S T A T E O F N E W Y O R K
________________________________________________________________________
10541
I N A S S E M B L Y
March 10, 2026
___________
Introduced by M. of A. POWERS -- read once and referred 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:
Section 1. Subdivisions 3 and 4 of section 6305 of the education law,
subdivision 3 as amended by chapter 542 of the laws of 2022 and subdivi-
sion 4 as amended by section 2 of part V of chapter 57 of the laws of
2013, are amended and a new subdivision 4-a is added 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 such
chief fiscal officer of satisfactory evidence in-person or electron-
ically, issue to any person desiring to enroll in a community college as
a non-resident student, a certificate of residence form showing that
said person is a resident of said county. No such chief fiscal officer
shall require a person desiring to enroll in a community college as a
non-resident student to disclose or furnish his or her social security
number. 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 county, OR THAT SUCH PERSON IS NOT SUBJECT TO RULES OR
REGULATIONS PROMULGATED UNDER SUBDIVISION FOUR-A OF THIS SECTION, the
person applying may appeal, in writing, electronically or by mail, 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 state university trus-
tees, shall make a determination 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 person shall, upon registration
for each college year, file with the college such a certificate of resi-
dence form issued not earlier than two months prior thereto, and such
certificate of residence form shall be valid for a period of one year
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
A. 10541 2
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, OR AS
OTHERWISE PROVIDED BY RULES OR REGULATIONS PROMULGATED PURSUANT TO
SUBDIVISION FOUR-A OF THIS SECTION, 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. 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, shall notify the chief
fiscal officers of each county of the approved annual operating and
capital charge-back rate for each community 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.
4-A. NOTWITHSTANDING ANY PROVISION OF LAW, RULE, OR REGULATION TO THE
CONTRARY, THE STATE UNIVERSITY TRUSTEES ARE AUTHORIZED AND DIRECTED TO
PROMULGATE RULES OR REGULATIONS SETTING FORTH: (A) A SCHEDULE OF LATE
FEES AND EXCEPTIONS THEREOF FOR A STUDENT SUBMITTING A CERTIFICATE OF
RESIDENCE FORM AFTER THE DEADLINE OTHERWISE PRESCRIBED BY SUBDIVISION
FOUR OF THIS SECTION FOR SUCH SUBMISSION, BUT WITHIN THE RELEVANT SEMES-
TER OR TERM; AND (B) A RECONCILIATION PROCESS FOR VALID FORMS RECEIVED
AFTER THE LIST OF NON-RESIDENT STUDENTS WAS SENT TO A COUNTY PURSUANT TO
SUBDIVISION FOUR OF THIS SECTION.
§ 2. This act shall take effect immediately.