Bill Text: NJ A1254 | 2016-2017 | Regular Session | Introduced
Bill Title: "Higher Education Citizenship Equality Act;" defines domicile for dependent students for the purpose of eligibility for State student loans, grants, or scholarships and resident tuition rate.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Introduced - Dead) 2016-01-27 - Introduced, Referred to Assembly Higher Education Committee [A1254 Detail]
Download: New_Jersey-2016-A1254-Introduced.html
STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Assemblywoman MARLENE CARIDE
District 36 (Bergen and Passaic)
Assemblyman GORDON M. JOHNSON
District 37 (Bergen)
Assemblywoman ANGELICA M. JIMENEZ
District 32 (Bergen and Hudson)
Assemblyman GARY S. SCHAER
District 36 (Bergen and Passaic)
Assemblyman LOUIS D. GREENWALD
District 6 (Burlington and Camden)
Co-Sponsored by:
Assemblywoman Quijano, Assemblyman Diegnan, Assemblywoman Vainieri Huttle, Assemblymen Gusciora and Mukherji
SYNOPSIS
"Higher Education Citizenship Equality Act;" defines domicile for dependent students for the purpose of eligibility for State student loans, grants, or scholarships and resident tuition rate.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning higher education and supplementing chapter 62 and chapter 71B of Title 18A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known and may be cited as the "Higher Education Citizenship Equality Act."
2. a. A dependent student shall be considered domiciled in this State for the purposes of determining eligibility for a State student loan, grant, or scholarship if the student meets the following criteria:
(1) the student is a United States citizen;
(2) the student has resided in the State for a period of not less than 12 consecutive months immediately prior to the academic period for which State student assistance is being requested; and
(3) the student's parent or guardian provides the Higher Education Student Assistance Authority with documentation that the parent or guardian has filed a New Jersey and federal income tax return, or with evidence of withholding of income tax, for the most recent tax year.
b. A dependent student may not establish eligibility for a State student loan, grant, or scholarship pursuant to subsection a. of this section if the student's parent has not lived in this State for a period of at least 12 consecutive months immediately prior to the initial academic period for which State student assistance is being requested.
c. Nothing in this section shall be construed to affect the eligibility for a State student loan, grant, or scholarship of any student who does not meet the requirements of this section but is otherwise eligible for State student assistance in accordance with law or regulation.
3. a. A dependent student shall be considered domiciled in this State for the purposes of determining eligibility for the resident undergraduate tuition rate at a public institution of higher education if the student meets the following criteria:
(1) the student is a United States citizen; and
(2) the student has resided in the State for a period of not less than 12 consecutive months before first enrolling in a public institution of higher education
and, in the case of a county college student, resides in the county sponsoring the college before first enrolling at the college.
b. A dependent student may not establish eligibility for the resident undergraduate tuition rate pursuant to subsection a. of this section if the student's parent has not lived in this State for a period of at least 12 consecutive months immediately prior to the student's initial enrollment in a public institution of higher education.
c. Nothing in this section shall be construed to affect the eligibility for the resident undergraduate tuition rate of any student who does not meet the requirements of this section but is otherwise eligible for the resident undergraduate tuition rate at a public institution of higher education in accordance with law or regulation.
4. This act shall take effect immediately and shall first be applicable to the determination of State student assistance for the 2012-2013 academic year.
STATEMENT
The bill is entitled the "Higher Education Citizenship Equality Act." The bill defines domicile for purposes of qualifying U.S. citizen resident dependent students, with uncertain points of parental domicile, for State student loans, grants, scholarships and undergraduate tuition rates.
The bill addresses the difficult and unfair situation that faces some dependent students who were born in the country as U.S. citizens and are residents of the State, but who are unable to qualify for State student loans, grants, scholarships and undergraduate tuition rates due to the immigration status of the students' parents. Because the domicile status of a dependent student is determined by the domicile of the student's parents, many U.S. citizen resident dependent students of this State are unable to qualify for State student loans, grants, scholarships, and undergraduate tuition rates as a result of their parents' legal status in this country.
The bill provides that a dependent student is considered domiciled in the State for the purposes of determining eligibility for resident undergraduate tuition rates by qualifying under provisions (1) and (2) below and is considered domiciled in the State for the purposes of determining eligibility for State student loans, grants, scholarships, by qualifying under provisions (1) through (3) below.
(1) Citizenship: the student is a United States citizen.
(2) State Residence: the student and the student's parents have resided in New Jersey for a period of not less than 12 consecutive months immediately prior to the academic period for which State student assistance is being requested or, in the case of the undergraduate tuition rates, 12 consecutive months before first enrolling in a public institution.
(3) Income Tax Filing or Withholding for Loan, Grant, and Scholarship Applicants
For determining eligibility
for a State student loan, grant, or scholarship, but not resident undergraduate
tuition rates: the
student's parent or guardian must provide the Higher Education Student
Assistance Authority with documentation that the parent or guardian has filed a
State and federal income tax return, or has had income tax withheld.