Authorizes the state university trustees to promulgate rules or regulations relating to late fees and exceptions for students submitting certificate of residence forms, and a reconciliation process for such forms received after the list of non-resident students was sent to a county.
STATE OF NEW YORK
________________________________________________________________________
9612
IN SENATE
March 30, 2026
___________
Introduced by Sen. HINCHEY -- 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 certificate of resi-
dence policies for community colleges
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 3 and 4 of section 6305 of the education law,
2 subdivision 3 as amended by chapter 542 of the laws of 2022 and subdivi-
3 sion 4 as amended by section 2 of part V of chapter 57 of the laws of
4 2013, are amended and a new subdivision 4-a is added to read as follows:
5 3. The chief fiscal officer of each county, as defined in section 2.00
6 of the local finance law, shall, upon application and submission to such
7 chief fiscal officer of satisfactory evidence in-person or electron-
8 ically, issue to any person desiring to enroll in a community college as
9 a non-resident student, a certificate of residence form showing that
10 said person is a resident of said county. No such chief fiscal officer
11 shall require a person desiring to enroll in a community college as a
12 non-resident student to disclose or furnish his or her social security
13 number. If the chief fiscal officer of a county refuses to issue such a
14 certificate on the ground that the person applying therefor is not a
15 resident of such county, or that such person is not subject to rules or
16 regulations promulgated under subdivision four-a of this section, the
17 person applying may appeal, in writing, electronically or by mail, to
18 the chancellor of the state university. The chancellor of the state
19 university, or such officers or employees thereof as shall be designated
20 by the chancellor in a manner authorized by the state university trus-
21 tees, shall make a determination after a hearing, upon ten days' notice
22 to such chief fiscal officer of the county, and such determination shall
23 be final and binding on the county. Such person shall, upon registration
24 for each college year, file with the college such a certificate of resi-
25 dence form issued not earlier than two months prior thereto, and such
26 certificate of residence form shall be valid for a period of one year
27 from the date of issuance. The state university trustees shall be
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15184-01-6
S. 9612 2
1 authorized to promulgate regulations to effectuate the provisions of
2 this subdivision.
3 4. If, pursuant to subdivision two of this section, a community
4 college elects to charge to and collect an allocable portion of the
5 operating costs and a further sum on account of capital costs of such
6 college from each county which has issued a certificate form or certif-
7 icates of residence forms pursuant to subdivision three of this section,
8 on the basis of which non-resident students are attending such community
9 college, the president of such community college shall, within forty-
10 five days after the commencement of each college term or program, or as
11 otherwise provided by rules or regulations promulgated pursuant to
12 subdivision four-a of this section, submit to the chief fiscal officer
13 of each county a list of non-resident students attending such college on
14 the basis of such certificates of residence form and a voucher for the
15 amount payable by each county for these students. Such list and voucher
16 shall be determined on the basis of non-resident students enrolled in
17 the program as of the end (or last day) of the third week of the
18 commencement for a program scheduled for one semester, the end of the
19 second for a program scheduled for an academic quarter and the end of
20 the first week for any program scheduled to be completed in thirty days
21 or less. The chancellor of the state university, or such officers or
22 employees thereof as shall be designated by the chancellor in the manner
23 authorized by the state university trustees, shall notify the chief
24 fiscal officers of each county of the approved annual operating and
25 capital charge-back rate for each community college. The amount billed
26 to the chief fiscal officer of each county by the president of such
27 community college as a charge for the allocable portion of the operating
28 costs and a further sum on account of capital costs of such college for
29 non-resident students shall be paid to the chief fiscal officer of such
30 college by the billed county no later than sixty days after the county
31 receives said billing.
32 4-a. Notwithstanding any provision of law, rule, or regulation to the
33 contrary, the state university trustees are authorized and directed to
34 promulgate rules or regulations setting forth: (a) a schedule of late
35 fees and exceptions thereof for a student submitting a certificate of
36 residence form after the deadline otherwise prescribed by subdivision
37 four of this section for such submission, but within the relevant semes-
38 ter or term; and (b) a reconciliation process for valid forms received
39 after the list of non-resident students was sent to a county pursuant to
40 subdivision four of this section.
41 § 2. This act shall take effect immediately.
