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.
Ayes (61): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Excused (2): Perkins, Ranzenhofer
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: 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 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 military, 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 attending any community college or state-aided four year college under the federal post-9/I1 veterans 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 encouraging 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: 2012 - Referred to Higher Education
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 1978 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. ROBACH -- 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 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: Section 1. Subdivision 5 of section 6301 of the education law, as amended by chapter 327 of the laws of 2002, 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 immediately preceding the date of such person's registration in a community college or, for the purposes of section sixty-three hundred five of this article, his or her 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 alien 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; orEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05492-01-3 S. 1978 2
(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. PROVIDED, FURTHER, THAT ANY PERSON WHO IS SERVING OR HAS SERVED IN ACTIVE DUTY OF THE UNITED STATES MILITARY, 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 ATTENDING ANY COMMUNITY COLLEGE OR STATE-AIDED FOUR- YEAR COLLEGE UNDER THE FEDERAL POST-9/11 VETERANS EDUCATIONAL ASSISTANCE ACT OF 2008, PUBLIC LAW 110-252, SUPPLEMENTAL APPROPRIATIONS ACT, 2008, SHALL BE CONSIDERED A RESIDENT FOR THE PURPOSES OF THIS ARTICLE. 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 application for a certificate of resi- dence pursuant to section sixty-three hundred five of this
[chapter]ARTICLE, the charges to the counties of residence shall be allocated among the several counties proportional to the number of months, or major fraction thereof, of residence in each county. S 2. This act shall take effect immediately.