§ 59-112-10 — Definitions.

As used in this chapter: (A) The words "state institution" mean those post- secondary educational institutions under the jurisdiction of: (1) the Board of Trustees, Clemson University; (2) the Board of Trustees, Medical University of South Carolina; (3) the Board of Trustees, South Carolina State University; (4) the Board of Trustees, College of Charleston; (5) the Board of Trustees, Lander University; (6) the Board of Trustees, Francis Marion University; (7) the Board of Visitors, The Citadel; (8) the Board of Trustees, the University of South Carolina; (9) the Board of Trustees, Winthrop University; (10) the Board of Trustees, Coastal Carolina University; (11) the State Board for Technical and Comprehensive Education. (B) The word "student" shall mean any person enrolled for studies in any State Institution. (C) The word "residence" or "reside" shall mean continuous and permanent physical presence within this State, provided, that temporary absences for short periods of time shall not affect the establishment of a residence. (D) The word "domicile" shall mean a person's true, fixed, principal residence and place of habitation; it shall indicate the place where such person intends to remain, and to which such person expects to return upon leaving without establishing a new domicile in another state. For purposes of this section one may have only one legal domicile; one is presumed to abandon automatically an old domicile upon establishing a new one. Housing provided on an academic session basis for students at State Institutions shall be presumed not to be a place of principal residence, as residency in such housing is by nature temporary. (E) The words "in-state rates" shall mean charges for tuition and fees established by State Institutions for persons who are domiciled in South Carolina in accordance with this chapter; the words "out-of-state rates" shall mean charges for tuition and fees established by State Institutions for persons who are not domiciled in South Carolina in accordance with this chapter. (F) The words "independent person" shall mean a person in his majority, or an emancipated minor, whose predominant source of income is his own earnings or income from employment, investments, or payments from trusts, grants, scholarships, loans or payments of alimony or separate maintenance made pursuant to court order. (G) The words "dependent" or "dependent person" mean: (1) one whose financial support is provided not through his own earnings or entitlements, but whose predominant source of income or support is payments from a parent, spouse, or guardian, and who qualifies as a dependent or an exemption on the federal tax return of the parent, spouse, or guardian; or (2) one for whom payments are made, under court order, for child support and the cost of his college education by an independent person meeting the provisions of Section 59-112-20 (A) or (B). The words "dependent" or "dependent person" do not include a spouse or former spouse who is the recipient of alimony or separate maintenance payments made pursuant to court order. (H) The word "minor" shall mean a person who has not attained the age of eighteen years; and the words "emancipated minor" shall mean a minor whose parents have entirely surrendered the right to the care, custody and earnings of such minor and are no longer under any legal obligation to support or maintain such minor. (I) The word "parent" shall mean a person's natural or adoptive father or mother; or if one parent has custody of the child, the parent having custody; or if there is a guardian or other legal custodian of such person, then such guardian or legal custodian; provided, however, that where circumstances indicate that such guardianship or custodianship was created primarily for the purpose of conferring South Carolina domicile for tuition and fee purposes on such child or dependent person, it shall not be given such effect. (J) The word "spouse" shall mean the husband or wife of a married person.

Legislative History

HISTORY: 1978 Act No. 466, SECTION 1; 1988 Act No. 510, SECTION 10; 1988 Act No. 578, SECTION 1; 2000 Act No. 254, SECTION 4.