NY State Senate Bill 2015-S836

Senate Bill S836

2015-2016 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 Finance 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 04, 2016	reported and committed to finance
Jan 06, 2016	referred to higher education returned to senate died in assembly
Jun 10, 2015	referred to higher education delivered to assembly passed senate
Jun 08, 2015	advanced to third reading
Jun 03, 2015	2nd report cal.
Jun 02, 2015	1st report cal.1256
May 05, 2015	reported and committed to finance
Jan 07, 2015	referred to higher education

Votes

- Jun 10, 2015 - Floor Vote
  S836
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 10, 2015
      
      aye (61)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (2)
      
      Libous
      
      Perkins
  May 4, 2016 - Higher Education Committee Vote
  S836
  
  18
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Higher Education Committee Vote: May 4, 2016
      
      aye (18)
      
      Breslin
      
      Croci
      
      Espaillat
      
      Funke
      
      Gallivan
      
      Griffo
      
      Krueger
      
      LaValle
      
      Ortt
      
      Parker
      
      Peralta
      
      Ritchie
      
      Rivera
      
      Robach
      
      Serino
      
      Stavisky
      
      Valesky
      
      Venditto
      
      excused (1)
      
      Seward
  May 5, 2015 - Higher Education Committee Vote
  S836
  
  18
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Higher Education Committee Vote: May 5, 2015
      
      aye (18)
      
      Breslin
      
      Croci
      
      Espaillat
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Griffo
      
      LaValle
      
      Ortt
      
      Parker
      
      Peralta
      
      Ritchie
      
      Rivera
      
      Robach
      
      Serino
      
      Seward
      
      Stavisky
      
      Valesky
      
      aye wr (1)
      
      Krueger
  Jun 2, 2015 - Finance Committee Vote
  S836
  
  35
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Finance Committee Vote: Jun 2, 2015
      
      aye (35)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Gallivan
      
      Golden
      
      Griffo
      
      Hannon
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Martins
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Savino
      
      Seward
      
      Squadron
      
      Stavisky
      
      Valesky
      
      Young
      
      excused (1)
      
      Hassell-Thompson

co-Sponsors

2015-S836 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Education Law
Laws Affected:: Amd §6301, Ed L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6384
2013-2014: S1978
2017-2018: S1011

2015-S836 (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.

2015-S836 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S836

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:

2012 - Referred to Higher Education,
2013 Passed Senate,
2014 Passed Senate

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:


Immediately.

2015-S836 (ACTIVE) - Bill Text download pdf

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

                                   836

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

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

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

                                                           LBD02069-01-5

S. 836                              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.

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Senate Bill S836

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Sponsored By

Joseph E. Robach