SENATE DOCKET, NO. 1227        FILED ON: 1/17/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 739

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Harriette L. Chandler

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to ensure tuition equity for Massachusetts residents.

_______________

PETITION OF:

 

Name:

District/Address:

 

Harriette L. Chandler

First Worcester

 

Michael J. Moran

18th Suffolk

 

William N. Brownsberger

Second Suffolk and Middlesex

1/25/2019

Marjorie C. Decker

25th Middlesex

1/30/2019

Jennifer E. Benson

37th Middlesex

1/30/2019

Adam G. Hinds

Berkshire, Hampshire, Franklin and Hampden

1/30/2019

Brendan P. Crighton

Third Essex

1/31/2019

Denise Provost

27th Middlesex

2/1/2019

Rebecca L. Rausch

Norfolk, Bristol and Middlesex

2/1/2019

Jack Patrick Lewis

7th Middlesex

2/1/2019

Sal N. DiDomenico

Middlesex and Suffolk

2/4/2019

James B. Eldridge

Middlesex and Worcester

2/8/2019

Lindsay N. Sabadosa

1st Hampshire

3/20/2019


SENATE DOCKET, NO. 1227        FILED ON: 1/17/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 739

By Ms. Chandler, a petition (accompanied by bill, Senate, No. 739) of Harriette L. Chandler, Michael J. Moran, William N. Brownsberger, Marjorie C. Decker and other members of the General Court for legislation to ensure tuition equity for Massachusetts residents.  Higher Education.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 668 OF 2017-2018.]

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

_______________

 

An Act to ensure tuition equity for Massachusetts residents.

 

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to ensure certain students continue to receive in state tuition, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public peace.
 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 15A of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after section 9B the following section:—

Section 9C(a) Notwithstanding any general or special law to the contrary, for the purpose of determining eligibility for in-state tuition rates and fees at state institutions of higher education in Massachusetts, any person admitted to such state institutions of higher education, other than a nonimmigrant alien within the meaning of paragraph 15 of subsection (a)(A) through (S) of 8 U.S.C., section 1101 of the federal act, who has attended a high school in the commonwealth for 3 or more years and has graduated from a high school in the commonwealth or attained the equivalent thereof from an adult basic education program in the commonwealth, or is currently a student in a Massachusetts public higher education institution qualifying for in-state tuition under federal regulations, shall be eligible to pay in-state tuition rates and fees, at any state institution of higher education in the commonwealth. (b) Proof required of any such person demonstrating in-state tuition eligibility as determined by the Department of Higher Education may include, but not limited to,: (A) if eligible for the military selective service under the federal Military Selective Service Act, as amended by 50 U.S.C., App. 453, section 3, register for such; (B) provide the state institution of higher education in the commonwealth in which enrollment is sought with documentation of registration with the selective service, if applicable; (C) supply the state institution of higher education in which enrollment is sought with a valid social security number or a document reflecting issuance of an individual taxpayer identification number (ITIN) in lieu of a social security number; (D) file, in every year of enrollment, a Massachusetts income tax return pursuant to chapter 62 of the general laws; and (E) file at the time of enrollment, if that person is not a citizen of the United States or a legal permanent resident of the United States, an affidavit signed under the pains and penalties of perjury stating that the person has applied for citizenship or legal permanent residence or will apply for citizenship or legal permanent residence in accordance with federal statute and federal regulations within 120 days of eligibility for such status.  (c) No person qualified for in-state tuition rates and fees under this chapter shall be denied in-state tuition and fees as a result of the granting of eligibility under this paragraph. (d) The Legislature finds that this is a state law within the meaning of 8 U.S.C. 1621(d). Provided further that the Department of Higher Education in collaboration with the public institutions of higher education shall promulgate regulations to facilitate the in-state tuition eligibility process. 

This act shall take effect upon passage.