S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10188
 
                           I N  A S S E M B L Y
 
                              March 22, 2018
                                ___________
 
 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:
 
   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.
              

                                                            LBD02879-01-7

 A. 10188                            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]
 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.
   § 2. This act shall take effect immediately.