How the instate tuition law would read if HB120 were passed today - Feb 20, 2021 LC 49 0393S

Dalton Rep Kasey (R) Carpenter presenting HB 120 to the House Higher Education Committee. Feb 19, 2021

PROPOSED: OCGA 20-3-66. Determination of in-state resident status of students for tuition or fees

(a) As used in this Code section, the term:

1) “Dependent student” means an individual under the age of 24 who receives financial support from a parent or United States court appointed legal guardian.

2) “Emancipated” means a minor who, under certain circumstances, may be treated by the law as an adult. A student reaching the age of 18 shall not qualify for consideration of reclassification by virtue of having become emancipated unless he or she can demonstrate financial independence and domicile independent of his or her parents.

(3) “Independent student” means an individual who is not claimed as a dependent on the federal or state income tax returns of a parent or United States court appointed legal guardian and whose parent or guardian has ceased to provide support and right to that individual’s care, custody, and earnings.

(1) An independent student who has established and maintained a domicile in the State of Georgia for a period of at least 12 consecutive months immediately preceding the first day of classes for the term shall be classified as in-state for tuition purposes. No student shall gain or acquire in-state classification while attending any postsecondary educational institution in this state without clear evidence of having established domicile in Georgia for purposes other than attending a postsecondary educational institution in this state.

(2) If an independent student classified as in-state for tuition purposes relocates out of state temporarily but returns to the State of Georgia within 12 months of the relocation, such student shall be entitled to retain his or her in-state tuition classification.

(c) (1) A dependent student shall be classified as in-state for tuition purposes if such dependent student’s parent has established and maintained domicile in the State of Georgia for at least 12 consecutive months immediately preceding the first day of classes for the term and:

(A) The student has graduated from a Georgia high school; or

(B) The parent claimed the student as a dependent on the parent’s most recent federal or state income tax return.

(2) A dependent student shall be classified as in-state for tuition purposes if such student’s United States court appointed legal guardian has established and maintained domicile in the State of Georgia for at least 12 consecutive months immediately preceding the first day of classes for the term, provided that such appointment was not made to avoid payment of out-of-state tuition, and such guardian can provide clear evidence of having established and maintained domicile in the State of Georgia for a period of at least 12 consecutive months immediately preceding the first day of classes for the term.

(3) If the parent or United States court appointed legal guardian of a dependent student currently classified as in-state for tuition purposes establishes domicile outside of the State of Georgia after having established and maintained domicile in the State of Georgia, such student may retain his or her in-state tuition classification so long as such student remains continuously enrolled in a public postsecondary educational institution in this state, regardless of the domicile of such student’s parent or United States court appointed legal guardian.

Begin proposed new language:

(d) Except as provided in subsections (b) and (c) of this Code section, a student shall be classified for in-state tuition purposes if he or she satisfies all of the following conditions:

(1) Is not seeking admission to any institution of the University System of Georgia identified by the board of regents as a research university;

(2) Has graduated from a Georgia high school or obtained a valid Georgia general educational development (GED) diploma;

(3) Has independently established and maintained domicile in this state since January 1, 2013, or is the dependent child of a parent who has established and maintained domicile in this state since January 1, 2013;

(4) Has not reached the age of 30 years at the time of initial application for admission to a postsecondary educational institution; and

(5) Is not a nonimmigrant alien within the meaning of 8 U.S.C. Section 1101.

(6) Meets the eligibility criteria set by the United States Department of Homeland Security for deferred action in enforcement of federal immigration laws.

(e) The board of regents is authorized to classify for in-state for tuition purposes a noncitizen student who is lawfully present in this state and who submits evidence to warrant consideration of in-state classification.

(Said title is further amended in Code Section 20-4-21, relating to tuition fees, by adding a new subsection to read as follows:)

“(d)(1) Notwithstanding any other law to the contrary, the State Board of the Technical College System of Georgia is authorized to classify a student for in-state tuition purposes if he or she satisfies all of the following conditions:

(A) Has graduated from a Georgia high school or obtained a valid Georgia general educational development (GED) diploma;

(B) Has independently established and maintained domicile in this state since January 1, 2013, or is the dependent child of a parent who has established and maintained domicile in this state since January 1, 2013;

(C) Has not reached the age of 30 years at the time of initial application for admission to a postsecondary educational institution; and

(D) Is not a nonimmigrant alien within the meaning of 8 U.S.C. Section 1101.

(2) The State Board of the Technical College System of Georgia is authorized to classify for in-state for tuition purposes a noncitizen student who is lawfully present in this state and who submits evidence to warrant consideration of in-state classification.

(3) Nothing in this Code section shall be construed to require in-state tuition classification for individuals not lawfully present in Georgia.”

—>UPDATE: The liberal AJC prints a lengthy correction after demand letter from the Dustin Inman Society. More news on this coming soon.

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Daily Signal News report (‘DEFAMATORY’: Conservative Demands Swing-State Newspaper Retract ‘Hate Group’ Smear’)
on the recent AJC attack here by the great Tyler O’Neil.

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I added educational hyperlinks to the below letter – dak.

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October 18, 2024

VIA U.S. REGULAR MAIL & E-MAIL

Leroy Chapman, Jr., Editor in Chief THE ATLANTA JOURNAL-CONSTITUTION 223 Perimeter Center Pkwy NE Atlanta, Georgia 30346

Re: Demand for Retraction and Apology

Dear Mr. Chapman, Jr.:

I write on behalf of my client, the Dustin Inman Society (DIS), to demand an immediate retraction and apology for the defamatory statements published in your October 7, 2024, article titled “Democrats in this Georgia district are backing a write-in candidate” by Tia Mitchell.

Through use of internet links, the AJC article wrongfully characterizes the Dustin Inman Society as a “Marietta-based anti-immigration hate group.” This characterization is false, defamatory, and published with actual malice. The Dustin Inman Society pushes for secure borders, is not “anti-immigration” and its proprietors do not hate anyone. Rather, DIS advocates for enforcement of U.S. immigration laws and actively opposes unlawful immigration. This distinction is crucial and well-known to staff at your publication.

I paste the offending paragraph from the AJC story:

“A search of activity under her birth name, Karen Sacandy, which Stamper legally changed in 2019, showed that she previously was aligned with a Marietta-based anti-immigration hate group. The group’s website often linked to Sacandy’s activities, like a letter seeking information about the state’s Immigration Enforcement Review Board and a copy of a letter to the editor supporting legislation to prevent immigrants claiming asylum from obtaining driver’s licenses.”

HEMMER WESSELS MCMURTRY PLLC
250 Grandview Drive, Suite 500, Ft. Mitchell, KY 41017 ● Phone 859.344.1188 ● Fax 859.578.3869

October 18, 2024 Page 2

We note the AJC informs readers that the Dustin Inman Society “often” linked to Karen Sacandy/Kate Stamper activities — but produces only two occasions.

Your story, for which DIS founder and president D.A. King was not contacted, informs readers that Sacandy/Stamper “was aligned” with the Dustin Inman Society. We note that polls show that a majority of Americans oppose the federal offense of illegal immigration. Since the letter posted on the DIS site was a published missive to the editor at the Cherokee Tribune, we must ask: does this make that newspaper a “Cherokee County-based anti-immigration hate group”?

Your characterization demonstrates a reckless and vindictive disregard for the truth, rising to the level of actual malice as defined in New York Times Co. v. Sullivan. Actual malice in defamation law refers to publication of a statement with knowledge that it is false or with reckless disregard of whether it is false or not. Your repeated mischaracterization of the Dustin Inman Society, despite having been corrected on numerous occasions, clearly meets this standard.

The Dustin Inman Society’s position on immigration is clear and public:

1. It supports sustainable levels of legal immigration through established channels.

2. It opposes unlawful immigration due to various societal concerns, including: – Strain on public resources and services
– Potential and real public safety issues
– Economic impacts on low-wage American workers and America’s poor

– Challenges to the rule of law

3. The Dustin Inman Society defends legal immigrants when media attempt to blur the difference between them and illegal aliens.

Moreover, the Dustin Inman Society’s board includes lawful immigrants who have navigated the proper channels for authorized immigration. This fact alone should dispel any notion that the organization is “anti-immigration.” As he has informed you multiple times over much of the last two decades, D.A. King’s sister is a real, legal immigrant.

While we acknowledge that the Southern Poverty Law Center has designated the Dustin Inman Society as an “anti-immigrant hate group that denigrates all immigrants,” your article presents the “anti-immigration hate group” characterization as the Atlanta Journal Constitution’s independent assessment and statement of fact.

This smear is not only demonstrably false and ignores Mr. King’s many communications to you advising you of the truth, but also demonstrates an exceedingly unprofessional failure to fact-check and verify information before publication.

We demand that the Atlanta Journal Constitution:

October 18, 2024 Page 3

1. Immediately publicly retract the defaming statement in the October 7, 2024, article.

2. Publish a prominent apology, equal in visibility and placement to the original defamatory article.

3. Cease and desist from further defamatory characterizations of the Dustin Inman Society.

Failure to comply with these demands may result in further legal action. We expect your prompt attention to this matter and await your timely response.

Sincerely,

Todd V. McMurtry

cc: James Abely, Esq.