173.1153.  In-state tuition — Missouri National Guard members and U.S. Armed Forces reservists deemed domiciled in this state — effect of — rulemaking authority. — 1.  Notwithstanding any provision of law to the contrary, any individual who is currently serving in the Missouri National Guard or in a reserve component of the Armed Forces of the United States shall be deemed to be domiciled in this state for purposes of eligibility for in-state tuition at any approved public institution in Missouri.

  2.  To be eligible for in-state tuition under this section, any such individual shall demonstrate presence within the state of Missouri.  For purposes of attending a community college, an individual shall demonstrate presence within the taxing district of the community college he or she attends.

  3.  If any such individual is eligible to receive financial assistance under any other federal or state student aid program, public or private, the full amount of such aid shall be reported to the coordinating board for higher education by the institution and the individual.  The tuition limitation under this section shall be provided after all other federal and state aid for which the individual is eligible has been applied, and no individual shall receive more than the actual cost of attendance when the limitation is combined with other aid made available to such individual.

  4.  The coordinating board for higher education shall promulgate rules to implement this section.

  5.  For purposes of this section, "approved public institution" shall have the same meaning as provided in subdivision (3) of subsection 1 of section 173.1102.

  6.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2016, shall be invalid and void.