MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Universities and Colleges

By: Representative Guice

AN ACT TO AMEND SECTION 37-103-7, MISSISSIPPI CODE OF 1972, TO CREATE A PRESUMPTION OF MISSISSIPPI RESIDENCY FOR TUITION PURPOSES FOR STUDENTS GRADUATING FROM MISSISSIPPI HIGH SCHOOLS AND ENROLLING IN STATE COMMUNITY COLLEGES OR INSTITUTIONS OF HIGHER LEARNING IN THE SAME YEAR; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 37-103-7, Mississippi Code of 1972, is amended as follows:

37-103-7. (1) Subject to the provisions of subsection (2) of this section, the residence of a person less than twenty-one (21) years of age is that of the father. After the death of the father, the residence of the minor is that of the mother. If the parents are divorced, the residence of the minor is that of the parent who was granted custody by the court; if custody was not granted, the residence continues to be that of the father. If both parents are dead, the residence of the minor is that of the last surviving parent at the time of that parent's death, unless the minor lives with a legal guardian of his person duly appointed by a proper court of Mississippi, in which case his residence becomes that of the guardian.

(2) Graduation from a high school located in Mississippi creates a presumption of residency in Mississippi if a student is accepted for enrollment and admitted at a state community or junior college or institution of higher learning during the same calendar year that the student graduates from the Mississippi high school, and no documentation other than proof of such graduation may be required from the student for the purpose of establishing residency in Mississippi.

SECTION 2. This act shall take effect and be in force from and after its passage.