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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-3-220 SO AS TO CREATE THE "SOUTH CAROLINA SOLDIERS' SUPPORT ACT OF 2008", AND TO PROVIDE LIMITED COLLEGE TUITION PAYMENTS TO THE SPOUSE AND CHILD OF A DECEASED NATIONAL GUARD MEMBER WHO DIED WHILE PERFORMING HIS MILITARY DUTY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 3, Title 25 of the 1976 Code is amended by adding:
"Section 25-3-220. (A)(1) This section may be cited as the 'South Carolina Soldiers' Support Act of 2008'.
(2) There is created the 'South Carolina National Guards' Life Insurance Reimbursement Fund' that is a nonreverting fund in the state treasury. The fund must consist of legislative appropriations, gifts, grants, donations, and bequests to the fund and income from fund investments. An expenditure of the fund must be made on a warrant drawn by the State Treasurer and administration approved by the Adjutant General or his authorized agent. If appropriated funds are insufficient to fully reimburse applicants, then reimbursements must be distributed on a pro rata basis.
(3) The fund must be administered by the State Budget and Control Board. Money in the fund is appropriated to the State Budget and Control Board to reimburse an eligible member of the National Guard for a premium paid to receive a benefit under the Servicemembers Group Life Insurance program as provided in 38 U.S.C. 1965-1980A.
(4) The State Budget and Control Board shall adopt rules necessary to determine eligibility for reimbursement from the fund and to implement and reimbursement the program.
(5) Nothing in this section is intended to alter, amend, or change the eligibility or applicability of the Servicemembers Group Life Insurance program, a right, responsibility, or benefit related to the program.
(B)(1) The spouse of an active member of the National Guard who died while performing his military duty may have his full tuition to a public college in this State paid from the general fund.
(2) The child of an active member of the National Guard who dies while performing his duty as a servicemember may have his full tuition to a public college in this State paid from the general fund, but only if he is between sixteen and twenty-one years of age on the date of his enrollment as a student at the college.
(3) A tuition payment provided under this section may be made for the period of time normally needed to complete the planned course of study but may not exceed a period of four calendar years."
SECTION 2. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this bill, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 3. This act takes effect upon approval by the Governor.
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