Mississippi HB 230: In-state tuition; provide that 12 months of residency in MS shall constitute eligibility for.

Bill Text

H. B. No. 230 *HR26/R313* ~ OFFICIAL ~ G1/2
23/HR26/R313
PAGE 1 (DJ\KW)

To: Universities and
Colleges
MISSISSIPPI LEGISLATURE REGULAR SESSION 2023

By: Representative Creekmore IV

HOUSE BILL NO. 230

AN ACT TO AMEND SECTION 37-103-7, MISSISSIPPI CODE OF 1972, 1
TO PROVIDE THE RESIDENCY REQUIREMENT FOR IN-STATE TUITION RATES 2
FOR THE PURPOSE OF ATTENDING A STATE-SUPPORTED INSTITUTION OF 3
HIGHER LEARNING OR COMMUNITY OR JUNIOR COLLEGE SHALL BE A MINIMUM 4
PERIOD OF TWELVE MONTHS; TO AMEND SECTION 37-103-25, MISSISSIPPI 5
CODE OF 1972, TO PROVIDE THAT ANY STUDENT WHO HAS RESIDED IN THE 6
STATE OF MISSISSIPPI FOR A CONTINUOUS PERIOD OF TWELVE MONTHS, OR 7
WHO HAS RECEIVED A HIGH SCHOOL DIPLOMA FROM A PUBLIC OR PRIVATE 8
SECONDARY SCHOOL IN THE STATE UPON EVIDENCING THAT HE OR SHE 9
COMPLETED THE FINAL SCHOLASTIC YEAR ENROLLED THEREIN IN THE YEAR 10
IMMEDIATELY PRECEDING HIS OR HER ENROLLMENT IN A STATE INSTITUTION 11
OF HIGHER LEARNING OR COMMUNITY OR JUNIOR COLLEGE SHALL BE 12
CONSIDERED A RESIDENT FOR PURPOSES OF IN-STATE TUITION; AND FOR 13
RELATED PURPOSES. 14
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 15
SECTION 1. Section 37-103-7, Mississippi Code of 1972, is 16
amended as follows: 17
37-103-7. (1) (a) For purposes of determining whether a 18
person pays out-of-state or in-state tuition for attendance at 19
universities and community and junior colleges, the residence of a 20
person less than twenty-one (21) years of age is: 21
(i) That of the father, the mother or a general 22
guardian duly appointed by a proper court in Mississippi * * *, 23

H. B. No. 230 *HR26/R313* ~ OFFICIAL ~
23/HR26/R313
PAGE 2 (DJ\KW)

provided that such parent or guardian has resided in the State of 24
Mississippi for a minimum period of twelve (12) months; 25
(ii) If a court has granted custody of the minor 26
to one (1) parent, the residence of the minor is that of the 27
parent who was granted custody by the court * * *, provided that 28
the custodial parent has resided in the State of Mississippi for a 29
minimum period of twelve (12) months; or 30
(iii) If both parents are dead, the residence of 31
the minor is that of the last surviving parent at the time of that 32
parent's death, provided that the last surviving parent resided in 33
the State of Mississippi for a minimum period of twelve (12) 34
months before his or her death, unless the minor lives with a 35
general guardian duly appointed by a proper court of Mississippi, 36
in which case his residence becomes that of the guardian, provided 37
that such guardian has resided in the State of Mississippi for a 38
minimum period of twelve (12) months. 39
(b) For purposes of determining whether a person who 40
has reached twenty-one (21) years of age pays out-of-state or 41
in-state tuition for attendance at universities and community and 42
junior colleges, such person must establish and present evidence 43
of proof of residency in the State of Mississippi for a minimum 44
period of twelve (12) months before registering for enrollment at 45
any of the several state-supported institutions of higher learning 46
or community or junior colleges. 47

H. B. No. 230 *HR26/R313* ~ OFFICIAL ~
23/HR26/R313
PAGE 3 (DJ\KW)

(2) A student residing within the State of Mississippi who, 48
upon registration at a Mississippi institution of higher learning 49
or community college, presents a transcript demonstrating 50
graduation from a Mississippi secondary school and who has been a 51
secondary school student in Mississippi for not less than the 52
final * * * year of secondary school attendance shall not be 53
required to pay out-of-state tuition. This section shall not 54
apply to the residence of a person as it relates to residency for 55
voter registration or voting. 56
SECTION 2. Section 37-103-25, Mississippi Code of 1972, is 57
amended as follows: 58
37-103-25. (1) The Board of Trustees of State Institutions 59
of Higher Learning and the boards of trustees of the community 60
* * * and junior colleges are authorized to prescribe the amount 61
of tuition and fees to be paid by students attending the several 62
state-supported institutions of higher learning and 63
community * * * and junior colleges of the State of Mississippi. 64
(2) Except as otherwise provided in this subsection and 65
subsections (3) * * *, (4) and (5) of this section, the total 66
tuition to be paid by residents of other states shall not be less 67
than the average cost per student from appropriated funds. 68
However, the tuition to be paid by a resident of another state 69
shall be equal to the tuition amount established under subsection 70
(1) of this section if: 71

H. B. No. 230 *HR26/R313* ~ OFFICIAL ~
23/HR26/R313
PAGE 4 (DJ\KW)

(a) The nonresident student is either a veteran, as 72
defined by Title 38 of the United States Code, or a person 73
entitled to education benefits under Title 38 of the United States 74
Code. Nonresident students enrolled in a professional school or 75
co