NY State Senate Bill 2023-S5904

Current Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to higher education
Mar 22, 2023	referred to higher education

2023-S5904 (ACTIVE) - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§661, 355, 6206, 6301 & 6455, Ed L
Versions Introduced in 2021-2022 Legislative Session:: S9180

2023-S5904 (ACTIVE) - Summary

Relates to online affidavits of the lawful immigration status of certain students.

2023-S5904 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5904

SPONSOR: BRISPORT
 
TITLE OF BILL:

An act to amend the education law, in relation to affidavits of the
lawful immigration status of certain students

 
SUMMARY OF PROVISIONS:

Section one amends paragraph b of subdivision 5 of section 661 of the
education law, as amended by chapter 26 of the laws of 2019.

Section two amends Section 355 of the education law by adding a new
subdivision 21, requiring the board of trustees of the state university
of New York to establish certain uniform affidavits in an online format.

Section three amends paragraph (a) of subdivision 7 of section 6206 of
the education law, as amended by chapter 327 of the laws of 2002.

Section four amends paragraph (a-1) of subdivision 7 of section 6206 of
the education law, as amended by chapter 260 of the laws of 2011.

Section five amends paragraph of subdivision 5 of section 6301 of the
education law, as amended by chapter 327 of the laws of 2002.

Section six amends paragraph (a) of subdivision 2 and paragraph (a) of
subdivision 3 of section 6455 of the education law, as amended by chap-
ter 26 of the laws of 2019.

Section seven sets forth the effective date.

 
JUSTIFICATION:

In 2002, New York State allowed undocumented college students to pay
in-state-tuition if they met a set of standards and requirements. One of
those requirements was that impacted students would be required to file
an affidavit with the higher education institution that attested that
the student was in the process to legalize their immigration status.

Particularly after the 2016 presidential election, many students who
feared being identified by the federal government as being undocumented
decided not to enroll in college due to the requirement to file such an
affidavit. To complicate the problem, SUNY has not provided a uniform,
standard affidavit for impacted students to complete as part of their
enrollment. College advisors have given testimony at higher education
conferences that the affidavit has become a discouragement and barrier
to student enrollment.

The City University of New York identified this as a problem more than
fifteen years ago, and has provided a standard affidavit for impacted
students to complete during enrollment and application periods.  Provid-
ing a standard legal document to help students to meet the requirements
of the 2002 law has helped students who have limited resources and know-
how on the technicalities of how to obtain such an affidavit.

This legislation looks to have SUNY provide a standard process and affi-
davit for all of its colleges to help with student enrollment and reduce
this barrier which has persisted for years. The standard affidavit would
be available online for download and completion by impacted students.
There is no fiscal impact on SUNY in the implementation of this legis-
lation, and CUNY's affidavit can serve as a model document that can be
easily reproduced by SUNY.

With more undocumented students eligible to attend higher education
institutions after the passage of the Dream Act in 2019, it is important
for SUNY to assist impacted students with this simple and long-overdue
access to a standard affidavit as required by the 2002 law.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: S9180

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
On the sixtieth day after it shall have become law.

2023-S5904 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5904
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 22, 2023
                                ___________
 
 Introduced  by Sen. BRISPORT -- 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  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07716-01-3
 S. 5904                             2

 
 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.
   §  3.  The  closing  paragraph  of  paragraph  (a) of subdivision 7 of
 section 6206 of the education law, as amended by chapter 669 of the laws
 of 2022, 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 669 of the laws
 of 2022, 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
 S. 5904                             3
 
 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.
   §  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.

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Senate Bill S5904

Sponsored By

Current Bill Status - In Senate Committee Higher Education Committee

2023-S5904 (ACTIVE) - Details

2023-S5904 (ACTIVE) - Summary

2023-S5904 (ACTIVE) - Sponsor Memo

2023-S5904 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5904

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Sponsored By

Jabari Brisport

Current Bill Status - In Senate Committee Higher Education Committee

2023-S5904 (ACTIVE) - Details

2023-S5904 (ACTIVE) - Summary

2023-S5904 (ACTIVE) - Sponsor Memo

2023-S5904 (ACTIVE) - Bill Text download pdf

Comments