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

                                  7162

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 3, 2013
                               ___________

Introduced by M. of A. LENTOL -- read once and referred 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05492-01-3

              

A. 7162                             2

  (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
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]
ARTICLE, 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.