-state tuition rates as long as they remain continuously enrolled at the state institution in which they are enrolled at the time the assignment ends or transfer to an eligible institution during the term or semester, excluding summer terms, immediately following their enrollment at the previous institution. In the event of a transfer, the receiving institution shall verify the decision made by the student's previous institution in order to certify the student's eligibility for in-state tuition rates. It is the responsibility of the transferring student to ensure that all documents required to verify both the previous and present residency decisions are provided to the institution. These persons and their dependents are eligible for in-state tuition rates after their discharge from the armed services even though they were not enrolled at a state institution at the time of their discharge, if they have evidenced an intent to establish domicile in South Carolina and if they have resided in South Carolina for a period of at least twelve months immediately preceding their discharge. Active duty military personnel, retired military personnel, and honorably discharged veterans may be charged less than the undergraduate tuition rate for South Carolina residents for courses that are presented on a distance basis, regardless of residency.

    (B)(1) Active duty military personnel, retired military personnel, honorably discharged veterans, and their dependents may be charged less than the undergraduate tuition rate for South Carolina residents for courses that are presented on a distance basis, regardless of residency.

       (2) For purposes of this section, "active duty military personnel" includes, but is not limited to, active duty guardsmen and active duty reservists.

    (C)(1) Notwithstanding any other provision of law, a covered individual enrolled in a public institution of higher education and receiving educational assistance under Chapter 30, Chapter 31, and Chapter 33, Title 38 of the United States Code are entitled to pay in-state tuition and fees without regard to the length of time the covered individual has resided in this State.

       (2) For purposes of this subsection, a covered individual is defined as:

           (a) a veteran who served ninety days or longer on active duty in the uniformed service of the United States, their respective reserve forces, or the National Guard;

           (b) a person who is entitled to and receiving assistance under Section 3319, Title 38 of the United States Code by virtue of the person's relationship to the veteran described in subitem (a);

           (c) a person using transferred benefits under Section 3319, Title 38 of the United States Code while the transferor is on active duty in the uniformed service of the United States, their respective reserve forces, or the National Guard;

           (d) a person who is entitled to and receiving assistance under Section 3311(b)(9), Title 38 of the United States Code;  or

           (e) a person who is entitled to and is receiving assistance under Section 3102(a), Title 38 of the United States Code.

       (3) A covered individual must live in this State while enrolled at the in-state institution.

Renumber sections to conform.

Amend title to conform.

 

S.H. DAVIS for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill allows children of wartime veterans, upon application and approval by DVA, to be admitted to any state-supported college, university, or post high school technical education institution free of tuition, provided that the veteran's child has been a resident of this state since birth.  Currently, under §59-111-20, children of wartime veterans may receive free tuition to state universities or technical colleges if the veteran was a resident of the state upon entry or during service or is a current resident who has lived in the state for at least one year, or if the veteran is deceased and resided in the state for at least one year before their death, provided the veteran served honorably during a war period defined under federal law, and meets one of several enumerated service history requirements.  Under the bill and current law, eligible children of wartime veterans may be no older than 26 seeking any type of undergraduate degree to receive free tuition.

 

DVA reports that the approval and application requirements in the bill will be managed with existing staff and resources.  Therefore, this bill will have no expenditure impact on DVA.

 

Based on responses from USC, Clemson, CCU, Lander, Winthrop, SC State, the Citadel, and FMU, as well as the Tech System, this bill is not expected to have a material expenditure impact.  Additional expenses for the institutions will depend on the number of additional students who enroll and receive free tuition under the bill.

 

State Revenue

This bill allows children of wartime veterans, upon application and approval by DVA, to be admitted to any state-supported college, university, or post high school technical education institution free of tuition, provided that the veteran's child has been a resident of this state since birth.

 

This bill may reduce tuition revenue for state institutions of higher learning in FY 2025-26, depending on the number of current or prospective students that may be eligible to receive free tuition.  According to DVA, under the current law providing free tuition to the children of eligible wartime veterans, the number of students enrolled across all state institutions of higher learning receiving free tuition totaled at least 3,643 in the fall semester of 2024.  Based on institutional tuition rates, this results in approximately $18,660,000 in aggregate tuition for the semester, which results in approximately $37,320,000 per academic year.  This does not include any lottery or institutional scholarships that would otherwise be applied, room and board or other expenses that an institution may charge in addition to tuition, and does not account for any military discounts that some institutions currently offer.  This bill may increase the number of students receiving free tuition, thereby reducing current tuition revenues if the student is currently enrolled, or future tuition revenue for prospective eligible students.  However, as the number of lifetime resident children of wartime veterans that would be eligible to receive free tuition under the bill is currently unknown, the potential impact on tuition revenue for state institutions of higher learning is undetermined.

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 59-111-20, RELATING TO FREE TUITION FOR CERTAIN VETERANS' CHILDREN, SO AS TO PROVIDE THAT A VETERAN'S CHILD QUALIFIES FOR FREE TUITION IF THAT CHILD HAS BEEN A RESIDENT OF SOUTH CAROLINA SINCE BIRTH.

 

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

 

SECTION 1.  Section 59-111-20 of the S.C. Code is amended to read:

 

    Section 59-111-20. (A) A child of a wartime veteran, upon application to and approval by the South Carolina Department of Veterans Affairs, may be admitted to any state-supported college, university, or post high school technical education institution free of tuition so long as his work and conduct is satisfactory to the governing body of the institution, if the veteran was a resident of this State at the time of entry into service and during service or has been a resident of this State for at least one year and still resides in this State or, if the veteran is deceased, resided in this State for one year before his death, or the veteran's child has been a resident of this State since birth, and provided the veteran served honorably in a branch of the military service of the United States during a war period, as those periods are defined by Section 101 of Title 38 of the United States Code and:

       (1) was killed in action;

       (2) died from other causes while in the service;

       (3) died of disease or disability resulting from service;

       (4) was a prisoner of war as defined by Congress or Presidential proclamation during such war period;

       (5) is permanently and totally disabled, as determined by the Veterans Administration from any cause;

       (6) has been awarded the Congressional Medal of Honor;

       (7) is missing in action;

       (8) the applicant is the child of a deceased veteran who qualified under items (4) and (5);  or

       (9) has been awarded the Purple Heart for wounds received in combat.

    (B) The provisions of this section apply to a child of a veteran who meets the residency requirements of Chapter 112 of this title, is twenty-six years of age or younger, and is pursuing any type of undergraduate degree.

 

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

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