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Certificate of Residence Policies for Community Colleges

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Summary

NY Senate Bill S9612 passed the Senate, amending Education Law Section 6305 to require the SUNY Board of Trustees to promulgate rules on late fees and exceptions for certificate of residence form submissions at community colleges. The bill also mandates a reconciliation process for late submissions received after the county non-resident student list has been sent.

What changed

NY Senate Bill S9612 proposes to amend Education Law Section 6305 to direct the State University of New York Board of Trustees to establish formal rules governing late fees and exceptions related to certificate of residence form submissions at community colleges. The bill also requires the SUNY Board to create a reconciliation process for handling residence certificate forms received after the county has already transmitted its list of non-resident students.

Affected parties include SUNY community colleges, county governments involved in residency verification, and students who may face late submission issues. Once enacted, SUNY will need to initiate formal rulemaking to establish specific late fee amounts, exception criteria, and the reconciliation process. Community college administrators should begin reviewing current late fee policies and form submission procedures in anticipation of forthcoming SUNY regulatory requirements.

What to do next

  1. SUNY Board of Trustees should prepare to promulgate rules on late fee policies and exceptions for certificate of residence submissions
  2. Community college administrators should monitor for SUNY rulemaking on reconciliation procedures for late residence certificate forms
  3. Students and prospective community college enrollees should track Assembly progress on A10541 for final enactment status

Archived snapshot

Apr 8, 2026

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Senate

      Bill
      S9612

2025-2026 Legislative Session Relates to certificate of residence policies for community colleges

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Sponsored By

Michelle Hinchey

(D, WF) 41st Senate District

Current

        Bill Status
          Via
    A10541
        - Passed Senate

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Votes

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2025-S9612

       (ACTIVE)
      - Details

See Assembly Version of this Bill: A10541 Law Section: Education Law Laws Affected: Amd §6305, Ed L

2025-S9612

           (ACTIVE)
          - Summary

Authorizes the state university trustees to promulgate rules or regulations relating to late fees and exceptions for students submitting certificate of residence forms, and a reconciliation process for such forms received after the list of non-resident students was sent to a county.

2025-S9612

         (ACTIVE)
        - Sponsor Memo

BILL NUMBER: S9612

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the education law, in relation to certificate of resi-
dence policies for community colleges

 
PURPOSE:

To direct the State University of New York Board of Trustees to promul-
gate rules and regulations regarding late fees and exceptions to the
submission deadline for certificate of residence forms for community
college.

 
SUMMARY OF PROVISIONS:

Section one would direct the State University of New York (SUNY)Board of
Trustees to promulgate rules and regulations regarding late fees and
exceptions to the deadline for certificate of residence form submission
for community college. Section one would also direct the SUNY Board of
Trustees to establish a reconciliation process for forms submitted after
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2025-S9612

       (ACTIVE)
      - Bill Text [download pdf](https://legislation.nysenate.gov/pdf/bills/2025/s9612)

S T A T E O F N E W Y O R K


                               9612

                         I N  S E N A T E

                          March 30, 2026
                            ___________

Introduced by Sen. HINCHEY -- 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 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
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(46
Lines)

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Named provisions

Certificate of Residence Policies Late Fee Regulations Reconciliation Process

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Last updated

Classification

Agency
NY Senate
Instrument
Consultation
Legal weight
Non-binding
Stage
Consultation
Change scope
Substantive
Document ID
2025 NY S.B. 9612

Who this affects

Applies to
Educational institutions Government agencies Students
Industry sector
6111 Higher Education
Activity scope
Higher education administration Certificate of residence Residency verification
Geographic scope
New York US-NY

Taxonomy

Primary area
Education
Operational domain
Compliance
Topics
Government Contracting Financial Services

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