House Bill 1131

AN ACT TO PROHIBIT TUITION FROM INCREASING AT STATE INSTITUTIONS OF HIGHER LEARNING FOR THE 2013-2014 ACADEMIC YEAR THROUGH THE 2016-2017 ACADEMIC YEAR; TO AMEND SECTION 37-103-25, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) The total amount of tuition charged by a state institution of higher learning to a student for the 2013-2014, 2014-2015, 2015-2016 or 2016-2017 academic years may not exceed the total amount of tuition that the institution would have charged to a similarly situated student for the 2012-2013 academic year.

(2) For purposes of this section, students are similarly situated if they share the same residency status, degree program, course load, course level, tuition exemption status and other circumstances affecting the tuition charged to the student.

(3) This section does not ensure that the total amount of tuition charged to an individual student does not increase based on a change in the student's residency status, degree program, course load, course level, tuition exemption status or other circumstance affecting the tuition charged to the student.

(4) This section shall apply to the tuition to be paid by residents of other states only if the requirements of Section 37-103-25(2) are also met.

(5) The Board of Trustees of State Institutions of Higher Learning may adopt rules as necessary to administer this section.

(6) This section shall stand repealed from and after August 31, 2017.

SECTION 2. Section 37-103-25, Mississippi Code of 1972, is amended as follows:

37-103-25. (1) (a) 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.

(b) The Board of Trustees of State Institutions of Higher Learning must comply with the requirements of Section 1 of this section in prescribing tuition. This paragraph shall stand repealed from and after August 31, 2017.

(2) Except as otherwise provided in this subsection and subsection (3) of this section, 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;

(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; or

(e) The nonresident student's out-of-state tuition was waived according to subsection (3) of this section.

(3) The Board of Trustees of State Institutions of Higher Learning may, in its discretion, consider and grant requests to approve institution specific policies permitting the waiver of out-of-state tuition when such an official request is made by the president or chancellor of the institution and when such request is determined by the board to be fiscally responsible and in accordance with the educational mission of the requesting institution.

SECTION 3. This act shall take effect and be in force from and after its passage.