GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	2 

HOUSE BILL 1816*
Committee Substitute Favorable 6/27/94

Short Title:  Civ./Mil. Base In-State Tuition.	(Public)
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Sponsors:
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Referred to:  
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May 30, 1994

A BILL TO BE ENTITLED
AN ACT TO GRANT THE DEPENDENT RELATIVES OF CERTAIN CIVILIAN EMPLOYEES OF THE MILITARY INVOLUNTARILY TRANSFERRED TO THIS STATE IN-STATE TUITION AT CONSTITUENT INSTITUTIONS OF THE UNIVERSITY OF NORTH CAROLINA AND AT CAMPUSES OF THE NORTH CAROLINA COMMUNITY COLLEGE SYSTEM, TO WAIVE THE TWELVE-MONTH DURATIONAL REQUIREMENT FOR RESIDENT TUITION STATUS FOR THE CHILDREN OF EMPLOYEES DOMICILED IN THE STATE WHO ARE ENTITLED TO BENEFITS UNDER THE TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM, AND TO WAIVE THE TWELVE-MONTH DURATIONAL REQUIREMENT FOR RESIDENT TUITION STATUS FOR TEACHERS ENROLLED IN COURSES TO COMPLETE CERTIFICATION REQUIREMENTS OF THE STATE BOARD OF EDUCATION.
Whereas, the approximately 1,200 civilian employees of the armed services who were employed at the Naval Aviation Depot at Pensacola but who will be transferred when that base closes to the Naval Aviation Base at Cherry Point or lose their jobs; and
Whereas, many of these employees will come to this State rather than lose their jobs with children ready to attend institutions of higher education, for whom the year to establish residency for tuition purposes would impose a real hardship, in addition to all the other hardships inherent in a transfer that is really an involuntary one; and
Whereas, the State has not been asked to make any concessions or provide any incentives for the Cherry Point expansion, and it is only equitable that the civilian employees who will be coming to this State, and any others who may come in like circumstances and who will make this expansion possible, be treated fairly by the State by its providing an accommodation for the employees and their children in the State's institutions of higher education; Now, therefore,
The General Assembly of North Carolina enacts:
Section 1.  The catch line of G.S. 116-143.3 reads as rewritten:
"§ 116-143.3.  Tuition of personnel in the armed services; tuition of dependent relatives of certain civilian personnel serving the armed services."
Sec. 2.  G.S. 116-143.3 is amended by adding a new subsection to read:
"( c1)	Any dependent relative of any civilian employee employed by the Department of Defense who transfers to a military base in this State rather than lose employment due to the closing of military bases around the country shall be eligible to be charged the in-State tuition rate, if the dependent relative qualifies for admission to an institution of higher education as defined in G.S. 116-143.1(a)(3).  The dependent relative shall comply with the requirements of the Selective Service System, if applicable, in order to be accorded this benefit. In the event the employee removes the abode from North Carolina during an academic year, the dependent relative shall continue to be eligible for the in-State tuition rate during the remainder of that academic year."
Sec. 3.  G.S. 116-143.1 is amended by adding a new subsection to read:
"( m)	Notwithstanding any other provision of this section, determination of status as a resident for tuition purposes under this section shall be made without applying the 12-month durational requirement to any dependent individual whose parent or legal guardian:
(1)	While domiciled inside or outside the State, was selected for employment rendering the parent or legal guardian eligible for enrollment in the Teachers' and State Employees' Retirement System; and
(2)	Is domiciled in this State and remains employed in service rendering the parent or legal guardian eligible for enrollment in the Teachers' and State Employees' Retirement System.
For purposes of this subsection, the term 'dependent' has the same meaning as in 26 U.S.C. 152. For purposes of this subsection, 'legal guardian' means a guardian of the person or a general guardian as those terms are defined in G.S. 35A-1202.
The exemption from the durational requirement granted under this subsection ceases at the end of any term in which the conditions described in subdivisions (1)	and (2) of this subsection are no longer met. Subsection (i) of this section is inapplicable to individuals granted resident tuition status under this subsection.
(n)	Notwithstanding any other provision of this section, determination of status as a resident for tuition purposes under this section shall be made without applying the 12-month durational requirement to any noncertificated teacher employed by a local school administrative unit and enrolled in courses to complete certification requirements of the State Board of Education. For purposes of this subsection 'noncertificated' shall mean provisionally certified to teach for the first time in a local school administrative unit and not possessing any other level of certificate."
Sec. 4.  (a)	There is appropriated from the General Fund to the Board of Governors of The University of North Carolina the sum of three hundred thousand dollars ($300,000) for the 1994-95 fiscal year to implement this act.
(b)	There is appropriated from the General Fund to the Department of Community Colleges the sum of seventy-three thousand dollars ($73,000) for the 1994-95 fiscal year to implement this act.
Sec. 5.  This act becomes effective July 1, 1994, and applies to applications for enrollment made on or after this date.