Senate Bill 2451

AN ACT TO AMEND SECTION 37-103-25, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING TO WAIVE OUT-OF-STATE TUITION ON A RECIPROCITY BASIS; TO AUTHORIZE THE BOARD OF TRUSTEES OF ANY COMMUNITY/JUNIOR COLLEGE TO WAIVE OUT-OF-STATE TUITION ON A RECIPROCITY BASIS; 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) Provided, however, that the Board of Trustees of State Institutions of Higher Learning is hereby authorized, in its discretion, to waive out-of-state tuition if public postsecondary institutions in states contiguous to Mississippi waive out-of-state tuition for Mississippi students based upon proximity criteria, and the same criteria may be used by the Board of Trustees of State Institutions of Higher Learning to waive out-of-state tuition for students from the contiguous state. The request for an out-of-state tuition waiver policy must be made by the respective university to the Board of Trustees of State Institutions of Higher Learning for its approval.

(4) Provided, further, that the board of trustees of any community or junior college is hereby authorized, in its discretion, to waive out-of-state tuition if public community colleges in states contiguous to Mississippi waive out-of-state tuition for Mississippi students based upon proximity criteria, and the same criteria may be used by such board of trustees to waive out-of-state tuition for students from the contiguous state. The out-of-state tuition waiver policy shall only be authorized if state funds are available to reimburse the community/junior college for the out-of-state student.

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