Provides for the electronic submission of certificates of residence by community college enrollees; prohibits a community college chief fiscal officer from requiring a person desiring to enroll in a community college as a non-resident student to disclose or furnish his or her social security number.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10426
SPONSOR: Rules (Glick) TITLE OF BILL:
An act to amend the education law, in relation to certificates of resi-
dence required of community college enrollees
PURPOSE OR GENERAL IDEA OF BILL:
To allow community college students to obtain a certificate of residence
from their county of residence electronically on a permanent basis.
Additionally, this bill mandates the removal of social security numbers
from all county certificate of residence applications in order to make
resident tuition accessible to all eligible students.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 allows community college students to apply for certificates of
residence from counties via electronic means. Additionally, this section
prohibits counties from mandating social security numbers as a condition
of application for a certificate of residence. It also authorizes the
SUNY Board of Trustees to promulgate regulations to effectuate the
provisions of this subdivision.
Section 2 establishes the effective date.
JUSTIFICATION:
In order to be eligible for resident tuition at community colleges,
students must obtain a certificate of residence from the county of their
permanent residence and submit the certificate to the College within the
first 30 days of each semester. Often counties require students to
obtain certificates of residence in-person. This can be prohibitive to
students who cannot travel to the County Office during regular business
hours. Under EO 202.11 during the COVID-19 pandemic, students were
provided the opportunity to obtain such certificates via electronic
means. This legislation would allow students to continue to be able to
apply for certificates of residence either in person or online.
There is no requirement that students provide social security numbers to
prove residency, yet some counties require that students, or parents of
students under 21, submit a social security number within order to
obtain a certificate of residence. This can be prohibitive to students
who may not have a social security number, while meeting all require-
ments necessary to demonstrate permanent residence.
PRIOR LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
July 1, 2023.
STATE OF NEW YORK
________________________________________________________________________
10426
IN ASSEMBLY
May 18, 2022
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Glick) --
read once and referred to the Committee on Higher Education
AN ACT to amend the education law, in relation to certificates of resi-
dence required of community college enrollees
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 6305 of the education law, as
2 amended by section 2 of part V of chapter 57 of the laws of 2013, is
3 amended to read as follows:
4 3. The chief fiscal officer of each county, as defined in section 2.00
5 of the local finance law, shall, upon application and submission to
6 [him] such chief fiscal officer of satisfactory evidence in-person or
7 electronically, issue to any person desiring to enroll in a community
8 college as a non-resident student, a certificate of residence form show-
9 ing that said person is a resident of said county. No such chief fiscal
10 officer shall require a person desiring to enroll in a community college
11 as a non-resident student to disclose or furnish his or her social secu-
12 rity number. If the chief fiscal officer of a county refuses to issue
13 such a certificate on the ground that the person applying therefor is
14 not a resident of such county, the person applying may appeal, in writ-
15 ing, electronically or by mail, to the chancellor of the state universi-
16 ty. The chancellor of the state university, or such officers or employ-
17 ees thereof as shall be designated by the chancellor in a manner
18 authorized by the state university trustees, shall make a determination
19 after a hearing, upon ten days' notice to such chief fiscal officer of
20 the county, and such determination shall be final and binding on the
21 county. Such person shall, upon [his] registration for each college
22 year, file with the college such a certificate of residence form issued
23 not earlier than two months prior thereto, and such certificate of resi-
24 dence form shall be valid for a period of one year from the date of
25 issuance. The state university trustees shall be authorized to promul-
26 gate regulations to effectuate the provisions of this subdivision.
27 § 2. This act shall take effect July 1, 2023.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15914-01-2
