S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1011
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2017
                                ___________
 
 Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Veterans, Homeland Securi-
   ty and Military Affairs
 
 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.
              

                                                            LBD02879-01-7

 S. 1011                             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.
   § 2. This act shall take effect immediately.