A BILL TO BE ENTITLED
AN ACT to provide that an active duty member of the armed services who attends a constituent institution or a community college shall be charged only the maximum available tuition assistance as defined by the United States Department of defense.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 116‑143.3 reads as rewritten:
"§ 116‑143.3.  Tuition of active duty personnel in the armed services.
(a)	Definitions. – For purposes of this section:
(1)	The term "armed services" shall mean the United States Air Force, Army, Coast Guard, Marine Corps, and Navy; the North Carolina National Guard; and any Reserve Component of the foregoing.
(2)	The term "abode" shall mean the place where a person actually lives, whether temporarily or permanently; the term "abide" shall mean to live in a given place.
(3)	The term "tuition assistance" shall be used as defined in the United States Department of Defense Directive 1322.8, implementing 10 U.S.C. § 2007. 
(b)	Any active duty member of the armed services 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 maximum available tuition assistance as the required payment for tuition and mandatory fees not to exceed the established out-of-state tuition and mandatory fee rates. The Board of Governors of The University of North Carolina shall determine which mandatory fees apply to active duty members of the armed services attending The University of North Carolina, and the State Board of Community Colleges shall determine which mandatory fees apply to active duty members of the armed services attending a community college.
(b1)	 Any active duty member of the armed services who does not qualify for any payment by the member's employer pursuant to paragraph (b) of this section shall be eligible to be charged the in‑State tuition rate and shall pay the full amount of the in‑State tuition rate and applicable mandatory fees.
(c)	Any dependent relative of a member of the armed services who is abiding in this State incident to active military duty, as defined by the Board of Governors of The University of North Carolina and by the State Board of Community Colleges while sharing the abode of that member 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 relatives shall comply with the requirements of the Selective Service System, if applicable, in order to be accorded this benefit. In the event the member of the armed services removes his 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.
(d)	The burden of proving entitlement to the benefit of this section shall lie with the applicant therefor.
(e)	A person charged less than the out-of-state tuition rate solely by reason of this section shall not, during the period of receiving that benefit, qualify for or be the basis of conferring the benefit of G.S. 116‑143.1(g), (h), (i), (j), (k), or (1)."
SECTION 2.  This act becomes effective July 1, 2003.