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.
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