NY State Senate Bill 2011-S6384

Senate Bill S6384

2011-2012 Legislative Session

Includes certain veterans in the definition of resident as it relates to community colleges and state-aided four-year colleges

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Archive: Last Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 02, 2012	referred to higher education

co-Sponsors

2011-S6384 (ACTIVE) - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §6301, Ed L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S1978
2015-2016: S836
2017-2018: S1011

2011-S6384 (ACTIVE) - Summary

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.

2011-S6384 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6384

TITLE OF BILL:
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

PURPOSE:
Allows for any person who is serving or has served in active
duty of the United State Military under the provisions of the
legislation to be considered a resident of the State of New York

SUMMARY OF PROVISIONS:
Adds the following language to read:

Provided, further, that any person who is serving or has served in
active duty of the United States military, including the United
States navy, marines, army or air force, during a war in which the
United States engaged and who has been released from such service by
any means other than by dishonorable discharge, or who has been
furloughed to the reserve and who is attending any community college
or state-aided four year college under the federal post-9/11 veterans
educational assistance act of 2008, public law 110-252, supplemental
appropriations act, 2008, shall be considered a resident for the
purpose of this article.

JUSTIFICATION:
Under current law, after serving in active duty, our
soldiers who choose to come to New York State to study at State
University of New York (SUNY) colleges are charged out-of-state
tuition. This often results in significant tuition bills, as the
federal GI bill does not fully cover the cost of out-of-state SUNY
tuition.

This bill will allow for anyone who has served in active duty in the
United States military to attend SUNY colleges and universities as a
resident of the State of the New York; thereby, waiving the residency
requirements. The men and women who provide honorable service to our
country should be able to attend college here in New York without
worrying about extra cost that might fall to them because they are
not yet a resident. We should be encouraging our service men and
women to come to New York, study at our colleges and universities
and start their future in New York State.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
Immediately.

2011-S6384 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6384

                            I N  S E N A T E

                            February 2, 2012
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed to the Committee 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:

  Section  1.  Subdivision  5  of  section 6301 of the education law, as
amended by chapter 327 of the laws  of  2002,  is  amended  to  read  as
follows:
  5.  "Resident."  A person who has resided in the state for a period of
at least one year and in the county,  city,  town,  intermediate  school
district,  school  district or community college region, as the case may
be, for a period of at least six months, both immediately preceding  the
date  of  such  person's registration in a community college or, for the
purposes of section sixty-three hundred five of this article, his or her
application for a certificate of residence; provided, however, that this
term shall include any student who is not a resident of New York  state,
other than a non-immigrant alien within the meaning of paragraph (15) of
subsection  (a) of section 1101 of title 8 of the United States Code, if
such student:
  (i) attended an approved New York high school for two or  more  years,
graduated  from an approved New York high school and applied for attend-
ance at an institution or educational unit of the state university with-
in five years of receiving a New York state high school diploma; or
  (ii) attended an approved New York state program  for  general  equiv-
alency  diploma exam preparation, received a general equivalency diploma
issued within New York state and applied for attendance at  an  institu-
tion  or  educational  unit of the state university within five years of
receiving a general equivalency diploma issued within New York state; or
  (iii) was enrolled in an institution or educational unit of the  state
university  in the fall semester or quarter of the two thousand one--two
thousand two academic year and was authorized  by  such  institution  or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14089-01-2

S. 6384                             2

educational  unit  to  pay  tuition  at  the  rate or charge imposed for
students who are residents of the state.
  Provided,  further,  that  a student without lawful immigration status
shall also be required to file an affidavit  with  such  institution  or
educational  unit  stating  that the student has filed an application to
legalize his or her immigration status, or will file such an application
as soon as he or she is eligible to do so.
  PROVIDED, FURTHER, THAT ANY PERSON WHO IS SERVING  OR  HAS  SERVED  IN
ACTIVE  DUTY  OF THE UNITED STATES MILITARY, INCLUDING THE UNITED STATES
NAVY, MARINES, ARMY OR AIR FORCE, DURING  A  WAR  IN  WHICH  THE  UNITED
STATES  ENGAGED AND WHO HAS BEEN RELEASED FROM SUCH SERVICE BY ANY MEANS
OTHER THAN BY DISHONORABLE DISCHARGE, OR WHO HAS BEEN FURLOUGHED TO  THE
RESERVE  AND WHO IS ATTENDING ANY COMMUNITY COLLEGE OR STATE-AIDED FOUR-
YEAR COLLEGE UNDER THE FEDERAL POST-9/11 VETERANS EDUCATIONAL ASSISTANCE
ACT OF 2008, PUBLIC LAW 110-252, SUPPLEMENTAL APPROPRIATIONS ACT,  2008,
SHALL BE CONSIDERED A RESIDENT FOR THE PURPOSES OF THIS ARTICLE.
  In the event that a person qualified as above for state residence, but
has  been a resident of two or more counties in the state during the six
months immediately preceding his application for a certificate of  resi-
dence  pursuant to section sixty-three hundred five of this chapter, the
charges to the counties  of  residence  shall  be  allocated  among  the
several counties proportional to the number of months, or major fraction
thereof, of residence in each county.
  S 2. This act shall take effect immediately.

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Senate Bill S6384

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Sponsored By

Joseph E. Robach