NY State Senate Bill 2021-S5245

Senate Bill S5245

Signed By Governor

2021-2022 Legislative Session

Provides in-state tuition continuity for spouses and dependents of active duty service members

download bill text pdf

Archive: Last Bill Status Via A6249 - Signed by Governor

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 11, 2021	signed chap.604
Nov 10, 2021	delivered to governor
Jun 08, 2021	returned to assembly passed senate 3rd reading cal.1548 substituted for s5245a
Jun 08, 2021	substituted by a6249a
Jun 07, 2021	ordered to third reading cal.1548 committee discharged and committed to rules
May 19, 2021	print number 5245a
May 19, 2021	amend (t) and recommit to veterans, homeland security and military affairs
Feb 26, 2021	referred to veterans, homeland security and military affairs

Votes

- Jun 8, 2021 - Floor Vote
  A6249
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 8, 2021
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
  Jun 7, 2021 - Rules Committee Vote
  S5245
  
  21
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 7, 2021
      
      aye (21)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Ritchie
      
      Savino
      
      Stewart-Cousins

Bill Amendments

Original

A (Active)

2021-S5245 - Details

Law Section:: Military Law
Laws Affected:: Amd §§1 & 253, Mil L

2021-S5245 - Summary

Provides in-state tuition continuity for spouses and children of active duty service members.

2021-S5245 - Sponsor Memo

                                
 
BILL NUMBER: S5245

SPONSOR: BROOKS
 
TITLE OF BILL:

An act to amend the military law, in relation to in-state tuition conti-
nuity for spouses and children of active duty service members

 
PURPOSE::

Allows the spouse or child of an active duty service member who is
assigned to duty elsewhere following assignment in New York to be deemed
an in-state resident for the purposes of determining tuition and fees at
all state institutions of higher learning.

 
SUMMARY OF PROVISIONS::

Section 1 of the bill amends § I of the Military law by adding the
United States Space Force to the list of the military services, a tech-
nical correction which will guarantee the benefits and protections of
the military law are extended to those men and women serving in that

service branch.

Section 2 of the bill amends § 253 of the Military law to allow the
spouse or child of an active-duty service member who has been assigned
to duty elsewhere to be deemed to be an in-state resident for the
purposes of determining tuition and fees at all state institutions of
higher learning, as long as the spouse or child resides continuously in
New York and remains enrolled at the institution.

Section 3 is the enacting clause.

 
JUSTIFICATION::

Each year, the United States Department of Defense identifies ten key
issues for states to support the quality of life for service members and
military families. This legislation enacts the DoD best practices for
in-state tuition continuity, to allow a spouse or child of an active-
duty service member, if they have been accepted at an institution of
higher learning but their sponsor is transferred to another state, to be
deemed an in-state resident as long as they remain continuously enrolled
at the school.

Out-of-state or nonresident tuition is often two to three times that of
in-state tuition, and a change in status before enrollment puts the
student in a situation where they must find another college at the last
minute or pay higher tuition. New York can best support its 11,000
active-duty spouses and 17,000 active-duty children by joining the 25
other states which have enacted this policy since it was identified by
DoD in 2019.

 
LEGISLATIVE HISTORY::

This is a new bill.

 
FISCAL IMPLICATIONS::

Maintaining existing tuition rates creates no additional costs to be
incurred by the state.
 
EFFECTIVE DATE::

This act shall take effect immediately.

2021-S5245 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5245
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2021
                                ___________
 
 Introduced  by  Sen.  BROOKS -- 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 military law, in relation to in-state tuition conti-
   nuity for spouses and children of active duty service members

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 8 of section 1 of the military law, as amended
 by chapter 112 of the laws of 1989, is amended to read as follows:
   8. The terms "active military service of the United  States"  and  "in
 the  armed forces of the United States" shall mean full time duty in the
 army, navy (including marine corps), air force (INCLUDING  SPACE  FORCE)
 or coast guard of the United States.
   § 2. Section 253 of the military law, as amended by chapter 473 of the
 laws of 2009, is amended to read as follows:
   §   253.   Military   service  by  parent;  effect  on  child  custody
 proceedings; IN-STATE TUITION CONTINUITY.  1. Notwithstanding  any  law,
 rule or regulation to the contrary, child custody proceedings filed in a
 court of competent jurisdiction in this state, involving a parent who is
 activated,  deployed,  or temporarily assigned to military service shall
 be governed by subdivision (f) of section six hundred fifty-one  of  the
 family  court act, section seventy-five-l or paragraph (a-2) of subdivi-
 sion one of section two hundred forty of the domestic relations law.
   2. A SPOUSE OR CHILD OF A MEMBER OF THE ACTIVE MILITARY SERVICE OF THE
 UNITED STATES WHO  HAS  BEEN  ASSIGNED  TO  DUTY  ELSEWHERE  IMMEDIATELY
 FOLLOWING  ASSIGNMENT  TO  DUTY  IN  NEW  YORK  SHALL BE DEEMED TO BE AN
 IN-STATE RESIDENT FOR THE PURPOSES OF DETERMINING TUITION  AND  FEES  AT
 ALL  STATE  INSTITUTIONS  OF HIGHER LEARNING, AND IS ENTITLED TO PAY THE
 TUITION FEES AND OTHER FEES OR CHARGES PROVIDED FOR NEW  YORK  RESIDENTS
 AS  LONG  AS  THE  SPOUSE  OR CHILD RESIDES CONTINUOUSLY IN NEW YORK AND
 REMAINS ENROLLED AT SUCH INSTITUTION.
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD09377-01-1

2021-S5245A (ACTIVE) - Details

Law Section:: Military Law
Laws Affected:: Amd §§1 & 253, Mil L

2021-S5245A (ACTIVE) - Summary

Provides in-state tuition continuity for spouses and children of active duty service members.

2021-S5245A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5245A

SPONSOR: BROOKS
 
TITLE OF BILL:

An act to amend the education law, in relation to in-state tuition
continuity for certain spouses and dependents of active duty service
members

 
PURPOSE:

The purpose of this bill is to allow the spouse or child of an active
duty service member who is assigned to duty elsewhere following assign-
ment in New York to be deemed an in-state resident for the purposes of
determining tuition and fees at all state institutions of higher learn-
ing.

 
SUMMARY OF PROVISIONS:

Section 1 amends the section 355 of the education law to provide
students in-state tuition and fees at SUNY schools who are the spouse or

dependent of full-time active duty members of the armed forces if they
have recently moved out of state as the result of redeployment.

Section 2 amends section 6206 of the education law to provide students
in-state tuition and fees at CUNY schools who are the spouse or depend-
ent of full-time active duty members of the armed forces if they have
recently moved out of state as the result of redeployment.

Section 3 amends section 6305 of the education law to provide students
in-state tuition and fees at Community Colleges schools who are the
spouse or dependent of full-time active duty members of the armed forces
if they have recently moved out of state as the result of redeployment.

Section 4 is the enacting clause.

 
JUSTIFICATION:

Each year, the United States Department of Defense identifies ten key
issues for states to support the quality of life for service members and
military families. This legislation enacts the DoD best practices for
in-state tuition continuity, to allow a spouse or child of an active-
duty service member, if they have been accepted at an institution of
higher learning but their sponsor is transferred to another state, to be
deemed an in-state resident as long as they remain continuously enrolled
at the school.

Out-of-state or nonresident tuition is often two to three times that of
in-state tuition, and a change in status before enrollment puts the
student in a situation where they must find another college at the last
minute or pay higher tuition. New York can best support its 11,000
active-duty spouses and 17,000 active-duty children by joining the 25
other states which have enacted this policy since it was identified by
DoD in 2019.

 
FISCAL IMPLICATIONS:

Minimal

 
EFFECTIVE DATE:
This act shall take effect on July 1, 2022

2021-S5245A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5245--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2021
                                ___________
 
 Introduced  by  Sen.  BROOKS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Veterans, Homeland Securi-
   ty and Military Affairs -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the education  law,  in  relation  to  in-state  tuition
   continuity  for  certain spouses and dependents of active duty service
   members
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph 3 of paragraph h of subdivision 2 of section
 355 of the education law is amended by adding a new clause (iii) to read
 as follows:
   (III) SUCH REGULATIONS SHALL  FURTHER  PROVIDE  THAT  THE  PAYMENT  OF
 TUITION  AND FEES BY ANY STUDENT WHO IS NOT A RESIDENT OF NEW YORK STATE
 SHALL BE PAID AT A RATE OR CHARGE  NO  GREATER  THAN  THAT  IMPOSED  FOR
 STUDENTS  WHO ARE RESIDENTS OF THIS STATE IF SUCH STUDENT IS ENROLLED IN
 AN INSTITUTION OR EDUCATIONAL UNIT OF THE STATE UNIVERSITY  AND  IS  THE
 SPOUSE  OR  THE  DEPENDENT OF A MEMBER OF THE ARMED FORCES OF THE UNITED
 STATES ON FULL-TIME ACTIVE DUTY AND NOT STATIONED IN  THIS  STATE  IMME-
 DIATELY FOLLOWING BEING STATIONED THEREIN.
   §  2. Subdivision 7 of section 6206 of the education law is amended by
 adding a new paragraph (a-3) to read as follows:
   (A-3) THE TRUSTEES SHALL FURTHER PROVIDE THAT THE PAYMENT  OF  TUITION
 AND FEES BY ANY STUDENT WHO IS NOT A RESIDENT OF NEW YORK STATE SHALL BE
 PAID  AT  A RATE OR CHARGE NO GREATER THAN THAT IMPOSED FOR STUDENTS WHO
 ARE RESIDENTS OF THE STATE IF SUCH STUDENT IS ENROLLED IN ANY COLLEGE OR
 EDUCATIONAL UNIT OF THE CITY UNIVERSITY OF NEW YORK AND IS THE SPOUSE OR
 THE DEPENDENT OF A MEMBER OF THE ARMED FORCES OF THE  UNITED  STATES  ON
 FULL-TIME  ACTIVE  DUTY  AND  NOT  STATIONED  IN  THIS STATE IMMEDIATELY
 FOLLOWING BEING STATIONED THEREIN.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09377-13-1

 S. 5245--A                          2
 
   § 3. Subdivision 8 of section 6305 of the education law, as amended by
 section 3 of part B of chapter 328 of the laws of 2014,  is  amended  to
 read as follows:
   8.  Part-time  and out-of-state students shall be charged such tuition
 and fees as may be  approved  by  the  state  university  trustees.  Any
 student  attending  a community college who is a member or the spouse or
 the dependent of a member of the armed forces of the  United  States  on
 full-time  active  duty  and  stationed  in this state, whether or not a
 resident of this state, shall be charged the tuition rate for  residents
 as  approved  by  the state university trustees. Any student attending a
 community college in accordance with the federal GI bills and in compli-
 ance with all applicable eligibility requirements  thereof,  whether  or
 not  a  resident  of  this  state, shall be charged the tuition rate for
 residents as approved by the state university  trustees.    ANY  STUDENT
 ATTENDING  A  COMMUNITY  COLLEGE WHO IS THE SPOUSE OR THE DEPENDENT OF A
 MEMBER OF THE ARMED FORCES OF THE UNITED STATES ON FULL-TIME ACTIVE DUTY
 AND NOT STATIONED IN THIS STATE IMMEDIATELY  FOLLOWING  BEING  STATIONED
 THEREIN,  WHETHER  OR NOT A RESIDENT OF THIS STATE, SHALL BE CHARGED THE
 TUITION RATE FOR RESIDENTS AS APPROVED BY THE STATE UNIVERSITY TRUSTEES.
   § 4. This act shall take effect July 1, 2022.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.