MISSISSIPPI LEGISLATURE
2005 Regular Session
To: Universities and Colleges
By: Representative Young
AN ACT TO AMEND SECTION 37-103-19, MISSISSIPPI CODE OF 1972, TO CLARIFY THE RESIDENCE STATUS OF SPOUSE AND CHILDREN OF MILITARY PERSONNEL ASSIGNED TO ACTIVE DUTY FOR PURPOSES OF ATTENDING STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING AND JUNIOR COLLEGES OF THE STATE OF MISSISSIPPI; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-103-19, Mississippi Code of 1972, is amended as follows:
37-103-19. (1) Resident status of a spouse or children of members of the armed forces on extended active duty shall be that of the military parent for the purpose of attending state-supported institutions of higher learning and junior colleges of the State of Mississippi during the time that their military parents are stationed within the State of Mississippi and shall be continued through the time that military parents are stationed in an overseas area with last duty assignment within the State of Mississippi, excepting temporary training assignments en route from Mississippi. Resident status of minor children shall terminate upon reassignment under Permanent Change of Station Orders of their military parents for duty in the continental United States outside the State of Mississippi, excepting temporary training assignments en route from Mississippi.
(2) The spouse or child of a member of the Armed Forces of the United States who dies or is killed is entitled to pay the resident tuition fee if the spouse or child becomes a resident of Mississippi within one hundred eighty (180) days of the date of death.
(3) If a member of the Armed Forces of the United States is stationed outside Mississippi and the member's spouse or child established residence in Mississippi by residing in Mississippi and by filing with the Mississippi institution of higher learning or community college at which the spouse or child plans to register a letter of intent to establish residence in Mississippi, the institution of higher education or community college shall permit the spouse or child to pay the tuition, fees and other charges provided for Mississippi residents without regard to length of time that the spouse or child has resided in Mississippi.
(4) A member of the Armed Forces of the United States or the child or spouse of a member of the Armed Forces of the United States who is entitled to pay tuition and fees at the rate provided for Mississippi residents under another provision of this section while enrolled in a degree or certificate program is entitled to pay tuition and fees at the rate provided for Mississippi residents in any subsequent term or semester while the person is continuously enrolled in the same degree or certificate program. A student may be allowed to withdraw or may choose not to enroll no more than one (1) semester, only if that student provides sufficient documentation by a physician that the student has a medical condition that requires withdrawal or nonenrollment. For purposes of this subsection, a person is not required to enroll in a summer term to remain continuously enrolled in a degree or certificate program. The person's eligibility to pay tuition and fees at the rate provided for Mississippi residents under this subsection does not terminate because the person is no longer a member of the Armed Forces of the United States or the child or spouse of a member of the Armed Forces of the United States.
SECTION 2. This act shall take effect and be in force from and after its passage.