House Bill 389

AN ACT TO AMEND SECTION 37-103-25, MISSISSIPPI CODE OF 1972, TO ESTABLISH THE TUITION AT STATE UNIVERSITIES AND COMMUNITY COLLEGES FOR NONRESIDENTS; TO AMEND SECTIONS 37-29-81 AND 37-29-423, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 37-103-25, Mississippi Code of 1972, is amended as follows:

[Until July 1, 2006, this section will read as follows:]

37-103-25. (1) The Board of Trustees of State Institutions of Higher Learning and the boards of trustees of the community colleges and junior colleges are * * * authorized to prescribe the amount of tuition and fees to be paid by students attending the several state-supported institutions of higher learning and community colleges and junior colleges of the State of Mississippi.

(2) Except as otherwise provided in subsection (3) of this section, in prescribing the rates to be paid by residents of other states, the total tuition shall not be less than the average cost per student from appropriated funds.

(3) (a) The tuition to be paid by a resident of another state who was enrolled at a state institution of higher learning or a state community college or junior college during the 2001-2002 academic year shall be equal to the tuition amount established under subsection (2) of this section so long as the student maintains continuous enrollment for at least two (2) semesters or three (3) quarters in each successive academic year at the state institution of higher learning or community college or junior college in which he is enrolled. However, if the nonresident student ceases to maintain continuous enrollment at the state institution of higher learning or a state community college or junior college in which he is enrolled, the tuition to be paid by the student, upon his reenrollment, shall be determined in accordance with paragraph (b) or (c) of this subsection. An institution of higher learning or a community college or junior college, in its discretion, may grant an exception to this requirement for any nonresident student who does not maintain continuous enrollment for the purpose of participating in a cooperative program, internship program or foreign study program.

(b) Except as otherwise provided in paragraph (a) of this subsection, beginning with the 2002-2003 academic year, the tuition to be paid by a resident of another state at a state institution of higher learning shall be equal to the average nonresident tuition assessed by the state-supported institutions of higher learning in the state which is the legal residence of the student, as determined annually by the Board of Trustees of State Institutions of Higher Learning.

(c) Except as otherwise provided in paragraph (a) of this subsection, beginning with the 2002-2003 academic year, the tuition to be paid by a resident of another state at a state community college or junior college shall be equal to the average nonresident tuition assessed by the state-supported community colleges or junior colleges, or both, in the state which is the legal residence of the student, as determined annually by the State Board for Community and Junior Colleges.

[From and after July 1, 2006, this section will read as follows:]

(2) (a) The tuition to be paid by a resident of another state at a state institution of higher learning shall be equal to the average nonresident tuition assessed by the state-supported institutions of higher learning in the state which is the legal residence of the student, as determined annually by the Board of Trustees of State Institutions of Higher Learning.

(b) The tuition to be paid by residents of other states at the state community colleges and junior colleges shall be equal to the average nonresident tuition assessed by the state-supported community colleges or junior colleges, or both, in the state which is the legal residence of the student, as determined annually by the State Board for Community and Junior Colleges.

SECTION 2. Section 37-29-81, Mississippi Code of 1972, is amended as follows:

37-29-81. The district, in the discretion of the board of trustees, may charge fees and tuitions in accordance with Section 37-103-25.

SECTION 3. Section 37-29-423, Mississippi Code of 1972, is amended as follows:

37-29-423. The Mississippi Gulf Coast Junior College District, in the discretion of the board of trustees, may charge fees and tuitions in accordance with Section 37-103-25.

SECTION 4. This act shall take effect and be in force from and after July 1, 2002.