BIL:153

TYP:General Bill GB

INB:Senate

IND:19990112

PSP:Hutto

SPO:Hutto, Elliott, Passailaigue, Leventis, Washington

DDN:l:\s-res\cbh\002scho.efd.doc

RBY:House

COM:Ways and Means Committee 30 HWM

LAD:19990429

SUB:Income tax credit or LIFE Scholarship, student ineligible for college tuition for year adjudicated delinquent

HST:

BodyDateAction DescriptionComLeg Involved

______

House19990504Introduced, read first time,30 HWM

referred to Committee

Senate19990430Read third time, sent to House

Senate19990429Read second time, unanimous

consent for third reading on

Friday, 19990430

Senate19990429Committee amendment adopted

Senate19990429Committee report: Favorable with04 SED

amendment

Senate19990112Introduced, read first time,04 SED

referred to Committee

Senate19981216Prefiled, referred to Committee04 SED

Printed Versions of This Bill

Ordered Printed on 19990429

TXT:

Indicates Matter Stricken

Indicates New Matter

COMMITTEE AMENDMENT ADOPTED

April 29, 1999

S.153

Introduced by Senators Hutto, Elliott, Passailaigue, Leventis and Washington

S. Printed 4/29/99--S.

Read the first time January 12, 1999.

[153-1]

A BILL

TO AMEND SECTION 12-6-3385 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR THE TUITION TAX CREDIT TO PROVIDE THAT A STUDENT WHO HAS BEEN ADJUDICATED DELINQUENT OR HAS BEEN CONVICTED OR PLED GUILTY OR NOLO CONTENDERE TO ANY ALCOHOL OR DRUG-RELATED OFFENSES IS ONLY INELIGIBLE FOR THE TAXABLE YEAR IN WHICH THE ADJUDICATION OCCURRED; AND TO AMEND SECTION 59-149-90 OF THE 1976 CODE, RELATING TO LIFE SCHOLARSHIP ELIGIBILITY, SO AS TO PROVIDE THAT A STUDENT WHO HAS BEEN ADJUDICATED DELINQUENT OR HAS BEEN CONVICTED OR PLED GUILTY OR NOLO CONTENDERE TO ANY ALCOHOL OR DRUG-RELATED OFFENSES IS ONLY INELIGIBLE FOR ONE CALENDAR YEAR AFTER THE ADJUDICATION OCCURRED.

Amend Title To Conform

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

SECTION1.Section 12-6-3385(B)(3) of the 1976 Code, as amended by Act 418 of 1998, is amended to read:

“(3)‘Student’ means an individual enrolled in an institution of higher learning:

(a)eligible for instate tuition and fees as determined pursuant to Chapter 112 of Title 59 and applicable regulations;

(b)who at the end of the taxable year for which the credit is claimed has completed at least fifteen credit hours a semester, or its equivalent, as determined by the Commission on Higher Education, for every regular semester ending during the applicable taxable year, and who is admitted, enrolled, and classified as a degreeseeking undergraduate or enrolled in a certificate or diploma program of at least one year;

(c)who, within twelve months before enrolling:

(i)graduated from a high school in this State;

(ii)successfully completed a high school home school program in this State in the manner required by law; or

(iii)graduated from a preparatory high school outside this State while a dependent of a parent or guardian who is a legal resident of this State and has custody of the dependent;

(d)not in default on a Federal Title IV or State of South Carolina educational loan, nor who owes a refund on a Federal Title IV or a State of South Carolina student financial aid program;

(e)who has not been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol or drugrelated offenses under the laws of this State, any other state or comparable jurisdiction, or of the United States; except that a student who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to any alcohol or drug-related misdemeanor offenses is only ineligible for the taxable year in which the adjudication occurred or for the first taxable year the student would otherwise qualify to receive the scholarship;

(f)who is in good standing at the institution attended;

(g)who is not a Palmetto Fellowship recipient;

(h)who is not a LIFE Scholarship recipient.”

SECTION2.Section 59-149-90(A) of the 1976 Code, as added by Act 418 of 1998, is amended to read:

“Section 5914990.(A)Students must not have been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol or drugrelated offenses under the laws of this or any other state or under the laws of the United States in order to be eligible for a LIFE Scholarship.; except that a student who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to any alcohol or drug-related misdemeanor offenses is only ineligible for one calendar year after the adjudication occurred or for the first year the student would otherwise qualify to receive the scholarship;”

SECTION3.This act takes effect upon approval by the Governor.

XX

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