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.”