Current Status Bill Number:910 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19980114 Primary Sponsor:Leventis All Sponsors:Leventis, Lander, Wilson, Hayes and Branton Drafted Document Number:bbm\9531dw.97 Residing Body:Senate Current Committee:Finance Committee 06 SF Subject:State Guard, Adjutant General; provisions when on active duty rosters; Motor vehicle registration, college tuition
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19980114 Introduced, read first time, 06 SF
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND ARTICLE 1, CHAPTER 11, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL PROVISIONS REGARDING PUBLIC OFFICERS AND EMPLOYEES BY ADDING SECTION 8-11-125 SO AS TO GIVE A HIRING PREFERENCE TO A MEMBER OF THE STATE GUARD WHO IS ON THE ACTIVE DUTY ROSTERS FOR A VACANT POSITION IN STATE GOVERNMENT; BY ADDING SECTION 51-1-45 SO AS TO ALLOW A MEMBER OF THE STATE GUARD WHO IS ON THE ACTIVE DUTY ROSTERS OR A MEMBER OF THE STATE GUARD WHO HAS SERVED IN THE STATE GUARD FOR AT LEAST TEN YEARS OR ON REACHING AGE SIXTY-TWO, WHICHEVER FIRST OCCURS, TO BE ADMITTED TO ALL STATE PARKS, MUSEUMS, AND RECREATIONAL FACILITIES WITHOUT CHARGE; BY ADDING SECTION 56-3-622 SO AS TO AUTHORIZE A MEMBER OF THE STATE GUARD ON THE ACTIVE DUTY ROSTERS TO REGISTER ONE PRIVATE PASSENGER MOTOR VEHICLE WITHOUT PAYING THE BIENNIAL REGISTRATION FEE; TO AMEND CHAPTER 111, TITLE 59, BY ADDING ARTICLE 10 SO AS TO ALLOW A DISCOUNT ON TUITION AT STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING OR TECHNICAL COLLEGES; TO AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME, SO AS TO ALLOW A DEDUCTION OF FIVE HUNDRED DOLLARS FOR A MEMBER OF THE SOUTH CAROLINA STATE GUARD UNDER CERTAIN CONDITIONS; TO AMEND SECTION 50-9-510, AS AMENDED, RELATING TO HUNTING AND FISHING LICENSES, SO AS TO PROVIDE A NINE DOLLAR FEE FOR A LIFETIME LICENSE FOR A MEMBER OF THE STATE GUARD ON THE ACTIVE DUTY ROSTERS OR A MEMBER SERVING IN THE STATE GUARD FOR AT LEAST TEN YEARS OR ON REACHING AGE SIXTY-TWO, WHICHEVER FIRST OCCURS; TO AMEND SECTION 56-1-140, AS AMENDED, RELATING TO THE ISSUANCE AND FEE FOR A DRIVER'S LICENSE, SO AS TO WAIVE THE FEE FOR A MEMBER OF THE STATE GUARD WHO IS ON THE ACTIVE DUTY ROSTERS; TO AMEND SECTION 56-3-4710, AS AMENDED, RELATING TO SPECIAL LICENSE PLATES FOR MEMBERS OF THE SOUTH CAROLINA STATE GUARD, SO AS TO DELETE THE PERSONALIZED PLATE FEE REQUIRED FOR THE ISSUANCE OF THE PLATE AND REPLACE IT WITH THE PAYMENT OF ONE DOLLAR.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 11, Title 8 of the 1976 Code is amended by adding:
"Section 8-11-125. A member of the State Guard who is on the active rosters must be given a hiring preference over other applicants for vacancies in state government positions for which the person has applied and is qualified to fill. This preference must be in compliance with the Equal Employment Opportunity Act."
SECTION 2. The 1976 Code is amended by adding:
"Section 51-1-45. A South Carolina resident who is a member of the State Guard who is on the active duty rosters or who has served in the State Guard for at least ten years or on reaching age sixty-two, whichever first occurs, may enter any state park, museum, or recreational facility without charge upon presentation to the person in charge of the park of an identification card indicating that he is a member of the State Guard."
SECTION 3. The 1976 Code is amended by adding:
"Section 56-3-622. There is no biennial registration fee on a private passenger motor vehicle for a member of the State Guard on the active duty rosters."
SECTION 4. Chapter 111, Title 59 of the 1976 Code is amended by adding:
Section 59-111-810. As used in this article, 'tuition' means the amount charged for registering for a credit hour of instruction and may not be construed to mean any other fees or charges or costs of textbooks.
Section 59-111-820. (A) A member of the South Carolina State Guard enrolled as a student in state-supported institutions of higher learning or technical colleges as these institutions are enumerated in Section 59-111-340, is allowed a discount of ten percent off of the tuition charges for up to twelve credit hours as long as the student is on the active duty roster of the South Carolina State Guard. The student must be a resident of South Carolina in order to be eligible for the reduced tuition. This tuition discount may be claimed for a period of five years or until the receipt of a bachelor's degree, whichever occurs first. The State Commission on Higher Education shall administer the provisions of this section and has the authority to issue an exemption for a discount of ten percent of the tuition fees for up to twelve credit hours per semester to a member of the South Carolina State Guard who qualifies. This exemption shall remain in effect for one full academic year and may be renewed in accordance with regulations prescribed by the commission.
(B) The tuition discount provided by this section is optional with the particular institution or college and is based on availability of seats. Availability of seats must be determined on a course-by-course basis during registration by the institution or college.
(C) If the student terminates his enlistment in the South Carolina State Guard or if the student's work and conduct are no longer satisfactory to the governing body of the institution the student attends, the exemption is forfeited immediately, and the student shall pay the institution all tuition charges from which the student was exempt for that period.
(D) To receive the exemption, a student must be on the active duty roster of the South Carolina State Guard for the entire semester for which the exemption is claimed.
(E) The Adjutant General shall promulgate the regulations necessary for the implementation of this article and submit a list of eligible participants to the State Commission on Higher Education for validation.
(F) The State Commission on Higher Education shall validate the South Carolina State Guard list and forward an exemption certificate for each student to the registrar of the appropriate institution.
Section 59-111-830. The credit hours generated by students who are members of the South Carolina State Guard receiving the tuition discount under this article may not be used in computing the higher education funding formula and do not have an impact on the level of funding an institution receives.
Section 59-111-840. The provisions of this article are applicable beginning with the fall semester or quarter of 1997 and thereafter."
SECTION 5. Section 12-6-1140 of the 1976 Code, as last amended by Act 76 of 1995, is further amended by adding an appropriately numbered item at the end to read:
"( )(a) five hundred dollars for a member of the State Guard who has served at least one year on the active duty roster, and he is eligible for this deduction as long as he remains on the active duty roster; or
(b) five hundred dollars for a member serving in the State Guard for at least ten years or on reaching age sixty-two, whichever first occurs. A taxpayer claiming the deduction allowed by this subitem is not allowed the deduction pursuant to subitem (a)."
SECTION 6. Section 50-9-510 of the 1976 Code, as last amended by Act 372 of 1996, is further amended by adding two appropriately numbered items to read:
"( ) A member of the State Guard who is on the active duty rosters may obtain a statewide lifetime hunting and fishing license for nine dollars from the department. This license includes the privilege of hunting big game, hunting on Wildlife Management Area lands and state migratory waterfowl and of saltwater fishing.
( ) A member of the State Guard who has served in it for at least ten years or on reaching age sixty-two, whichever first occurs, may obtain a statewide lifetime hunting and fishing license for nine dollars from the department. This license includes the privilege of hunting big game, hunting on Wildlife Management Area lands and state migratory waterfowl and of saltwater fishing."
SECTION 7. Section 56-1-140 of the 1976 Code, as last amended by Act 497 of 1994, is further amended by adding a new paragraph at the end to read:
"The fee imposed by the provisions of this section for a driver's license is waived for a member of the State Guard who is on the active duty rosters."
SECTION 8. Section 56-3-4710(B) of the 1976 Code is amended to read:
"(B) The annual fee for the special license plate is the regular motor vehicle registration fee plus the personalized license plate fee provided by Section 56-3-2020 one dollar. Only one plate may be issued to a person. The revenue from the issuance of plates under this article must be deposited in the manner provided for under Section 56-3-2020. The department shall issue the license plate or the revalidation sticker upon receipt of an application made under oath and in the form required by the department."
SECTION 9. This act takes effect upon approval by the Governor.