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A02919 Summary:

BILL NOA02919
 
SAME ASNo Same As
 
SPONSORJensen
 
COSPNSRBrown E, Bendett, Manktelow, Lemondes, Gallahan, Giglio JM, Angelino
 
MLTSPNSR
 
Amd §6301, Ed L
 
Includes active duty military and certain veterans going to college under the new GI bill in the definition of resident as it relates to community colleges and state-aided four-year colleges.
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A02919 Actions:

BILL NOA02919
 
02/01/2023referred to higher education
01/03/2024referred to higher education
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A02919 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2919
 
SPONSOR: Jensen
  TITLE OF BILL: 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   PURPOSE OR GENERAL IDEA OF BILL: Allows for any person who is serving or has served in active duty of the United State Military under the provisions of the legislation to be considered a resident of the State of New York.   SUMMARY OF SPECIFIC PROVISIONS: Adds the following language to read: Provided, further, that any person who is serving or has served in active duty of the United States mili- tary, 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 attend- ing any community college or state-aided four-year college under the federal post-9/11 veteran's educational assistance act of 2008, public law 110-252, supplemental appropriations act, 2008, shall be considered a resident for the purpose of this article.   JUSTIFICATION: Under current law, after serving in active duty, our soldiers who choose to come to New York State to study at State University of New York (SUNY) colleges are charged out-of-state tuition. This often results in significant tuition bills, as the federal GI bill does not fully cover the cost of out-of-state SUNY tuition. This bill will allow for anyone who has served in active duty in the United States military to attend SUNY colleges and universities as a resident of the State of the New York; thereby, waiving the residency requirements. The men and women who provide honorable service to our country should be able to attend college here in New York without worrying about extra cost that might fall to them because they are not yet a resident. We should be encourag- ing our service men and women to come to New York, study at our colleges and universities and start their future in New York State.   LEGISLATIVE HISTORY: A.4299 of 2021/22 A.6034 of 2019/2020   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: Immediately.
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A02919 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2919
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 1, 2023
                                       ___________
 
        Introduced by M. of A. JENSEN -- read once and referred to the Committee
          on Higher Education
 
        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:
 
     1    Section 1. Subdivision 5 of section 6301  of  the  education  law,  as
     2  amended  by  chapter  327  of the laws of 2002, the opening paragraph as
     3  amended by chapter 669 of the laws  of  2022,  is  amended  to  read  as
     4  follows:
     5    5.  "Resident."  A person who has resided in the state for a period of
     6  at least one year and in the county,  city,  town,  intermediate  school
     7  district,  school  district or community college region, as the case may
     8  be, for a period of at least six months, both immediately preceding  the
     9  date  of  such  person's registration in a community college or, for the
    10  purposes of section sixty-three hundred five of this article, his or her
    11  application for a certificate of residence; provided, however, that this
    12  term shall include any student who is not a resident of New York  state,
    13  other  than  a  non-immigrant noncitizen within the meaning of paragraph
    14  (15) of subsection (a) of section 1101 of title 8 of the  United  States
    15  Code, if such student:
    16    (i)  attended  an approved New York high school for two or more years,
    17  graduated from an approved New York high school and applied for  attend-
    18  ance at an institution or educational unit of the state university with-
    19  in five years of receiving a New York state high school diploma; or
    20    (ii)  attended  an  approved New York state program for general equiv-
    21  alency diploma exam preparation, received a general equivalency  diploma
    22  issued  within  New York state and applied for attendance at an institu-
    23  tion or educational unit of the state university within  five  years  of
    24  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.
                                                                   LBD04864-01-3

        A. 2919                             2
 
     1    (iii)  was enrolled in an institution or educational unit of the state
     2  university in the fall semester or quarter of the two thousand  one--two
     3  thousand  two  academic  year  and was authorized by such institution or
     4  educational unit to pay tuition  at  the  rate  or  charge  imposed  for
     5  students who are residents of the state.
     6    Provided,  further,  that  a student without lawful immigration status
     7  shall also be required to file an affidavit  with  such  institution  or
     8  educational  unit  stating  that the student has filed an application to
     9  legalize his or her immigration status, or will file such an application
    10  as soon as he or she is eligible to do so.
    11    Provided, further, that any person who is serving  or  has  served  in
    12  active  duty  of the United States military, including the United States
    13  navy, marines, army or air force, during  a  war  in  which  the  United
    14  States  engaged and who has been released from such service by any means
    15  other than by dishonorable discharge, or who has been furloughed to  the
    16  reserve  and who is attending any community college or state-aided four-
    17  year college under the federal post-9/11 veterans educational assistance
    18  act of 2008, public law 110-252, supplemental appropriations act,  2008,
    19  shall be considered a resident for the purposes of this article.
    20    In the event that a person qualified as above for state residence, but
    21  has  been a resident of two or more counties in the state during the six
    22  months immediately preceding his application for a certificate of  resi-
    23  dence  pursuant  to  section  sixty-three hundred five of this [chapter]
    24  article, the charges to the counties of  residence  shall  be  allocated
    25  among  the  several  counties  proportional  to the number of months, or
    26  major fraction thereof, of residence in each county.
    27    § 2. This act shall take effect immediately.
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