NY State Senate Bill 2023-S9094

Senate Bill S9094

2023-2024 Legislative Session

Provides that certain persons who are not residents of the state but who have resided in the state for a certain period of time shall be eligible for in-state tuition rates

download bill text pdf

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 22, 2024	referred to higher education

2023-S9094 (ACTIVE) - Details

See Assembly Version of this Bill:: A8403
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§355 & 6301, Ed L
Versions Introduced in 2025-2026 Legislative Session:: S1024

2023-S9094 (ACTIVE) - Summary

Provides that certain persons who are not residents of the state but who have resided in the state for a certain period of time and meet certain criteria shall be eligible for in-state tuition rates.

2023-S9094 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9094

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the education law, in relation to tuition rates for
certain students who are not residents of the state but who have resided
in the state for a certain period of time

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow undocumented students who have resided in the state for at
least one year to qualify for in-state tuition rates at SUNY and CUNY
colleges

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subparagraph 8 of paragraph h of subdivision 2 of
section 355 of the education law to remove education requirements to
qualify for in-state tuition rates for students who are not residents of
the state but who have resided in the state for at least one year.

Section 2 amends subdivision 5 of section 6301 of the education law
amends the definition of resident in the education law.

Section 3 sets the effective date.

 
JUSTIFICATION:

Offering undocumented students in-state tuition rates at public colleges
in New York State would have numerous benefits such as promoting access
to higher education, helping to alleviate financial burdens, strengthen-
ing New York's states workforce and economy, and fostering social inte-
gration and a sense of belonging.

Current law places onerous additional requirements on undocumented
students to qualify for in-state tuition rates. Eliminating these unnec-
essary extra requirements would help alleviate financial burden on
undocumented students and their families, allowing them to better inte-
grate into our state and pursue better futures. Many undocumented
students face economic challenges and may struggle to afford out-of-
state tuition fees. By offering, then the same rates as residents,
institutions make education more affordable and enable these students to
purse their academic aspirations without being hindered by financial
constraints.

Furthermore, offering in-state tuition rates to undocumented students
who are residing in New York can yield long-term economic benefits.
These students often bring valuable skills, talents, and diversity to
the local workforce. By supporting their education, colleges and univer-
sities help cultivate a well-educated and diverse talent pool that can
contribute to economic growth and innovation in the community. Undocu-
mented students who receive higher education are more likely to secure
stable employment and higher wages, leading to increased tax revenues
and economic development in the long run.

Finally, providing affordable education through in-state tuition rates
would promote access to higher education and equal opportunities for all
students, increasing enrollment and creating a more inclusive and
diverse learning environment, where students form different backgrounds
can contribute their unique perspectives and experiences. This fosters
social integration and promote a sense of belonging within the local
community.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
Immediately

2023-S9094 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9094
 
                             I N  S E N A T E
 
                              April 22, 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  tuition  rates  for
   certain  students  who  are  not  residents  of the state but who have
   resided in the state for a certain period of time

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph 8 of paragraph h of subdivision 2 of section
 355 of the education law, as amended by chapter 669 of the laws of 2022,
 is amended to read as follows:
   (8) Such regulations shall further provide that the payment of tuition
 and fees by any student who is not a resident of New York state[,  other
 than  a non-immigrant noncitizen within the meaning of paragraph (15) of
 subsection (a) of section 1101 of title 8 of the  United  States  Code,]
 shall  be  paid  at  a  rate  or charge no greater than that imposed for
 students who are residents of the state 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
 educational  unit  to  pay  tuition  at  the  rate or charge imposed for
 students who are residents of the state.
   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-

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

                                                            LBD13580-03-4
 S. 9094                             2

 ble to do so] 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 STATE-OPERATED INSTITUTION,  A  STATUTORY  OR
 CONTRACT COLLEGE, A COMMUNITY COLLEGE, OR SUCH STUDENT'S APPLICATION FOR
 A CERTIFICATE OF RESIDENCE.
   § 2. Subdivision 5 of section 6301 of the education law, as amended by
 chapter  327  of  the  laws of 2002, the opening paragraph as amended by
 chapter 669 of the laws of 2022, 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] OR WHICHEVER IS EARLIER,
 immediately preceding the date of such person's registration in a STATE-
 OPERATED  INSTITUTION,  A  STATUTORY OR CONTRACT COLLEGE, OR A community
 college or, for the purposes of section sixty-three hundred five of this
 article, [his or her] SUCH PERSON'S 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
 noncitizen  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
 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].  THE TERM "RESIDENT" SHALL
 ALSO INCLUDE A PERSON WHO HAS RESIDED IN THE COUNTY, CITY, TOWN,  INTER-
 MEDIATE SCHOOL DISTRICT, SCHOOL DISTRICT OR COMMUNITY COLLEGE REGION, AS
 THE CASE MAY BE, FOR A PERIOD OF AT LEAST SIX MONTHS IMMEDIATELY PRECED-
 ING  THE DATE OF SUCH PERSON'S REGISTRATION IN A STATE-OPERATED INSTITU-
 TION, A STATUTORY OR CONTRACT COLLEGE,  A  COMMUNITY  COLLEGE,  OR  SUCH
 PERSON'S APPLICATION FOR A CERTIFICATE OF RESIDENCE AND THE DATE OF SUCH
 PERSON'S  REGISTRATION  IN  A STATE-OPERATED INSTITUTION, A STATUTORY OR
 CONTRACT COLLEGE, OR A COMMUNITY COLLEGE OR, FOR THE PURPOSES OF SECTION
 SIXTY-THREE HUNDRED FIVE OF THIS ARTICLE, SUCH PERSON'S APPLICATION  FOR
 A  CERTIFICATE  OF  RESIDENCE    IF  SUCH  PERSON CAN SHOW THE FOLLOWING
 DOCUMENTATION:
   (I) AN EMPLOYMENT AUTHORIZATION DOCUMENT (EAD OR WORK PERMIT)  (I-766)
 WITH  THE  FOLLOWING  CODES:  (A)(3) FOR REFUGEE, (A)(5) FOR ASYLEE, AND
 (A)(10) FOR WITHHOLDING OF DEPORTATION OR REMOVAL;
 S. 9094                             3
 
   (II) AN I-94 ARRIVAL/DEPARTURE RECORD WITH AN EMPLOYMENT AUTHORIZATION
 STAMP AND THE NOTATION "ASYLUM GRANTED" OR "REFUGEE GRANTED"; AND
   (III)  A  DECISION  FROM THE UNITED STATES CITIZENSHIP AND IMMIGRATION
 SERVICES OR THE IMMIGRATION JUDGE  GRANTING  ASYLUM  OR  WITHHOLDING  OF
 DEPORTATION OR REMOVAL.
   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]  SUCH  PERSON'S  application  for  a
 certificate of residence pursuant to section sixty-three hundred five of
 this  chapter,  the  charges to the counties of residence shall be allo-
 cated among the several counties proportional to the number  of  months,
 or major fraction thereof, of residence in each county.
   § 3. This act shall take effect immediately.

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