Bill Text: NY A06034 | 2019-2020 | General Assembly | Introduced


Bill Title: Includes active duty military and certain veterans going to college under the new GI bill in the definition of resident as it relates to community colleges and state-aided four-year colleges.

Spectrum: Moderate Partisan Bill (Republican 12-2)

Status: (Introduced - Dead) 2020-07-14 - held for consideration in higher education [A06034 Detail]

Download: New_York-2019-A06034-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6034
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 26, 2019
                                       ___________
        Introduced by M. of A. LAWRENCE -- read once and referred to the Commit-
          tee on Higher Education
        AN  ACT  to  amend  the  education law, in relation to including certain
          veterans in the definition of resident  as  it  relates  to  community
          colleges and state-aided four-year colleges
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 5 of section 6301  of  the  education  law,  as
     2  amended  by  chapter  327  of  the  laws  of 2002, is amended to read as
     3  follows:
     4    5. "Resident." A person who has resided in the state for a  period  of
     5  at  least  one  year  and in the county, city, town, intermediate school
     6  district, school district or community college region, as the  case  may
     7  be,  for a period of at least six months, both immediately preceding the
     8  date of such person's registration in a community college  or,  for  the
     9  purposes of section sixty-three hundred five of this article, his or her
    10  application for a certificate of residence; provided, however, that this
    11  term  shall include any student who is not a resident of New York state,
    12  other than a non-immigrant alien within the meaning of paragraph (15) of
    13  subsection (a) of section 1101 of title 8 of the United States Code,  if
    14  such student:
    15    (i)  attended  an approved New York high school for two or more years,
    16  graduated from an approved New York high school and applied for  attend-
    17  ance at an institution or educational unit of the state university with-
    18  in five years of receiving a New York state high school diploma; or
    19    (ii)  attended  an  approved New York state program for general equiv-
    20  alency diploma exam preparation, received a general equivalency  diploma
    21  issued  within  New York state and applied for attendance at an institu-
    22  tion or educational unit of the state university within  five  years  of
    23  receiving a general equivalency diploma issued within New York state; or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05210-01-9

        A. 6034                             2
     1    (iii)  was enrolled in an institution or educational unit of the state
     2  university in the fall semester or quarter of the two thousand  one--two
     3  thousand  two  academic  year  and was authorized by such institution or
     4  educational unit to pay tuition  at  the  rate  or  charge  imposed  for
     5  students who are residents of the state.
     6    Provided,  further,  that  a student without lawful immigration status
     7  shall also be required to file an affidavit  with  such  institution  or
     8  educational  unit  stating  that the student has filed an application to
     9  legalize his or her immigration status, or will file such an application
    10  as soon as he or she is eligible to do so.
    11    Provided, further, that any person who is serving  or  has  served  in
    12  active  duty  of the United States military, including the United States
    13  navy, marines, army or air force, during  a  war  in  which  the  United
    14  States  engaged and who has been released from such service by any means
    15  other than by dishonorable discharge, or who has been furloughed to  the
    16  reserve  and who is attending any community college or state-aided four-
    17  year college under the federal post-9/11 veterans educational assistance
    18  act of 2008, public law 110-252, supplemental appropriations act,  2008,
    19  shall be considered a resident for the purposes of this article.
    20    In the event that a person qualified as above for state residence, but
    21  has  been a resident of two or more counties in the state during the six
    22  months immediately preceding his application for a certificate of  resi-
    23  dence  pursuant  to  section  sixty-three hundred five of this [chapter]
    24  article, the charges to the counties of  residence  shall  be  allocated
    25  among  the  several  counties  proportional  to the number of months, or
    26  major fraction thereof, of residence in each county.
    27    § 2. This act shall take effect immediately.
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