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A162, R195, H3906
Sponsors: Reps. Harrell, Bales and Neilson
Document Path: l:\council\bills\pt\2530sj05.doc
Introduced in the House on April 12, 2005
Introduced in the Senate on May 3, 2005
Last Amended on June 1, 2005
Passed by the General Assembly on June 1, 2005
Governor's Action: June 7, 2005, Vetoed
Legislative veto action(s): Veto overridden
Summary: Palmetto Fellows Scholarship Program
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 4/12/2005 House Introduced and read first time HJ-11 4/12/2005 House Referred to Committee on Ways and Means HJ-11 4/19/2005 House Member(s) request name added as sponsor: Neilson 4/19/2005 House Committee report: Favorable Ways and Means HJ-59 4/20/2005 Scrivener's error corrected 4/26/2005 House Debate adjourned until Wednesday, April 27, 2005 HJ-106 4/27/2005 House Read second time HJ-12 4/28/2005 House Read third time and sent to Senate HJ-10 5/3/2005 Senate Introduced and read first time SJ-27 5/3/2005 Senate Referred to Committee on Education SJ-27 5/19/2005 Senate Committee report: Favorable with amendment Education SJ-12 5/20/2005 Scrivener's error corrected 5/25/2005 Senate Amended SJ-70 5/25/2005 Senate Read second time SJ-70 5/26/2005 Scrivener's error corrected 5/26/2005 Senate Amended SJ-312 5/26/2005 Senate Read third time and returned to House with amendments SJ-312 6/1/2005 House Senate amendment amended HJ-41 6/1/2005 House Returned to Senate with amendments HJ-41 6/1/2005 Senate Concurred in House amendment and enrolled SJ-68 6/2/2005 Ratified R 195 6/7/2005 Vetoed by Governor 6/14/2005 House Veto overridden by originating body Yeas-77 Nays-34 6/14/2005 Senate Veto overridden Yeas-35 Nays-7 6/20/2005 Copies available 6/20/2005 Effective date See Act for Effective Date 6/21/2005 Act No. 162
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
(A162, R195, H3906)
AN ACT TO AMEND SECTION 59-104-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP PROGRAM, SO AS TO PROVIDE THAT THE SCHOLARSHIP IS AVAILABLE TO CERTAIN ELIGIBLE RESIDENT STUDENTS, TO DEFINE CERTAIN TERMS, TO PROVIDE THE CRITERIA THE STUDENTS MUST MEET TO RECEIVE THE SCHOLARSHIP; TO AMEND SECTION 2-77-15, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA HIGHER EDUCATION EXCELLENCE ENHANCEMENT PROGRAM, SO AS TO REVISE THE DEFINITION OF ELIGIBLE INSTITUTION; TO AMEND SECTION 59-149-10, AS AMENDED, RELATING TO LIFE SCHOLARSHIPS, SO AS TO REVISE THE DEFINITION OF PUBLIC OR INDEPENDENT INSTITUTION; AND TO AMEND SECTION 59-149-50, AS AMENDED, RELATING TO LIFE SCHOLARSHIPS, SO AS TO PROVIDE THAT A STUDENT WHOSE PARENT OR GUARDIAN HAS SERVED IN OR HAS RETIRED FROM ONE OF THE UNITED STATES ARMED FORCES WITHIN THE LAST FOUR YEARS AND HAS MET CERTAIN OTHER REQUIREMENTS IS ELIGIBLE FOR IN-STATE TUITION AND FEES AND TO PROVIDE THAT THE CUMULATIVE GRADE POINT AVERAGE CALCULATION MUST INCLUDE THE STUDENT'S GRADE POINT AVERAGE AT ALL PUBLIC OR INDEPENDENT INSTITUTIONS ATTENDED BY THE STUDENT.
Be it enacted by the General Assembly of the State of South Carolina:
Palmetto Fellows Scholarship eligibility
SECTION 1. Section 59-104-20 of the 1976 Code, is amended by adding subsections (E), (F), (G), and (H) at the end to read:
"(E) A Palmetto Fellows Scholarship is available to an eligible resident student who attends or will attend an eligible four-year public or independent institution.
(F) For purposes of subsection (E):
(1) 'Public or independent institution' means:
(a) a South Carolina public institution defined in Section 59-103-5, excluding a public two-year or technical institution, and an independent institution as defined in Section 59-113-50, excluding an eleemosynary junior or independent two-year institution; or
(b) a public or independent bachelor's level institution chartered before 1962 whose major campus and headquarters are located within South Carolina.
(2) 'Resident student' means:
(a) a student who is either a member of a class graduating from a high school located in this State, a home school student who has successfully completed a high school home school program in this State in the manner required by law, or a student graduating 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; and
(b) a student classified as a resident of South Carolina for in-state tuition purposes under Chapter 112 of this title at the time of enrollment at the institution.
(G) In addition to qualifications established by regulation, to qualify for a Palmetto Fellows Scholarship, a student shall:
(1) meet the following three criteria:
(a) a minimum score of 1200 on the Scholastic Aptitude Test (SAT) or an equivalent ACT score;
(b) a cumulative 3.5 grade point ratio on the Uniform Grading Scale at the end of the junior or senior year; and
(c) rank in the top six percent of the class at the end of the sophomore, junior, or senior year. When calculating eligibility for Palmetto Fellows Scholarships in schools where the top six percent of the graduating class is two students or less, the top two students must be considered for the scholarship regardless of class rank. The top six percent of the graduating class must meet all Palmetto Fellows Scholarship eligibility requirements in order to receive a scholarship. If the top six percent of the class is not a whole number of students, the Commission on Higher Education shall round up to the next whole number of students eligible; or
(2) meet the following two criteria:
(a) a minimum score of 1400 on the Scholastic Aptitude Test (SAT) or an equivalent ACT score; and
(b) a cumulative 4.0 grade point ratio on the Uniform Grading Scale at the end of the junior or senior year.
Qualifying scores must be certified by the high school on the Palmetto Fellows Scholarship application by the scholarship application deadline.
(H) Notwithstanding another provision of law, a student who met the initial eligibility requirements to receive a Palmetto Fellows Scholarship Award as a senior in high school and has met the continuing eligibility requirements shall receive the award. A student who received a Palmetto Fellows Scholarship Award as a senior in high school but declined the award is eligible to reapply for the annual scholarship, providing he meets all of the initial and continuing academic eligibility requirements of the Palmetto Fellows program, if he transfers to a qualifying South Carolina institution of higher learning. The number of semesters or academic years a student attended an out-of-state institution are to be deducted from the number of semesters or academic years a student is eligible for the scholarship. All funding provided for Palmetto Fellows Scholarships regardless of its source or allocation must be used to implement the provisions of this subsection."
SECTION 2. Section 2-77-15 of the 1976 Code is amended to read:
"Section 2-77-15. For purposes of this chapter:
(1) 'Eligible institution' means a four-year institution of higher learning:
(a) at which sixty percent or more of the enrolled undergraduate students were low-income and educationally disadvantaged students, for the four consecutive years immediately preceding the then current year;
(b) that is defined in Part B, Subchapter III, Chapter 28, Title 20 of the United States Code;
(c) that is accredited by the Southern Association of Colleges and Schools;
(d) that is organized as a nonprofit corporation or is a public institution; and
(e) that has its main campus located in South Carolina.
(2) 'Federal funding program' means:
(a) Section 507(c) of the Omnibus Parks and Land Management Act of 1996 (16 U.S.C. 470a note), as amended; or
(b) Part B, Subchapter III, Chapter 28, Title 20 of the United States Code.
(3) 'Low-income and educationally disadvantaged student' means a student who receives a Pell Grant."
SECTION 3. A. Section 59-149-10(B)(2) of the 1976 Code, as last amended by Act 187 of 2004, is further amended to read:
"(2) a public or independent bachelor's level institution chartered before 1962 whose major campus and headquarters are located within South Carolina; or an independent bachelor's level institution which was incorporated in its original charter in 1962, was granted a license to operate in 1997 by the Commission on Higher Education, has continued to maintain a campus in South Carolina, and is accredited by the Southern Association of Colleges and Secondary Schools. Institutions whose sole purpose is religious or theological training, or the granting of professional degrees do not meet the definition of 'public or independent institution' for purposes of this chapter."
B. The provisions of Section 59-149-10(B)(2) of the 1976 Code, as amended by this act, apply with regard to LIFE Scholarships awarded beginning with the 2004 fall semester.
LIFE Scholarship eligibility
SECTION 4. Section 59-149-50(A) of the 1976 Code, as last amended by Act 187 of 2004, is further amended to read:
"(A) To be eligible for a LIFE Scholarship, a student must be either a student who has graduated from a high school located in this State, a student who has completed at least three of the final four years of high school within this State, a home school student who has successfully completed a high school home school program in this State in the manner required by law, a student who has 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, or a student whose parent or guardian has served in or has retired from one of the United States Armed Forces within the last four years, paid income taxes in this State for a majority of the years of service, and is a resident of this State. These students also must meet the requirements of subsection (B) and be eligible for in-state tuition and fees as determined pursuant to Chapter 112 of Title 59 and applicable regulations. In addition, beginning with the 1998-1999 school year for those students who graduate from high school on or after May 1998, the student must have graduated from high school with a minimum of a 3.0 cumulative grade average on a 4.0 scale and have scored 1000 or better on the Scholastic Aptitude Test (SAT) or have the equivalent ACT score, 1050 or better, beginning with school year 2000-2001, and 1100 or better, beginning with school year 2002-2003; provided that, if the student is to attend such a public or independent two-year college or university in this State, including a technical college, the SAT requirement does not apply. If a student chooses to attend such a public or independent institution of this State and does not make the required SAT score or the required high school grade point average, as applicable, the student may earn a LIFE Scholarship after his freshman year if he meets the grade point average and semester credit hour requirements of subsection (B)."
LIFE Scholarship grade point average
SECTION 5. A. Section 59-149-50(B) of the 1976 Code, as last amended by Act 187 of 2004, is further amended to read:
"(B) Students receiving a LIFE Scholarship to retain it and students currently enrolled in an eligible institution to receive such a scholarship must earn a 3.0 cumulative grade point average on a 4.0 scale and earn at least thirty credit hours each year for the maximum of semesters permitted at that institution by Section 59-149-60. The cumulative grade point average calculation, for purposes of LIFE scholarship eligibility, must be inclusive of the student's grade point average at all public or independent institutions attended by the student."
B. The provisions of Section 59-149-50(B) of the 1976 Code, as amended by this act, apply with regard to LIFE Scholarships awarded beginning with the 2004 fall semester.
SECTION 6. This act takes effect upon approval by the Governor and applies to students who graduate from high school after January 1, 2004.
Ratified the 2nd day of June, 2005.
Vetoed by the Governor -- 6/7/05.
Veto overridden by House -- 6/14/05.
Veto overridden by Senate -- 6/14/05.
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