GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

S                                                                                                                                                    D

SENATE DRS85340-LH-256  (03/16)

Short Title:        Veteran & Dependents/In-State Tuition.		(Public)
Sponsors:	Senator Boseman.
Referred to:

A BILL TO BE ENTITLED

AN ACT to provide that CERTAIN VETERANS and their dependents may qualify for in-state tuition.

The General Assembly of North Carolina enacts:

SECTION 1.  Article 14 of Chapter 116 of the General Statutes is amended by adding a new section to read:

"§ 116-143.3A.  Tuition of veterans and their dependents.

(a) In-State Tuition for Veteran. - A veteran qualifying for admission to an institution of higher education as defined in G.S. 116-143.1(a)(3) but not qualifying as a resident for tuition purposes under G.S. 116-143.1 shall be charged the in-State tuition rate and applicable mandatory fees for enrollments if the veteran satisfies all of the following criteria:

(1) The veteran received an honorable discharge from the armed services as defined in G.S. 116-143.3 and was assigned to North Carolina at the time of the honorable discharge.

(2) The veteran served active duty in this State for a period of at least one year.

(3) The veteran enrolls in the institution of higher education no later than five years from the date of the honorable discharge.

(b) Discontinuation of Eligibility for In-State Tuition. - A veteran's eligibility for in-State tuition under this section shall discontinue if the veteran fails continuously to maintain North Carolina as his or her domicile for a 12-month period from the date of enrollment or if the veteran abandons legal residence in this State.

(c) In-State Tuition for Dependents. - A dependent relative of a veteran is also eligible for in-State tuition under this section if the dependent relative meets all of the following criteria:

(1) The veteran to whom the dependent relative is related satisfies the criteria set out in subdivisions (1) and (2) of subsection (a) of this section and the veteran's eligibility has not been discontinued under subsection (b) of this section.

(2) The dependent relative is abiding in this State while sharing the abode of the veteran.

(3) The dependent relative qualifies for admission to an institution of higher education as defined in G.S. 116-143.1(a)(3).

(4) The dependent relative enrolls in the institution of higher education no later than five years from the date of the veteran's honorable discharge.

(5) The dependent relative complies with the requirements of the Selective Service System, if applicable.

(d) Burden of Proof. - The person applying for the benefit of this section has the burden of proving entitlement to the benefit.

(e) Limitation. - A veteran charged less than the out-of-state tuition rate solely by reason of this section shall not, during the period of receiving that benefit, be the basis of conferring the benefit of in-State tuition under G.S. 116-143.1."

SECTION 2.  This act becomes effective July 1, 2010, and applies to academic semesters beginning on or after that date.