South Carolina H 5269: College Tuition and U.S. Citizenship

Bill Text

2025-2026 Bill 5269 Text of Previous Version (Feb. 26, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 5269

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH 
CAROLINA CODE OF LAWS BY AMENDING SECTION 59-112-20, RELATING TO DOMICILE FOR 
TUITION RATES AND FEES FOR CERTAIN STATE EDUCATIONAL INSTITUTIONS, SO AS TO 
PROHIBIT IN-STATE RATES FOR PERSONS WHO ARE NOT CITIZENS OF THE UNITED STATES, 
ESTABLISH FINES FOR VIOLATIONS, AND PERMIT CERTAIN TAXPAYERS TO FILE LAWSUITS 
FOR ENFORCEMENT.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Section 59-112-20 of the S.C. Code is amended to read:

 Section 
59-112-20. South Carolina domicile for tuition and 
fee purposes shall be established as follows in determinations of rates of 
tuition and fees to be paid by students entering or attending State 
Institutions:

 (A) Independent 
persons who reside in and have been domiciled in South Carolina for a period of 
no less than twelve months with an intention of making a permanent home 
therein, and their dependents, may be considered eligible for in-state rates.

 (B) Independent 
persons who reside in and have been domiciled in South Carolina for fewer than 
twelve months but who have full-time employment in the State, and their 
dependents, may be considered eligible for in-state rates for as long as such 
independent person is employed on a full-time basis in the State.

 (C) Where 
an independent person meeting the provisions of Section 59-112-20 (B) 
above, is living apart from his spouse, or where such person and his spouse are 
separated or divorced, the spouse and dependents of such independent person 
shall have domiciliary status for tuition and fee purposes only under the 
following circumstances:

 (1) 
if the spouse requesting domiciliary status for tuition and fee purposes 
remains domiciled in South Carolina although living apart or separated from his 
or her employed spouse;

 (2) 
if the dependent requesting domiciliary status for tuition and fee purposes is 
under the legal custody or guardianship, as defined in Section 59-112-10 (I) 
above, of an independent person who is domiciled in this State; or if such 
dependent is claimed as an income tax exemption by the parent not having legal 
custody but paying child-support, so long as either parent remains domiciled in 
South Carolina.

 (D) The 
residence and domicile of a dependent minor shall be presumed to be that of the 
parent of such dependent minor.

 (E) Independent 
persons who reside in and are domiciled in Chatham-Effingham and Bryan County 
Georgia, and their dependents, may be considered eligible for in-state rates 
for as long as the Georgia Board of Regents offers its Georgia Tuition Program 
by which it grants in-state tuition to students residing in the Beaufort and 
Jasper county area.

 (F) In-state rates shall not be given 
to any person who is not a citizen of the United States, including the spouse 
of an independent person, a dependent person, or a dependent person's legal 
custodian or guardian despite otherwise eligible domiciliary status for 
in-state rates. A violation of this subsection shall result in a one million 
dollar fine per violation, with the fine to go to the state's general fund. Any 
person who paid taxes in South Carolina within the prior fiscal year is 
entitled to file a lawsuit to enforce the provisions of this subsection.

SECTION 2. This act takes effect upon approval 
by the Governor.

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This web page was last updated on February 26, 2026 at 11:12 AM