Senate Bill S8994

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8994
 
                             I N  S E N A T E
 
                                May 3, 2022
                                ___________
 
 Introduced  by Sen. STAVISKY -- 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 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:

   Section 1. Subdivisions 3 and 4 of section 6305 of the education  law,
 as amended by section 2 of part V of chapter 57 of the laws of 2013, are
 amended to read as follows:
   3. The chief fiscal officer of each county, as defined in section 2.00
 of  the  local  finance  law,  shall, upon application and submission to
 [him] SUCH CHIEF FISCAL OFFICER of satisfactory evidence, issue  to  any
 person  desiring  to  enroll  in  a  community college as a non-resident
 student, a certificate of residence form,  IN  WHICH  THE  CHIEF  FISCAL
 OFFICER  SHALL  NOT  MANDATE  SOCIAL  SECURITY NUMBERS AS A CONDITION OF
 APPLICATION, showing that said person is a resident of said county.   ON
 AND  AFTER JULY FIRST, TWO THOUSAND TWENTY-THREE, THE CHIEF FISCAL OFFI-
 CER OF EACH COUNTY SHALL ACCEPT APPLICATION AND SUBMISSION OF  SATISFAC-
 TORY  EVIDENCE  IN PERSON AND ELECTRONICALLY FROM ANY PERSON DESIRING TO
 ENROLL IN A COMMUNITY COLLEGE AS A NON-RESIDENT STUDENT.  If  the  chief
 fiscal  officer  of  a county refuses to issue such a certificate on the
 ground that the person applying therefor is not a resident of such coun-
 ty, the person applying may  appeal  to  the  chancellor  of  the  state
 university.  The chancellor of the state university, OR SUCH OFFICERS OR
 EMPLOYEES THEREOF AS SHALL BE DESIGNATED BY THE CHANCELLOR IN  A  MANNER
 AUTHORIZED  BY THE TRUSTEES OF THE STATE UNIVERSITY, shall make a deter-
 mination after a hearing, upon ten days' notice  to  such  chief  fiscal
 officer of the county, and such determination shall be final and binding
 on  the  county. SUCH APPEAL SHALL BE MADE IN WRITING, ELECTRONICALLY OR
 BY MAIL. Such person shall, upon [his]  registration  for  each  college
 year,  file with the college such a certificate of residence form issued
 not earlier than two months prior thereto, and such certificate of resi-
 dence form shall be valid for a period of one  year  from  the  date  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15638-01-2
              

 S. 8994                             2
 
 issuance.  THE  TRUSTEES  OF THE STATE UNIVERSITY SHALL BE AUTHORIZED TO
 PROMULGATE REGULATIONS TO EFFECTUATE THE PROVISIONS OF THIS SUBDIVISION.
   4.  If,  pursuant  to  subdivision  two  of  this section, a community
 college elects to charge to and collect  an  allocable  portion  of  the
 operating  costs  and  a further sum on account of capital costs of such
 college from each county which has issued a certificate form or  certif-
 icates of residence forms pursuant to subdivision three of this section,
 on the basis of which non-resident students are attending such community
 college,  the  president  of such community college shall, within forty-
 five days after the commencement of each college term or program, submit
 to the chief fiscal officer  of  each  county  a  list  of  non-resident
 students  attending  such  college  on the basis of such certificates of
 residence form and a voucher for the amount payable by each  county  for
 these  students.  Such list and voucher shall be determined on the basis
 of non-resident students enrolled in the program as of the end (or  last
 day)  of  the third week of the commencement for a program scheduled for
 one semester, the end of the second  for  a  program  scheduled  for  an
 academic quarter and the end of the first week for any program scheduled
 to  be completed in thirty days or less, PROVIDED, HOWEVER, IF A STUDENT
 CAN DEMONSTRATE HARDSHIP IN MEETING THE DEADLINE, THE CHANCELLOR OF  THE
 STATE  UNIVERSITY,  OR  SUCH  OFFICERS  OR EMPLOYEES THEREOF AS SHALL BE
 DESIGNATED BY THE CHANCELLOR IN THE MANNER AUTHORIZED BY THE TRUSTEES OF
 THE STATE UNIVERSITY, SHALL HAVE THE DISCRETION TO OVERTURN THE COUNTY'S
 DECISION TO REJECT THE STUDENT'S  APPLICATION  FOR  THE  CERTIFICATE  OF
 RESIDENCE,  AND  THE  PRESIDENT OF SUCH COMMUNITY COLLEGE SHALL HAVE THE
 ABILITY TO AMEND ITS LIST TO THE COUNTY  TO  INCLUDE  ANY  SUCH  CHANGES
 AFTER  FORTY-FIVE DAYS. The chancellor of the state university, or [such
 officers or employees thereof as shall be designated by  the  chancellor
 in  the  manner  authorized by the state university trustees] HIS OR HER
 DESIGNEE, shall notify the chief fiscal officers of each county  of  the
 approved annual operating and capital charge-back rate for each communi-
 ty college. The amount billed to the chief fiscal officer of each county
 by the president of such community college as a charge for the allocable
 portion  of  the operating costs and a further sum on account of capital
 costs of such college for non-resident students shall  be  paid  to  the
 chief  fiscal officer of such college by the billed county no later than
 sixty days after the county receives said billing. THE TRUSTEES  OF  THE
 STATE UNIVERSITY SHALL BE AUTHORIZED TO PROMULGATE REGULATIONS TO EFFEC-
 TUATE THE PROVISIONS OF THIS SUBDIVISION.
   §  2. This act shall take effect one year after it shall have become a
 law.