Virginia HB 526: Victims of human trafficking; eligibility for in-state tuition.

Bill Text

VIRGINIAACTSOFASSEMBLY--2022RECONVENEDSESSION
CHAPTER795
An Act to amend and reenact § 23.1-506 of the Code of Virginia, as it is currently effective and as it
shall become effective, relating to victims of human trafficking; eligibility for in-state tuition.
[H526]
ApprovedMay27,2022
Be it enacted by the General Assembly of Virginia:
1. That § 23.1-506 of the Code of Virginia, as it is currently effective and as it shall become
effective, is amended and reenacted as follows:
§ 23.1-506. (Effective until August 1, 2022) Eligibility for in-state tuition; exception; certain
out-of-state and high school students.
A. Notwithstanding § 23.1-502 or any other provision of law to the contrary, the following students
are eligible for in-state tuition charges regardless of domicile:
1. Any non-Virginia student who resides outside the Commonwealth and has been employed full
time in the Commonwealth for at least one year immediately prior to the date of the alleged entitlement
if such student has paid Virginia income taxes on all taxable income earned in the Commonwealth for
the tax year prior to the date of the alleged entitlement. Such student shall continue to be eligible for
in-state tuition charges for so long as the student is employed full time in the Commonwealth and the
student pays Virginia income taxes on all taxable income earned in the Commonwealth.
2. Any non-Virginia student who resides outside the Commonwealth and is claimed as a dependent
for federal and Virginia income tax purposes if the nonresident parent claiming the student as a
dependent has been employed full time in the Commonwealth for at least one year immediately prior to
the date of the alleged entitlement and paid Virginia income taxes on all taxable income earned in the
Commonwealth for the tax year prior to the date of the alleged entitlement. Such student shall continue
to be eligible for in-state tuition charges for so long as his qualifying parent is employed full time in the
Commonwealth, pays Virginia income taxes on all taxable income earned in the Commonwealth, and
claims the student as a dependent for Virginia and federal income tax purposes.
3. Any active duty member, activated guard or reserve member, or guard or reserve member
mobilized or on temporary active orders for 180 days or more who resides in the Commonwealth.
4. Any veteran who resides in the Commonwealth.
5. Any surviving spouse who resides in the Commonwealth.
6. Following completion of active duty service, any non-Virginia student who established domicile
before being called to active duty in the National Guard of another state if during such active duty he
maintained at least one of the following in the Commonwealth: a driver's license, motor vehicle
registration, voter registration, employment, property ownership, or sources of financial support.
7. Any member of the foreign service office who resided in the Commonwealth for at least 90 days
immediately prior to receiving a foreign service assignment and who continues to be assigned overseas,
and any dependents of such member.
8. Any child of an active duty member or veteran who claims Virginia as his home state and filed
Virginia tax returns for at least 10 years during active duty service.
9. Any individual who (i) was admitted to the United States as a refugee under 8 U.S.C. § 1157
within the previous two calendar years or (ii) received a Special Immigrant Visa that has been granted a
status under P.L. 110-181 § 1244, P.L. 109-163 § 1059, or P.L. 11-8 § 602 within the previous two
calendar years and, upon entering the United States, resided in the Commonwealth and continues to
reside in the Commonwealth as a refugee or pursuant to such Special Immigrant Visa.
10. Any student who (i) attended high school for at least two years in the Commonwealth and either
(a) graduated on or after July 1, 2008, from a public or private high school or program of home
instruction in the Commonwealth or (b) passed on or after July 1, 2008, a high school equivalency
examination approved by the Secretary of Education; (ii) has submitted evidence that he or, in the case
of a dependent student, at least one parent, guardian, or person standing in loco parentis has filed, unless
exempted by state law, Virginia income tax returns for at least two years prior to the date of registration
or enrollment; and (iii) registers as an entering student or is enrolled in a public institution of higher
education in the Commonwealth. Students who meet these criteria shall be eligible for in-state tuition
regardless of their citizenship or immigration status, except that students with currently valid visas issued
under 8 U.S.C. § 1101(a)(15)(F), 1101(a)(15)(H)(iii), 1101(a)(15)(J)(including only students or trainees),
or 1101(a)(15)(M) are not eligible. Information obtained in the implementation of this subdivision shall
only be used or disclosed to individuals other than the student for purposes of determining in-state
tuition eligibility.
11. An