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

                                  6074

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 30, 2009
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the education law, in relation to the  determination  of
  tuition assistance program awards

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section  663  of  the  education  law,  as
amended  by  section  1  of part F of chapter 57 of the laws of 2009, is
amended to read as follows:
  1. Income defined. Except  as  otherwise  provided  in  this  section,
"income"  shall  be  the  total  of  the combined net taxable income and
income from pensions of New York state, local governments and the feder-
al government of the applicant, the applicant's spouse, and  the  appli-
cant's  parents as reported in New York state income tax returns for the
calendar year next preceding the beginning of the school year for  which
application  for  assistance is made, except that any amount received by
an applicant as a scholarship at an  educational  institution  or  as  a
fellowship grant, including the value of contributed services and accom-
modations,  shall  not be included within the definition of "income" for
the purposes of this article. The  term  "parent"  shall  include  birth
parents,  stepparents,  adoptive  parents  and the spouse of an adoptive
parent. Income, if not a whole dollar amount, shall  be  assumed  to  be
equal  to  the next lowest whole dollar amount. Any change in the status
of an applicant with regard to the INCOME OF THE APPLICANT OR THE INCOME
OF THE persons responsible for the applicant's support  occurring  after
the  beginning  of  any semester [shall not] MAY be considered to change
the applicant's award for that semester, PROVIDED THE APPLICANT  APPLIES
FOR  THE  ADJUSTMENT  TO  THE  APPLICANT'S  AWARD,  PROVIDES  SUPPORTING
DOCUMENTATION REGARDING THE CHANGE IN STATUS  AND  THAT  THE  CHANGE  IN
STATUS  WAS  CAUSED  BY  SUCH  PERSON'S,  OR  SUCH  PERSON'S SPOUSE'S OR
PARENT'S: (I) DEATH; (II) DIVORCE; (III) SEPARATION BY  JUDICIAL  DECREE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04891-02-9
              

S. 6074                             2

OR PURSUANT TO AN AGREEMENT OF SEPARATION WHICH IS FILED WITH A COURT OF
COMPETENT JURISDICTION; (IV) PERMANENT OR TOTAL PHYSICAL OR MENTAL DISA-
BILITY  WHICH  WOULD  PROHIBIT  SUCH  PERSON FROM EARNING AN INCOME; (V)
CIRCUMSTANCES  UNDER  WHICH  SUCH PERSON WHO IS A MEMBER OF THE FORCE OF
THE  ORGANIZED MILITIA, AS THE TERM IS DEFINED IN  SUBDIVISION  NINE  OF
SECTION  ONE OF THE MILITARY LAW OR WHO IS A MEMBER OF THE RESERVE ARMED
FORCES, AS THAT TERM IS DEFINED IN SUBDIVISION  TWENTY-NINE  OF  SECTION
TWO  HUNDRED  NINETY-TWO  OF  THE  EXECUTIVE  LAW, BECOMES ACTIVATED AND
RECEIVES ACTIVE DUTY PAY THAT IS LESS THAN THE AMOUNT  OF  CIVILIAN  PAY
BASED ON GROSS INCOME; OR (VI) CATASTROPHIC ILLNESS.
  S  2.  This  act  shall  take  effect on the same date and in the same
manner as section 1 of part F of chapter 57 of the laws of  2009,  takes
effect.