[Third Reprint]

SENATE, No. 2479

STATE OF NEW JERSEY

215th LEGISLATURE

 

INTRODUCED JANUARY 14, 2013

 


Sponsored by:

Senator  M. TERESA RUIZ

District 29 (Essex)

Senator  NELLIE POU

District 35 (Bergen and Passaic)

Senator  SANDRA B. CUNNINGHAM

District 31 (Hudson)

Senator  STEPHEN M. SWEENEY

District 3 (Cumberland, Gloucester and Salem)

Assemblyman  GORDON M. JOHNSON

District 37 (Bergen)

Assemblywoman  MARLENE CARIDE

District 36 (Bergen and Passaic)

Assemblywoman  ANNETTE QUIJANO

District 20 (Union)

Assemblywoman  VALERIE VAINIERI HUTTLE

District 37 (Bergen)

Assemblywoman  GABRIELA M. MOSQUERA

District 4 (Camden and Gloucester)

Assemblyman  GARY S. SCHAER

District 36 (Bergen and Passaic)

Assemblyman  BENJIE E. WIMBERLY

District 35 (Bergen and Passaic)

Assemblyman  LOUIS D. GREENWALD

District 6 (Burlington and Camden)

Assemblyman  VINCENT PRIETO

District 32 (Bergen and Hudson)

 

Co-Sponsored by:

Senators Lesniak, Stack, Buono, Gill, Gordon, Norcross, Codey, Sacco, Whelan, Assemblywoman Jimenez, Assemblymen Diegnan, Green, Giblin, Assemblywomen Watson Coleman, Jasey, Assemblymen Gusciora, Ramos, Fuentes and Assemblywoman Tucker

 

SYNOPSIS

     Allows certain students including undocumented immigrants who meet certain criteria to qualify for in-State tuition at public institutions of higher education.

 

CURRENT VERSION OF TEXT

     As amended on December 19, 2013 by the Senate pursuant to the Governor's recommendations.

  


An Act concerning tuition rates 3[and financial aid]3 for certain students and supplementing chapter 62 3[and chapter 71B]3 of Title 18A of the New Jersey Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  Notwithstanding the provisions of any law or regulation to the contrary, a student, other than a nonimmigrant alien within the meaning of section 101 (a)(15) of the "Immigration and Nationality Act," (8 U.S.C. s.1101(a)(15)), shall be exempt from paying 2[nonresident] out-of-State2 tuition at a public institution of higher education if the student:

     (1)   attended high school in this State for three or more years;

     (2)   graduated from a high school in this State or received the equivalent of a high school diploma in this State;

     (3)   registers as an entering student or is currently enrolled in a public institution of higher education not earlier than the fall semester of the 2013-2014 academic year; 1and1

     (4)   in the case of a person without lawful immigration status, files an affidavit with the institution of higher education stating that the student has filed an application to legalize his immigration status or will file an application as soon as he is eligible to do so 1[; and

     (5)   in the case of a person without lawful immigration status, meets the eligibility criteria, and has submitted a request to the United States Citizenship and Immigration Services, for consideration of the United States Department of Homeland Security’s deferred action for childhood arrivals process]1.

     b.    Student information obtained in the implementation of this section shall be confidential.

     c.    The Secretary of Higher Education shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the provisions of this section.

 

     3[2. a.  Notwithstanding the provisions of N.J.S.18A:71B-2 or any other law or regulation to the contrary, a student who meets the requirements of section 1 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill) is eligible to apply for, and participate in, any student financial aid program administered by the Higher Education Student Assistance Authority 1or the Secretary of Higher Education1 to the full extent permitted by federal law.  The Legislature finds and declares that this section is a state law within the meaning of section 411(d) of the “Personal Responsibility and Work Opportunity Reconciliation Act of 1996” (8 U.S.C. s.1621(d)).

     b.    The Higher Education Student Assistance Authority 1and the Secretary of Higher Education1 shall establish procedures and forms that enable students who meet the requirements of section 1 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill) to apply for, and participate in, all student financial aid programs administered by the Higher Education Student Assistance Authority 1 and the Secretary of Higher Education1 to the full extent permitted by federal law.

     c.    The Higher Education Student Assistance Authority 1and the Secretary of Higher Education1 shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the provisions of this section.]3

 

     3[3. 2[This] Section 1 of this2 act shall take effect immediately 2and section 2 of this act shall take effect in the 2014-2015 academic year2.] 2.  This act shall take effect immediately.3