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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.
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:
SECTION 1. 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 in-state 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 degree-seeking 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 drug-related 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."
SECTION 2. Section 59-149-90(A) of the 1976 Code, as added by Act 418 of 1998, is amended to read:
"Section 59-149-90. (A) Students must not have 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 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;"
SECTION 3. This act takes effect upon approval by the Governor.
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