§ 116‑143.3. Tuition ofarmed services personnel and their dependents.
(a) Definitions. Thefollowing definitions apply in this section:
(1) The term"abode" shall mean the place where a person actually lives, whethertemporarily or permanently; the term "abide" shall mean to live in agiven place.
(2) The term "armedservices" shall mean the United States Air Force, Army, Coast Guard,Marine Corps, and Navy; the North Carolina National Guard; and any ReserveComponent of the foregoing.
(3) Repealed by SessionLaws 2007‑484, s. 15, effective August 30, 2007.
(b) Any active dutymember of the armed services qualifying for admission to an institution ofhigher education as defined in G.S. 116‑143.1(a)(3) but not qualifying asa resident for tuition purposes under G.S. 116‑143.1 shall be charged thein‑State tuition rate and applicable mandatory fees for enrollments whilethe member of the armed services is abiding in this State incident to activemilitary duty in this State. In the event the active duty member of the armedservices is reassigned outside of North Carolina or retires, the member shallcontinue to be eligible for the in‑State tuition rate and applicablemandatory fees so long as the member is continuously enrolled in the degree orother program in which the member was enrolled at the time the member isreassigned. In the event the active duty member of the armed services receivesan Honorable Discharge from military service, the member shall continue to beeligible for the in‑State tuition rate and applicable mandatory fees solong as the member establishes residency in North Carolina within 30 days afterthe discharge and is continuously enrolled in the degree or other program inwhich the member was enrolled at the time the member is discharged.
(b1), (b2) Repealed bySession Laws 2004‑130, s. 1, effective August 1, 2004.
(c) Any dependentrelative of a member of the armed services who is abiding in this Stateincident to active military duty, as defined by the Board of Governors of TheUniversity of North Carolina and by the State Board of Community Colleges whilesharing the abode of that member shall be eligible to be charged the in‑Statetuition rate, if the dependent relative qualifies for admission to aninstitution of higher education as defined in G.S. 116‑143.1(a)(3). Thedependent relatives shall comply with the requirements of the Selective ServiceSystem, if applicable, in order to be accorded this benefit. In the event themember of the armed services is reassigned outside of North Carolina orretires, the dependent relative shall continue to be eligible for the in‑Statetuition rate and applicable mandatory fees so long as the dependent relative iscontinuously enrolled in the degree or other program in which the dependentrelative was enrolled at the time the member is reassigned or retires. In theevent the member of the armed services receives an Honorable Discharge frommilitary service, the dependent relative shall continue to be eligible for thein‑State tuition rate and applicable mandatory fees so long as thedependent relative establishes residency within North Carolina within 30 daysafter the discharge and is continuously enrolled in the degree or other programin which the dependent relative was enrolled at the time the member isdischarged.
(d) The person applyingfor the benefit of this section has the burden of proving entitlement to thebenefit.
(e) A person chargedless than the out‑of‑state tuition rate solely by reason of thissection shall not, during the period of receiving that benefit, qualify for orbe the basis of conferring the benefit of G.S. 116‑143.1(g), (h), (i),(j), (k), or (l). (1983(Reg. Sess., 1984), c. 1034, s. 57; 1985, c. 39, s. 1; c. 479, s. 69; c. 757,s. 154; 1987, c. 564, § 7; 1997‑443, s. 10.2; 2003‑284, s. 8.16(a);2004‑130, s. 1; 2005‑276, s. 9.38; 2005‑345, s. 14; 2005‑445,s. 7; 2007‑484, s. 15.)
§ 116‑143.3. Tuition ofarmed services personnel and their dependents.
(a) Definitions. Thefollowing definitions apply in this section:
(1) The term"abode" shall mean the place where a person actually lives, whethertemporarily or permanently; the term "abide" shall mean to live in agiven place.
(2) The term "armedservices" shall mean the United States Air Force, Army, Coast Guard,Marine Corps, and Navy; the North Carolina National Guard; and any ReserveComponent of the foregoing.
(3) Repealed by SessionLaws 2007‑484, s. 15, effective August 30, 2007.
(b) Any active dutymember of the armed services qualifying for admission to an institution ofhigher education as defined in G.S. 116‑143.1(a)(3) but not qualifying asa resident for tuition purposes under G.S. 116‑143.1 shall be charged thein‑State tuition rate and applicable mandatory fees for enrollments whilethe member of the armed services is abiding in this State incident to activemilitary duty in this State. In the event the active duty member of the armedservices is reassigned outside of North Carolina or retires, the member shallcontinue to be eligible for the in‑State tuition rate and applicablemandatory fees so long as the member is continuously enrolled in the degree orother program in which the member was enrolled at the time the member isreassigned. In the event the active duty member of the armed services receivesan Honorable Discharge from military service, the member shall continue to beeligible for the in‑State tuition rate and applicable mandatory fees solong as the member establishes residency in North Carolina within 30 days afterthe discharge and is continuously enrolled in the degree or other program inwhich the member was enrolled at the time the member is discharged.
(b1), (b2) Repealed bySession Laws 2004‑130, s. 1, effective August 1, 2004.
(c) Any dependentrelative of a member of the armed services who is abiding in this Stateincident to active military duty, as defined by the Board of Governors of TheUniversity of North Carolina and by the State Board of Community Colleges whilesharing the abode of that member shall be eligible to be charged the in‑Statetuition rate, if the dependent relative qualifies for admission to aninstitution of higher education as defined in G.S. 116‑143.1(a)(3). Thedependent relatives shall comply with the requirements of the Selective ServiceSystem, if applicable, in order to be accorded this benefit. In the event themember of the armed services is reassigned outside of North Carolina orretires, the dependent relative shall continue to be eligible for the in‑Statetuition rate and applicable mandatory fees so long as the dependent relative iscontinuously enrolled in the degree or other program in which the dependentrelative was enrolled at the time the member is reassigned or retires. In theevent the member of the armed services receives an Honorable Discharge frommilitary service, the dependent relative shall continue to be eligible for thein‑State tuition rate and applicable mandatory fees so long as thedependent relative establishes residency within North Carolina within 30 daysafter the discharge and is continuously enrolled in the degree or other programin which the dependent relative was enrolled at the time the member isdischarged.
(d) The person applyingfor the benefit of this section has the burden of proving entitlement to thebenefit.
(e) A person chargedless than the out‑of‑state tuition rate solely by reason of thissection shall not, during the period of receiving that benefit, qualify for orbe the basis of conferring the benefit of G.S. 116‑143.1(g), (h), (i),(j), (k), or (l). (1983(Reg. Sess., 1984), c. 1034, s. 57; 1985, c. 39, s. 1; c. 479, s. 69; c. 757,s. 154; 1987, c. 564, § 7; 1997‑443, s. 10.2; 2003‑284, s. 8.16(a);2004‑130, s. 1; 2005‑276, s. 9.38; 2005‑345, s. 14; 2005‑445,s. 7; 2007‑484, s. 15.)
§ 116‑143.3. Tuition ofarmed services personnel and their dependents.
(a) Definitions. Thefollowing definitions apply in this section:
(1) The term"abode" shall mean the place where a person actually lives, whethertemporarily or permanently; the term "abide" shall mean to live in agiven place.
(2) The term "armedservices" shall mean the United States Air Force, Army, Coast Guard,Marine Corps, and Navy; the North Carolina National Guard; and any ReserveComponent of the foregoing.
(3) Repealed by SessionLaws 2007‑484, s. 15, effective August 30, 2007.
(b) Any active dutymember of the armed services qualifying for admission to an institution ofhigher education as defined in G.S. 116‑143.1(a)(3) but not qualifying asa resident for tuition purposes under G.S. 116‑143.1 shall be charged thein‑State tuition rate and applicable mandatory fees for enrollments whilethe member of the armed services is abiding in this State incident to activemilitary duty in this State. In the event the active duty member of the armedservices is reassigned outside of North Carolina or retires, the member shallcontinue to be eligible for the in‑State tuition rate and applicablemandatory fees so long as the member is continuously enrolled in the degree orother program in which the member was enrolled at the time the member isreassigned. In the event the active duty member of the armed services receivesan Honorable Discharge from military service, the member shall continue to beeligible for the in‑State tuition rate and applicable mandatory fees solong as the member establishes residency in North Carolina within 30 days afterthe discharge and is continuously enrolled in the degree or other program inwhich the member was enrolled at the time the member is discharged.
(b1), (b2) Repealed bySession Laws 2004‑130, s. 1, effective August 1, 2004.
(c) Any dependentrelative of a member of the armed services who is abiding in this Stateincident to active military duty, as defined by the Board of Governors of TheUniversity of North Carolina and by the State Board of Community Colleges whilesharing the abode of that member shall be eligible to be charged the in‑Statetuition rate, if the dependent relative qualifies for admission to aninstitution of higher education as defined in G.S. 116‑143.1(a)(3). Thedependent relatives shall comply with the requirements of the Selective ServiceSystem, if applicable, in order to be accorded this benefit. In the event themember of the armed services is reassigned outside of North Carolina orretires, the dependent relative shall continue to be eligible for the in‑Statetuition rate and applicable mandatory fees so long as the dependent relative iscontinuously enrolled in the degree or other program in which the dependentrelative was enrolled at the time the member is reassigned or retires. In theevent the member of the armed services receives an Honorable Discharge frommilitary service, the dependent relative shall continue to be eligible for thein‑State tuition rate and applicable mandatory fees so long as thedependent relative establishes residency within North Carolina within 30 daysafter the discharge and is continuously enrolled in the degree or other programin which the dependent relative was enrolled at the time the member isdischarged.
(d) The person applyingfor the benefit of this section has the burden of proving entitlement to thebenefit.
(e) A person chargedless than the out‑of‑state tuition rate solely by reason of thissection shall not, during the period of receiving that benefit, qualify for orbe the basis of conferring the benefit of G.S. 116‑143.1(g), (h), (i),(j), (k), or (l). (1983(Reg. Sess., 1984), c. 1034, s. 57; 1985, c. 39, s. 1; c. 479, s. 69; c. 757,s. 154; 1987, c. 564, § 7; 1997‑443, s. 10.2; 2003‑284, s. 8.16(a);2004‑130, s. 1; 2005‑276, s. 9.38; 2005‑345, s. 14; 2005‑445,s. 7; 2007‑484, s. 15.)
