S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10026
 
                           I N  A S S E M B L Y
 
                              April 29, 2022
                                ___________
 
 Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
   on Higher Education
 
 AN ACT to amend the education law, in  relation  to  affidavits  of  the
   lawful immigration status of certain students
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The closing paragraph of paragraph a and the closing  para-
 graph  of  paragraph  b of subdivision 5 of section 661 of the education
 law, as amended by chapter 26 of the laws of 2019, are amended  to  read
 as follows:
   Provided,  further,  that  a student without lawful immigration status
 shall also be required to file an affidavit  with  such  institution  of
 higher  education  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.    SUCH  AFFIDAVIT  SHALL  BE
 PROVIDED  IN A UNIFORM ONLINE FORMAT FOR QUALIFYING STUDENTS TO FILL OUT
 AND SUBMIT TO THE INSTITUTION OF HIGHER EDUCATION.
   Provided, further, that a student without  lawful  immigration  status
 shall  also  be  required  to file an affidavit with such institution of
 higher education 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.  SUCH AFFIDAVIT SHALL BE
 PROVIDED IN A UNIFORM ONLINE FORMAT FOR QUALIFYING STUDENTS TO FILL  OUT
 AND SUBMIT TO THE INSTITUTION OF HIGHER EDUCATION.
   §  2.  Section  355  of  the  education law is amended by adding a new
 subdivision 22 to read as follows:
   22. THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF  NEW  YORK  SHALL
 ESTABLISH  A UNIFORM AFFIDAVIT TO BE PROVIDED IN AN ONLINE FORMAT TO ALL
 STUDENTS WHO ARE REQUIRED TO FILE AN AFFIDAVIT WITH  AN  INSTITUTION  OF
 THE  STATE UNIVERSITY STATING THAT SUCH STUDENT HAS FILED AN APPLICATION
 TO LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICA-
 TION AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11719-03-2
 A. 10026                            2
              

 
   § 3. The closing paragraph  of  paragraph  (a)  of  subdivision  7  of
 section 6206 of the education law, as amended by chapter 327 of the laws
 of 2002, is amended to read as follows:
   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 eligi-
 ble to do so. SUCH AFFIDAVIT SHALL  BE  PROVIDED  IN  A  UNIFORM  ONLINE
 FORMAT FOR QUALIFYING STUDENTS TO FILL OUT AND SUBMIT TO THE INSTITUTION
 OF  HIGHER  EDUCATION.  The  trustees shall not adopt changes in tuition
 charges prior to the enactment of the annual budget. The board of  trus-
 tees  may  accept as partial reimbursement for the education of veterans
 of the armed forces of the United States  who  are  otherwise  qualified
 such  sums  as  may  be authorized by federal legislation to be paid for
 such education. The board of trustees may conduct on a fee basis  exten-
 sion courses and courses for adult education appropriate to the field of
 higher  education.  In  all  courses and courses of study it may, in its
 discretion, require students to pay library, laboratory, locker,  break-
 age and other instructional and non-instructional fees and meet the cost
 of  books and consumable supplies. In addition to the foregoing fees and
 charges, the board of trustees may impose and collect fees  and  charges
 for  student  government  and  other  student activities and receive and
 expend them as agent or trustee.
   § 4. The closing paragraph of paragraph  (a-1)  of  subdivision  7  of
 section 6206 of the education law, as amended by chapter 260 of the laws
 of 2011, is amended to read as follows:
   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 eligi-
 ble to do so. SUCH AFFIDAVIT SHALL  BE  PROVIDED  IN  A  UNIFORM  ONLINE
 FORMAT FOR QUALIFYING STUDENTS TO FILL OUT AND SUBMIT TO THE INSTITUTION
 OF  HIGHER EDUCATION. Except as otherwise authorized in paragraph (a) of
 this subdivision, the trustees shall not adopt changes in tuition charg-
 es prior to the enactment of the annual budget. The  board  of  trustees
 may accept as partial reimbursement for the education of veterans of the
 armed  forces of the United States who are otherwise qualified such sums
 as may be authorized by federal legislation to be paid for  such  educa-
 tion. The board of trustees may conduct on a fee basis extension courses
 and  courses  for  adult  education  appropriate  to the field of higher
 education.  In  all  courses  and  courses  of  study  it  may,  in  its
 discretion,  require students to pay library, laboratory, locker, break-
 age and other instructional and non-instructional fees and meet the cost
 of books and consumable supplies. In addition to the foregoing fees  and
 charges,  the  board of trustees may impose and collect fees and charges
 for student government and other  student  activities  and  receive  and
 expend them as agent or trustee.
   §  5.  The  second  undesignated paragraph of 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:
   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.  SUCH  AFFIDAVIT  SHALL  BE
 A. 10026                            3
 
 PROVIDED  IN A UNIFORM ONLINE FORMAT FOR QUALIFYING STUDENTS TO FILL OUT
 AND SUBMIT TO THE INSTITUTION OF HIGHER EDUCATION.
   §  6.  The closing paragraph of paragraph (a) of subdivision 2 and the
 closing paragraph of paragraph (a) of subdivision 3 of section  6455  of
 the  education  law,  as  amended by chapter 26 of the laws of 2019, are
 amended to read as follows:
   Provided, further, that a student without  lawful  immigration  status
 shall  also  be  required  to file an affidavit with such institution of
 higher education 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. SUCH AFFIDAVIT SHALL BE
 PROVIDED IN A UNIFORM ONLINE FORMAT FOR QUALIFYING STUDENTS TO FILL  OUT
 AND SUBMIT TO THE INSTITUTION OF HIGHER EDUCATION.
   Provided,  further,  that  a student without lawful immigration status
 shall also be required to file an affidavit  with  such  institution  of
 higher  education  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.  SUCH  AFFIDAVIT  SHALL  BE
 PROVIDED  IN A UNIFORM ONLINE FORMAT FOR QUALIFYING STUDENTS TO FILL OUT
 AND SUBMIT TO THE INSTITUTION OF HIGHER EDUCATION.
   § 7. This act shall take effect on the sixtieth  day  after  it  shall
 have  become  a  law;  provided, however, that section three of this act
 shall take effect on the same date as the reversion of paragraph (a)  of
 subdivision  7  of  section  6206  of  the  education law as provided in
 section 16 of chapter 260 of the laws  of  2011,  as  amended;  provided
 further,  however, that the amendments to paragraph (a-1) of subdivision
 7 of section 6206 of the education law made by section four of this  act
 shall  not  affect  the  repeal  of  such  paragraph and shall be deemed
 repealed therewith.