NY State Senate Bill 2023-S8365

Archive: Last Bill Status - In Senate Committee Higher Education 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 23, 2024	referred to higher education

co-Sponsors

2023-S8365 (ACTIVE) - Details

See Assembly Version of this Bill:: A6991
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Rpld §661 sub 5 ¶a cl ¶, ¶b cl ¶, §6301 sub 5 sec undesig ¶, §6455 sub 2 ¶(a) cl ¶, sub 3 ¶(a) cl ¶, amd §6206, Ed L
Versions Introduced in 2025-2026 Legislative Session:: S5121, A284

2023-S8365 (ACTIVE) - Summary

Removes the affidavit of the lawful immigration status requirement for certain students.

2023-S8365 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8365

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the education law, in relation to affidavits of the
lawful immigration status of certain students; and to repeal certain
provisions of such law relating thereto

 
PURPOSE:

Since 2002, when NYS authorized undocumented students to pay in-state
college tuition, students without legal status have been required to
file an affidavit with their campus. This legislation will repeal all
sections of law requiring such affidavit.

 
SUMMARY OF PROVISIONS:

Sections 1 thru 5 amend education law to repeal existing law requiring
the filling of affidavit by college student attesting to their attempts
to legalize their immigration status.

Section 6 is the enactment date of the new law.

 
JUSTIFICATION:

Giant steps were made in 2002 when New York State allowed undocumented
college students to pay instate-tuition if they met a set of standards
and requirements. One of those requirements was that impacted students
would be required to file an affidavit with the higher education insti-
tution that attested that the student was in the process to legalize
their immigration status. Unfortunately, before and after the 2016 pres-
idential election, many students who feared being identified by the
federal government as being undocumented decided not to enroll in
college due to the requirement to file such an affidavit. College advi-
sors have given testimony at higher education conferences that the affi-
davit has become a discouragement and barrier to student enrollment. In
as much as the City University of New York identified and tried to solve
this problem and has provided a standard affidavit for impacted students
to complete during enrollment and application periods, this requirement
continues to be burdensome. Legislation addressing this problem is need-
ed and this bill repeals all sections of existing laws requiring such
affidavit Lingering questions as to the continued negative impact of the
2002 law remain as there are more undocumented students eligible to
attend higher education institutions after the passage of the Dream Act
in 2019. It is important for that our public higher education institu-
tion remove artificial barriers that limit immigrant student's college
enrollment. This legislation solves this problem and removes bureaucrat-
ic paperwork requirements for both SUNY and CUNY.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
On the sixtieth day after it shall have become law.

2023-S8365 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8365
 
                             I N  S E N A T E
 
                             January 23, 2024
                                ___________
 
 Introduced  by  Sen. JACKSON -- 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  affidavits  of  the
   lawful  immigration  status of certain students; and to repeal certain
   provisions of such law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The closing paragraph paragraph a and the closing paragraph
 of  paragraph b of subdivision 5 of section 661 of the education law are
 REPEALED.
   § 2. The closing paragraph of subparagraph (i)  of  paragraph  (a)  of
 subdivision  7  of  section  6206  of  the  education law, as amended by
 section 3 of part B of chapter 56 of the laws of  2023,  is  amended  to
 read as follows:
   [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  eligi-
 ble  to  do so.] The trustees shall not adopt changes in tuition charges
 prior to the enactment of the annual budget. The board of  trustees  may
 accept  as  partial  reimbursement  for the education of veterans of the
 armed forces of the United States who are otherwise qualified such  sums
 as  may  be authorized by federal legislation to be paid for such educa-
 tion. The board of trustees may conduct on a fee basis extension courses
 and courses for adult education  appropriate  to  the  field  of  higher
 education.  In  all  courses  and  courses  of  study  it  may,  in  its
 discretion, require students to pay library, laboratory, locker,  break-
 age and other instructional and non-instructional fees and meet the cost
 of  books and consumable supplies. In addition to the foregoing fees and
 charges, the board of trustees may impose and collect fees  and  charges
 for  student  government  and  other  student activities and receive and
 expend them as agent or trustee.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11178-02-3
 S. 8365                             2

 
   § 3. The closing paragraph of paragraph  (a-1)  of  subdivision  7  of
 section 6206 of the education law, as amended by chapter 669 of the laws
 of 2022, is amended to read as follows:
   [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  eligi-
 ble  to  do so.] Except as otherwise authorized in paragraph (a) of this
 subdivision, the trustees shall not adopt  changes  in  tuition  charges
 prior  to  the enactment of the annual budget. The board of trustees may
 accept as partial reimbursement for the education  of  veterans  of  the
 armed  forces of the United States who are otherwise qualified such sums
 as may be authorized by federal legislation to be paid for  such  educa-
 tion. The board of trustees may conduct on a fee basis extension courses
 and  courses  for  adult  education  appropriate  to the field of higher
 education.  In  all  courses  and  courses  of  study  it  may,  in  its
 discretion,  require students to pay library, laboratory, locker, break-
 age and other instructional and non-instructional fees and meet the cost
 of books and consumable supplies. In addition to the foregoing fees  and
 charges,  the  board of trustees may impose and collect fees and charges
 for student government and other  student  activities  and  receive  and
 expend them as agent or trustee.
   §  4.  The  second  undesignated paragraph of subdivision 5 of section
 6301 of the education law is REPEALED.
   § 5. The closing paragraph of paragraph (a) of subdivision 2  and  the
 closing  paragraph  of paragraph (a) of subdivision 3 of section 6455 of
 the education law are REPEALED.
   § 6. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law; provided, however, that section two of this act shall
 take effect on the same date as the reversion of paragraph (a) of subdi-
 vision  7 of section 6206 of the education law as provided in section 16
 of chapter 260 of the laws of 2011, as amended; provided further, howev-
 er, that the amendments to paragraph (a-1) of subdivision 7  of  section
 6206  of  the  education law made by section three of this act shall not
 affect the repeal of such paragraph and shall be deemed repealed  there-
 with.

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Senate Bill S8365

Sponsored By

Archive: Last Bill Status - In Senate Committee Higher Education Committee

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co-Sponsors

2023-S8365 (ACTIVE) - Details

2023-S8365 (ACTIVE) - Summary

2023-S8365 (ACTIVE) - Sponsor Memo

2023-S8365 (ACTIVE) - Bill Text download pdf

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Sponsored By

Robert Jackson

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Actions

co-Sponsors

Shelley B. Mayer

Luis R. Sepúlveda

2023-S8365 (ACTIVE) - Details

2023-S8365 (ACTIVE) - Summary

2023-S8365 (ACTIVE) - Sponsor Memo

2023-S8365 (ACTIVE) - Bill Text download pdf

Comments