S07784 Summary:

BILL NO    S07784 

SAME AS    SAME AS A09612-A

SPONSOR    ESPADA

COSPNSR    

MLTSPNSR   

Amd SS355, 6206 & 6301, Ed L

Provides that payment of SUNY or CUNY tuition by certain nonresident students
shall be paid at a rate no greater than that imposed on resident students.
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S07784 Actions:

BILL NO    S07784 

06/20/2002 REFERRED TO RULES
06/20/2002 ORDERED TO THIRD READING CAL.1627
06/20/2002 MESSAGE OF NECESSITY - 3 DAY MESSAGE
06/20/2002 PASSED SENATE
06/20/2002 DELIVERED TO ASSEMBLY
06/20/2002 referred to ways and means
06/25/2002 substituted for a9612a
06/25/2002 ordered to third reading rules cal.1002
06/25/2002 passed assembly
06/25/2002 returned to senate
07/25/2002 DELIVERED TO GOVERNOR
08/06/2002 SIGNED CHAP.327
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S07784 Votes:

S07784 06/25/2002 77/70
AbbateYCohe A YFerraraNOJohnNOMcEnenyYRavitzERThieleNO
AcamporNOCohe M YFinchNOKaufmanYMcLaughYRive J YTitusY
AlfanoNOColmanYFlanagaNOKirwanNOMillerNORive PMYTocciNO
ArroyoYColtonYGalefNOKleinYMillmanYRobachNOTokaszY
AubryYConteNOGanttYKolbNOMillsNORobinsoYTonkoY
BacalleNOCookYGianariYKoonNOMironesNOSandersYTownsY
BarraNOCrouchNOGlickYLabriolNOMorelleYSanfordNOTownsenNO
BarragaNOCymbrowYGordonYLafayetYNesbittNOScarborYWarnerNO
BoylandYDavisYGottfriYLavelleYNolanYSchimmiNOWeinsteY
BoyleNODelMontNOGrannisYLentolYNormanYScozzafNOWeisenbY
BrennanYDestitoNOGreenYLevyNONortzNOSeddioYWeprinY
BrodskyYDiazYGreeneYLittleYOaksNOSeminerYWertzNO
BrownNODiNapolYGromackNOLopezYO'ConneNOSidikmaYWinnerNO
BurlingNODingaNOGuntherNOLusterYOrtizYSmithNOWirthNO
ButlerNODinowitYHayesNOMageeNOOrtloffNOSpanoNOWrightY
CahillYEddingtNOHeastieYMagnareNOParmentYStephenNOYoungNO
CalhounNOEnglebrNOHerbstNOManningNOPaulinNOStranieNOMr SpkrY
CanestrYErrigoNOHigginsNOMarkeyYPerryYStringeY
CarrozzNOEspaillYHikindYMatusowNOPhefferYSull ECY
CasaleNOEveYHooperYMayersoERPowellYSull F NO
ChristeNOFarrellYHoytYMcDonalNOPrentisNOSweeneyY
ClarkYFasoYJacobsYMcDonouNOPretlowYTediscoNO

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S07784 Memo:

Memo not available
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S07784 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7784
 
                    IN SENATE
 
                                      June 20, 2002
                                       ___________
 
        Introduced  by Sen. ESPADA -- (at request of the Governor) -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Rules
 
        AN ACT to amend the education law, in relation to payment of tuition and
          fees charged to nonresident students of the state  university  of  New
          York, the city university of New York and community colleges
 

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph h of subdivision 2 of section 355 of  the  educa-
     2  tion law is amended by adding a new subparagraph 8 to read as follows:
     3    (8) Such regulations shall further provide that the payment of tuition
     4  and  fees  by any student who is not a resident of New York state, other
     5  than a non-immigrant alien within  the  meaning  of  paragraph  (15)  of
     6  subsection  (a)  of  section  1101 of title 8 of the United States Code,
     7  shall be paid at a rate or charge  no  greater  than  that  imposed  for
     8  students who are residents of the state if such student:
     9    (i)  attended  an approved New York high school for two or more years,

    10  graduated from an approved New York high school and applied for  attend-
    11  ance at an institution or educational unit of the state university with-
    12  in five years of receiving a New York state high school diploma; or
    13    (ii)  attended  an  approved New York state program for general equiv-
    14  alency diploma exam preparation, received a general equivalency  diploma
    15  issued  within  New York state and applied for attendance at an institu-
    16  tion or educational unit of the state university within  five  years  of
    17  receiving a general equivalency diploma issued within New York state; or
    18    (iii)  was enrolled in an institution or educational unit of the state
    19  university in the fall semester or quarter of the two thousand  one--two

    20  thousand  two  academic  year  and was authorized by such institution or
    21  educational unit to pay tuition  at  the  rate  or  charge  imposed  for
    22  students who are residents of the state.
    23    A  student without lawful immigration status shall also be required to
    24  file an affidavit with such institution or educational unit stating that
    25  the student has filed an application to legalize his or her  immigration
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12410-02-2

        S. 7784                             2
 
     1  status,  or will file such an application as soon as he or she is eligi-

     2  ble to do so.
     3    §  2.  Paragraph (a) of subdivision 7 of section 6206 of the education
     4  law, as amended by chapter 344 of the laws of 1995, is amended  to  read
     5  as follows:
     6    (a)  The  board  of  trustees  shall establish positions, departments,
     7  divisions and faculties; appoint and in accordance with  the  provisions
     8  of  law  fix  salaries  of instructional and non-instructional employees
     9  therein; establish and conduct courses and curricula;  prescribe  condi-
    10  tions of student admission, attendance and discharge; and shall have the
    11  power  to  determine  in its discretion whether tuition shall be charged
    12  and to regulate tuition charges, and  other  instructional  and  non-in-
    13  structional  fees and other fees and charges at the educational units of
    14  the city university.  The  trustees  shall  not  impose  a  differential

    15  tuition  charge  based  upon  need  or  income. All students enrolled in
    16  programs leading to like degrees at the senior colleges shall be charged
    17  a uniform rate of tuition, except for differential tuition  rates  based
    18  on state residency.  The trustees shall further provide that the payment
    19  of  tuition  and  fees  by any student who is not a resident of New York
    20  state, other than a non-immigrant alien within the meaning of  paragraph
    21  (15)  of  subsection (a) of section 1101 of title 8 of the United States
    22  Code, shall be paid at a rate or charge no greater than that imposed for
    23  students who are residents of the state if such student:
    24    (i) attended an approved New York high school for two or  more  years,
    25  graduated  from an approved New York high school and applied for attend-

    26  ance at an institution or educational unit of the city university within
    27  five years of receiving a New York state high school diploma; or
    28    (ii) attended an approved New York state program  for  general  equiv-
    29  alency  diploma exam preparation, received a general equivalency diploma
    30  issued within New York state and applied for attendance at  an  institu-
    31  tion  or  educational  unit  of the city university within five years of
    32  receiving a general equivalency diploma issued within New York state; or
    33    (iii) was enrolled in an institution or educational unit of  the  city
    34  university  in the fall semester or quarter of the two thousand one--two
    35  thousand two academic year and was authorized  by  such  institution  or

    36  educational  unit  to  pay  tuition  at  the  rate or charge imposed for
    37  students who are residents of the state.
    38    A student without lawful immigration status shall also be required  to
    39  file an affidavit with such institution or educational unit stating that
    40  the  student has filed an application to legalize his or her immigration
    41  status, or will file such an application as soon as he or she is  eligi-
    42  ble  to  do  so. The trustees shall not adopt changes in tuition charges
    43  prior to the enactment of the annual budget.  The board of trustees  may
    44  accept  as  partial  reimbursement  for the education of veterans of the
    45  armed forces of the United States who are otherwise qualified such  sums
    46  as  may  be authorized by federal legislation to be paid for such educa-

    47  tion. The board of trustees may conduct on a fee basis extension courses
    48  and courses for adult education  appropriate  to  the  field  of  higher
    49  education.  In  all  courses  and  courses  of  study  it  may,  in  its
    50  discretion, require students to pay library, laboratory, locker,  break-
    51  age and other instructional and non-instructional fees and meet the cost
    52  of  books and consumable supplies. In addition to the foregoing fees and
    53  charges, the board of trustees may impose and collect fees  and  charges
    54  for  student  government  and  other  student activities and receive and
    55  expend them as agent or trustee.

        S. 7784                             3
 
     1    § 3. Subdivision 5 of section 6301 of the education law, as amended by
     2  chapter 552 of the laws of 1984, is amended to read as follows:

     3    5.  "Resident."  A person who has resided in the state for a period of
     4  at least one year and in the county,  city,  town,  intermediate  school
     5  district,  school  district or community college region, as the case may
     6  be, for a period of at least six months, both immediately preceding  the
     7  date  of  such  person's registration in a community college or, for the
     8  purposes of section sixty-three hundred five of this [chapter]  article,
     9  his  or her application for a certificate of residence; provided, howev-
    10  er, that this term shall include any student who is not  a  resident  of
    11  New  York  state, other than a non-immigrant alien within the meaning of
    12  paragraph (15) of subsection (a) of section  1101  of  title  8  of  the
    13  United States Code, if such student:

    14    (i)  attended  an approved New York high school for two or more years,
    15  graduated from an approved New York high school and applied for  attend-
    16  ance at an institution or educational unit of the state university with-
    17  in five years of receiving a New York state high school diploma; or
    18    (ii)  attended  an  approved New York state program for general equiv-
    19  alency diploma exam preparation, received a general equivalency  diploma
    20  issued  within  New York state and applied for attendance at an institu-
    21  tion or educational unit of the state university within  five  years  of
    22  receiving a general equivalency diploma issued within New York state; or
    23    (iii)  was enrolled in an institution or educational unit of the state

    24  university in the fall semester or quarter of the two thousand  one--two
    25  thousand  two  academic  year  and was authorized by such institution or
    26  educational unit to pay tuition  at  the  rate  or  charge  imposed  for
    27  students who are residents of the state.
    28    Provided,  further,  that  a student without lawful immigration status
    29  shall also be required to file an affidavit  with  such  institution  or
    30  educational  unit  stating  that the student has filed an application to
    31  legalize his or her immigration status, or will file such an application
    32  as soon as he or she is eligible to do so.
    33    In the event that a person qualified as above for state residence, but
    34  has been a resident of two or more counties in the state during the  six

    35  months  immediately preceding his application for a certificate of resi-
    36  dence pursuant to section sixty-three hundred five of this chapter,  the
    37  charges  to  the  counties  of  residence  shall  be allocated among the
    38  several counties proportional to the number of months, or major fraction
    39  thereof, of residence in each county.
    40    § 4. This act shall take effect July 1, 2002; provided that the amend-
    41  ments to paragraph (a) of subdivision 7 of section 6206 of the education
    42  law made by section two of this act shall be deemed to have been in full
    43  force and effect on and after December 31, 2001.
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