NY State Senate Bill 2021-S8994

Senate Bill S8994

Signed By Governor

2021-2022 Legislative Session

Relates to certificates of residence required of community college enrollees

download bill text pdf

Archive: Last Bill Status - 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 17, 2022	signed chap.542
Aug 05, 2022	delivered to governor
Jun 03, 2022	returned to senate passed assembly ordered to third reading rules cal.643 substituted for a10426
May 31, 2022	referred to higher education delivered to assembly passed senate
May 23, 2022	amended on third reading 8994a
May 16, 2022	advanced to third reading
May 11, 2022	2nd report cal.
May 10, 2022	1st report cal.1251
May 03, 2022	referred to higher education

Votes

- May 31, 2022 - Floor Vote
  S8994
  
  45
  
  Aye
  
  18
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 31, 2022
      
      aye (45)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      May
      
      Mayer
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (18)
      
      Akshar
      
      Borrello
      
      Griffo
      
      Helming
      
      Jordan
      
      Lanza
      
      Martucci
      
      Mattera
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Rath III
      
      Ritchie
      
      Serino
      
      Stec
      
      Tedisco
      
      Weik
  May 10, 2022 - Higher Education Committee Vote
  S8994
  
  8
  
  Aye
  
  3
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Higher Education Committee Vote: May 10, 2022
      
      aye (8)
      
      Cooney
      
      Gaughran
      
      Gounardes
      
      Jackson
      
      Liu
      
      Parker
      
      Rivera
      
      Stavisky
      
      nay (3)
      
      Boyle
      
      Griffo
      
      Oberacker

Bill Amendments

Original

A (Active)

2021-S8994 - Details

Law Section:: Education Law
Laws Affected:: Amd §6305, Ed L

2021-S8994 - Summary

Provides for the electronic submission of certificates of residence by community college enrollees; prohibits a community college chief fiscal officer from requiring a person desiring to enroll in a community college as a non-resident student to disclose or furnish his or her social security number.

2021-S8994 - Sponsor Memo

                                 
BILL NUMBER: S8994

SPONSOR: STAVISKY
 
TITLE OF BILL:

An act to amend the education law, in relation to certificates of resi-
dence required of community college enrollees

 
PURPOSE:

To allow community college students to obtain a certificate of residence
from their county of residence electronically on a permanent basis.
Additionally, this bill mandates the removal of social security numbers
from all county certificate of residence applications in order to make
resident tuition accessible to all eligible students.

 
SUMMARY OF PROVISIONS:

Section 1 allows community college students to apply for certificates of
residence from counties via electronic means on and after July 1, 2023,
and prohibits counties from mandating social security numbers as a
condition of application for a certificate of residence. It also author-

izes the SUNY Board of Trustees to promulgate regulations to clarify the
process for students to appeal decisions by county fiscal officers to
reject applications for certificates of residence. If a student can
demonstrate hardship in meeting the deadline to acquire the certificate
of residence, the SUNY Chancellor may overturn the county's decision to
reject the student's application for a certificate of residence.

 
JUSTIFICATION:

In order to be eligible for resident tuition at community colleges,
students must obtain a certificate of residence from the county of their
permanent residence and submit the certificate to the College within the
first 30 days of each semester. Often counties require students to
obtain certificates of residence in-person. This can be prohibitive to
students who cannot travel to the County Office during regular business
hours. Under EO 202.11 during the COVID-19 pandemic, students were
provided the opportunity to obtain such certificates via electronic
means. This legislation would allow students to continue to be able to
apply for certificates of residence either in person or online.

There is no requirement that students provide social security numbers to
prove residency, yet some counties require that students, or parents of
students under 21, submit a social security number within order to
obtain a certificate of residence. This can be prohibitive to students
who may not have a social security number, while meeting all require-
ments necessary to demonstrate permanent residence.

If a student is not approved by their home county to receive a certif-
icate of residence, they often end up owing thousands of dollars more
than they were expecting to pay for their classes at the community
college. By the time a student realizes the error, it may be too late to
apply for student loans, leaving that amount as an immediate concern for
the student and potentially derailing their academic career. The
documentation process can be challenging or confusing to students and
must be done in a compressed time frame, and denial of a certificate of
residence is an extreme penalty to place on students who may have been

lifelong residents of New York State and deserve to receive the lower
resident rate of tuition.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None to the State

 
EFFECTIVE DATE:
This act shall take effect immediately

2021-S8994 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8994
 
                             I N  S E N A T E
 
                                May 3, 2022
                                ___________
 
 Introduced  by Sen. STAVISKY -- 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 certificates of  resi-
   dence required of community college enrollees
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivisions 3 and 4 of section 6305 of the education  law,
 as amended by section 2 of part V of chapter 57 of the laws of 2013, are
 amended to read as follows:
   3. The chief fiscal officer of each county, as defined in section 2.00
 of  the  local  finance  law,  shall, upon application and submission to
 [him] SUCH CHIEF FISCAL OFFICER of satisfactory evidence, issue  to  any
 person  desiring  to  enroll  in  a  community college as a non-resident
 student, a certificate of residence form,  IN  WHICH  THE  CHIEF  FISCAL
 OFFICER  SHALL  NOT  MANDATE  SOCIAL  SECURITY NUMBERS AS A CONDITION OF
 APPLICATION, showing that said person is a resident of said county.   ON
 AND  AFTER JULY FIRST, TWO THOUSAND TWENTY-THREE, THE CHIEF FISCAL OFFI-
 CER OF EACH COUNTY SHALL ACCEPT APPLICATION AND SUBMISSION OF  SATISFAC-
 TORY  EVIDENCE  IN PERSON AND ELECTRONICALLY FROM ANY PERSON DESIRING TO
 ENROLL IN A COMMUNITY COLLEGE AS A NON-RESIDENT STUDENT.  If  the  chief
 fiscal  officer  of  a county refuses to issue such a certificate on the
 ground that the person applying therefor is not a resident of such coun-
 ty, the person applying may  appeal  to  the  chancellor  of  the  state
 university.  The chancellor of the state university, OR SUCH OFFICERS OR
 EMPLOYEES THEREOF AS SHALL BE DESIGNATED BY THE CHANCELLOR IN  A  MANNER
 AUTHORIZED  BY THE TRUSTEES OF THE STATE UNIVERSITY, shall make a deter-
 mination after a hearing, upon ten days' notice  to  such  chief  fiscal
 officer of the county, and such determination shall be final and binding
 on  the  county. SUCH APPEAL SHALL BE MADE IN WRITING, ELECTRONICALLY OR
 BY MAIL. Such person shall, upon [his]  registration  for  each  college
 year,  file with the college such a certificate of residence form issued
 not earlier than two months prior thereto, and such certificate of resi-
 dence form shall be valid for a period of one  year  from  the  date  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15638-01-2

 S. 8994                             2
 
 issuance.  THE  TRUSTEES  OF THE STATE UNIVERSITY SHALL BE AUTHORIZED TO
 PROMULGATE REGULATIONS TO EFFECTUATE THE PROVISIONS OF THIS SUBDIVISION.
   4.  If,  pursuant  to  subdivision  two  of  this section, a community
 college elects to charge to and collect  an  allocable  portion  of  the
 operating  costs  and  a further sum on account of capital costs of such
 college from each county which has issued a certificate form or  certif-
 icates of residence forms pursuant to subdivision three of this section,
 on the basis of which non-resident students are attending such community
 college,  the  president  of such community college shall, within forty-
 five days after the commencement of each college term or program, submit
 to the chief fiscal officer  of  each  county  a  list  of  non-resident
 students  attending  such  college  on the basis of such certificates of
 residence form and a voucher for the amount payable by each  county  for
 these  students.  Such list and voucher shall be determined on the basis
 of non-resident students enrolled in the program as of the end (or  last
 day)  of  the third week of the commencement for a program scheduled for
 one semester, the end of the second  for  a  program  scheduled  for  an
 academic quarter and the end of the first week for any program scheduled
 to  be completed in thirty days or less, PROVIDED, HOWEVER, IF A STUDENT
 CAN DEMONSTRATE HARDSHIP IN MEETING THE DEADLINE, THE CHANCELLOR OF  THE
 STATE  UNIVERSITY,  OR  SUCH  OFFICERS  OR EMPLOYEES THEREOF AS SHALL BE
 DESIGNATED BY THE CHANCELLOR IN THE MANNER AUTHORIZED BY THE TRUSTEES OF
 THE STATE UNIVERSITY, SHALL HAVE THE DISCRETION TO OVERTURN THE COUNTY'S
 DECISION TO REJECT THE STUDENT'S  APPLICATION  FOR  THE  CERTIFICATE  OF
 RESIDENCE,  AND  THE  PRESIDENT OF SUCH COMMUNITY COLLEGE SHALL HAVE THE
 ABILITY TO AMEND ITS LIST TO THE COUNTY  TO  INCLUDE  ANY  SUCH  CHANGES
 AFTER  FORTY-FIVE DAYS. The chancellor of the state university, or [such
 officers or employees thereof as shall be designated by  the  chancellor
 in  the  manner  authorized by the state university trustees] HIS OR HER
 DESIGNEE, shall notify the chief fiscal officers of each county  of  the
 approved annual operating and capital charge-back rate for each communi-
 ty college. The amount billed to the chief fiscal officer of each county
 by the president of such community college as a charge for the allocable
 portion  of  the operating costs and a further sum on account of capital
 costs of such college for non-resident students shall  be  paid  to  the
 chief  fiscal officer of such college by the billed county no later than
 sixty days after the county receives said billing. THE TRUSTEES  OF  THE
 STATE UNIVERSITY SHALL BE AUTHORIZED TO PROMULGATE REGULATIONS TO EFFEC-
 TUATE THE PROVISIONS OF THIS SUBDIVISION.
   §  2. This act shall take effect one year after it shall have become a
 law.

2021-S8994A (ACTIVE) - Details

Law Section:: Education Law
Laws Affected:: Amd §6305, Ed L

2021-S8994A (ACTIVE) - Summary

2021-S8994A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8994A

SPONSOR: STAVISKY
 
TITLE OF BILL:

An act to amend the education law, in relation to certificates of resi-
dence required of community college enrollees

 
PURPOSE:

To allow community college students to obtain a certificate of residence
from their county of residence electronically on a permanent basis.
Additionally, this bill mandates the removal of social security numbers
from all county certificate of residence applications in order to make
resident tuition accessible to all eligible students.

 
SUMMARY OF PROVISIONS:

Section 1 allows community college students to apply for certificates of
residence from counties via electronic means on and after July 1, 2023,
and prohibits counties from mandating social security numbers as a
condition of application for a certificate of residence. It also author-

izes the SUNY Board of Trustees to promulgate regulations to clarify the
process for students to appeal decisions by county fiscal officers to
reject applications for certificates of residence.

 
JUSTIFICATION:

In order to be eligible for resident tuition at community colleges,
students must obtain a certificate of residence from the county of their
permanent residence and submit the certificate to the College within the
first 30 days of each semester. Often counties require students to
obtain certificates of residence in-person. This can be prohibitive to
students who cannot travel to the County Office during regular business
hours. Under EO 202.11 during the COVID-19 pandemic, students were
provided the opportunity to obtain such certificates via electronic
means. This legislation would allow students to continue to be able to
apply for certificates of residence either in person or online.

There is no requirement that students provide social security numbers to
prove residency, yet some counties require that students, or parents of
students under 21, submit a social security number within order to
obtain a certificate of residence. This can be prohibitive to students
who may not have a social security number, while meeting all require-
ments necessary to demonstrate permanent residence.

If a student is not approved by their home county to receive a certif-
icate of residence, they often end up owing thousands of dollars more
than they were expecting to pay for their classes at the community
college. By the time a student realizes the error, it may be too late to
apply for student loans, leaving that amount as an immediate concern for
the student and potentially derailing their academic career. The
documentation process can be Challenging or confusing to students and
must be done in a compressed time frame, and denial of a certificate of
residence is an extreme penalty to place on students who may have been
lifelong residents of New York State and deserve to receive the lower
resident rate of tuition.

 
LEGISLATIVE HISTORY:
New bill

 
FISCAL IMPLICATIONS:

None to the State

 
EFFECTIVE DATE:
This act shall take effect July 1, 2023

2021-S8994A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8994--A
     Cal. No. 1251
 
                             I N  S E N A T E
 
                                May 3, 2022
                                ___________
 
 Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Higher  Education  --
   reported  favorably  from  said committee, ordered to first and second
   report, ordered to a third reading,  amended  and  ordered  reprinted,
   retaining its place in the order of third reading

 AN  ACT to amend the education law, in relation to certificates of resi-
   dence required of community college enrollees
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  3  of  section 6305 of the education law, as
 amended by section 2 of part V of chapter 57 of the  laws  of  2013,  is
 amended to read as follows:
   3. The chief fiscal officer of each county, as defined in section 2.00
 of  the  local  finance  law,  shall, upon application and submission to
 [him] SUCH CHIEF FISCAL OFFICER of satisfactory  evidence  IN-PERSON  OR
 ELECTRONICALLY,  issue  to  any person desiring to enroll in a community
 college as a non-resident student, a certificate of residence form show-
 ing that said person is a resident of said county.  NO SUCH CHIEF FISCAL
 OFFICER SHALL REQUIRE A PERSON DESIRING TO ENROLL IN A COMMUNITY COLLEGE
 AS A NON-RESIDENT STUDENT TO DISCLOSE OR FURNISH HIS OR HER SOCIAL SECU-
 RITY NUMBER. If the chief fiscal officer of a county  refuses  to  issue
 such  a  certificate  on the ground that the person applying therefor is
 not a resident of such county, the person applying may appeal, IN  WRIT-
 ING, ELECTRONICALLY OR BY MAIL, to the chancellor of the state universi-
 ty.  The chancellor of the state university, OR SUCH OFFICERS OR EMPLOY-
 EES THEREOF AS SHALL  BE  DESIGNATED  BY  THE  CHANCELLOR  IN  A  MANNER
 AUTHORIZED  BY THE STATE UNIVERSITY TRUSTEES, shall make a determination
 after a hearing, upon ten days' notice to such chief fiscal  officer  of
 the  county,  and  such  determination shall be final and binding on the
 county.  Such person shall, upon [his]  registration  for  each  college
 year,  file with the college such a certificate of residence form issued
 not earlier than two months prior thereto, and such certificate of resi-
 dence form shall be valid for a period of one  year  from  the  date  of
 issuance.  THE  STATE UNIVERSITY TRUSTEES SHALL BE AUTHORIZED TO PROMUL-
 GATE REGULATIONS TO EFFECTUATE THE PROVISIONS OF THIS SUBDIVISION.
   § 2. This act shall take effect July 1, 2023.

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15638-02-2

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