House Bill 1028

AN ACT TO AMEND SECTION 37-103-25, MISSISSIPPI CODE OF 1972, TO AUTHORIZE EVERY STATE INSTITUTION OF HIGHER LEARNING AND PUBLIC COMMUNITY/JUNIOR COLLEGE, SUBJECT TO THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING AND THE BOARD OF TRUSTEES OF ANY COMMUNITY/JUNIOR COLLEGE DISTRICT, TO WAIVE OUT-OF-STATE OR OUT-OF-DISTRICT TUITION FOR ANY STUDENT LIVING WITHIN 50 MILES OF A CAMPUS OR BRANCH FACILITY OF THE UNIVERSITY OR DISTRICT; 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:

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 this subsection, the total tuition to be paid by residents of other states shall not be less than the average cost per student from appropriated funds. However, the tuition to be paid by a resident of another state shall be equal to the tuition amount established under subsection (1) of this section if:

(a) The nonresident student was born in the State of Mississippi but subsequently relocated and resided outside the state as a minor under the care of the minor's father or mother, or both;

(b) The nonresident student is a veteran who served in the Armed Forces of the United States;

(c) The nonresident student is domiciled in Mississippi no later than six (6) months after the nonresident student's separation from service, as evidenced by a Report of Separation from Military Service or other military discharge document, for the purpose of enrolling in a state institution of higher learning or a community or junior college; or

(d) The nonresident student is an evacuee of an area affected by Hurricane Katrina or Hurricane Rita. This waiver shall be applicable to the 2005-2006 school year only.

(3) Notwithstanding any other provision of law, every state institution of higher learning and pubic community/junior college, subject to the Board of Trustees of State Institutions of Higher Learning or the board of trustees of any community/junior college district, may, in its discretion, waive out-of-state or out-of-district tuition for any student living within fifty (50) miles of a campus or branch facility of the university or district.

SECTION 2. This act shall take effect and be in force from and after July 1, 2011.