AMENDMENT(S) REJECTED BY THE SENATE

SEN. O’BRIEN

1. Line 49, substitute, after D.

strike

remainder of line 49 and all of lines 50 through 56

insert

In establishing the rules and regulations pursuant to subdivision A 1, the governing body of a public institution of higher education shall ensure, consistent with federal law (8 U.S.C. § 1623), that an alien who is unlawfully present in the United States, and therefore ineligible to establish domicile pursuant to § 23-7.4, shall not be eligible on the basis of residency within Virginia for any postsecondary educational benefit, including in-state tuition, unless citizens or nationals of the United States, particularly those citizens or nationals of the United States on active duty with the armed forces and the dependents of such citizens or nationals, are eligible for such benefits in no less an amount, duration, and scope, without regard to whether such citizens or nationals are Virginia residents.