S T A T E O F N E W Y O R K
________________________________________________________________________
8155
2011-2012 Regular Sessions
I N A S S E M B L Y
June 2, 2011
___________
Introduced by M. of A. GLICK -- read once and referred to the Committee
on Higher Education
AN ACT to amend the education law, in relation to tuition at state
universities and a study of the tuition assistance program; to amend
the state finance law, in relation to the state university of New York
agency trust fund; to repeal subdivision 8-b of section 355 of the
education law relating to state university annual apportionments; to
repeal paragraph 4-a of subdivision A of section 6221 of the education
law relating to city university annual apportionments; and providing
for the repeal of such provisions upon the expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph 4 of paragraph h of subdivision 2 of section
355 of the education law, as amended by chapter 309 of the laws of 1996,
is amended to read as follows:
(4) (I) The trustees shall not impose a differential tuition charge
based upon need or income. All students enrolled in programs leading to
like degrees at state-operated institutions of the state university
shall be charged a uniform rate of tuition except for differential
tuition rates based on state residency. Provided, however, that the
trustees may authorize the presidents of the colleges of technology and
the colleges of agriculture and technology to set differing rates of
tuition for each of the colleges for students enrolled in degree-grant-
ing programs leading to an associate degree and non-degree granting
programs so long as such tuition rate does not exceed the tuition rate
charged to students who are enrolled in like degree programs or degree-
granting undergraduate programs leading to a baccalaureate degree at
other state-operated institutions of the state university of New York.
The trustees shall not adopt changes affecting tuition charges prior to
the enactment of the annual budget.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11949-01-1
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(II) TUITION REVENUE SHALL BE USED SOLELY FOR THE EXPENSES OF THE
STATE UNIVERSITY IN CARRYING OUT ITS OBJECTIVES AND PURPOSES AND SHALL
NOT BE USED TO OFF-SET OR REDUCE APPROPRIATIONS BY THE STATE IN SUPPORT
OF THE OPERATIONS OF THE STATE UNIVERSITY. THE STATE SHALL APPROPRIATE
ANNUALLY AND MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT FOR THE STATE
UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNT APPROPRIATED AND MADE
AVAILABLE TO THE STATE UNIVERSITY IN STATE FISCAL YEAR TWO THOUSAND
ELEVEN--TWO THOUSAND TWELVE. BEGINNING IN STATE FISCAL YEAR TWO THOUSAND
TWELVE--TWO THOUSAND THIRTEEN, SUCH GENERAL FUND OPERATING SUPPORT SHALL
BE ADJUSTED BY AMOUNTS TO FULLY SUPPORT COST INCREASES RELATED TO
CONTRACTUAL AND COLLECTIVELY BARGAINED SALARY INCREASES, ENERGY-RELATED
COSTS AND ENROLLMENT-RELATED COST INCREASES; PROVIDED, HOWEVER, THAT IN
ANY STATE FISCAL YEAR WHEN PERSONAL INCOME TAX RECEIPTS DECLINE FROM
PERSONAL INCOME TAX RECEIPTS IN THE PREVIOUS STATE FISCAL YEAR, GENERAL
FUND OPERATING SUPPORT MADE AVAILABLE TO THE STATE UNIVERSITY MAY BE
REDUCED BY NO MORE THAN THE SAME PROPORTION AS PERSONAL INCOME TAX
RECEIPTS HAVE DECLINED.
S 2. Paragraph (h) of subdivision 2 of section 355 of the education
law is amended by adding two new subparagraphs 10 and 11 to read as
follows:
(10) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, AND
SUBJECT TO THE REQUIREMENTS AS SET FORTH IN SUBPARAGRAPH ELEVEN OF THIS
PARAGRAPH, THE STATE UNIVERSITY TRUSTEES SHALL BE AUTHORIZED TO INCREASE
THE RESIDENT UNDERGRADUATE RATE OF TUITION UP TO A MAXIMUM OF THE
FOLLOWING AMOUNTS:
(I) FOR THE ACADEMIC YEAR TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE,
TWO HUNDRED DOLLARS OVER THE RESIDENT UNDERGRADUATE RATE OF TUITION MOST
RECENTLY AUTHORIZED BY THE TRUSTEES IN THE PRECEDING ACADEMIC YEAR;
(II) FOR THE ACADEMIC YEAR TWO THOUSAND TWELVE--TWO THOUSAND THIR-
TEEN, ONE HUNDRED FIFTY DOLLARS OVER THE RESIDENT UNDERGRADUATE RATE OF
TUITION MOST RECENTLY AUTHORIZED BY THE TRUSTEES IN THE PRECEDING
ACADEMIC YEAR; AND
(III) FOR THE ACADEMIC YEAR TWO THOUSAND THIRTEEN--TWO THOUSAND FOUR-
TEEN, ONE HUNDRED FIFTY DOLLARS OVER THE RESIDENT UNDERGRADUATE RATE OF
TUITION MOST RECENTLY AUTHORIZED BY THE TRUSTEES IN THE PRECEDING
ACADEMIC YEAR.
PROVIDED THAT THE TRUSTEES SHALL NOT ADOPT CHANGES AFFECTING TUITION
CHARGES PRIOR TO THE ENACTMENT OF THE ANNUAL BUDGET.
(11) THE STATE UNIVERSITY TRUSTEES SHALL BE AUTHORIZED TO CHARGE
TUITION RATES FOR RESIDENT UNDERGRADUATE STUDENTS IN ACCORDANCE WITH
SUBPARAGRAPH TEN OF THIS PARAGRAPH PROVIDED HOWEVER THAT IF THE ANNUAL
RESIDENT UNDERGRADUATE RATE OF TUITION WOULD EXCEED FIVE THOUSAND
DOLLARS, THEN A TUITION CREDIT FOR EACH ELIGIBLE STUDENT, AS DETERMINED
AND CALCULATED BY THE NEW YORK STATE HIGHER EDUCATION SERVICES CORPO-
RATION PURSUANT TO SECTION SIX HUNDRED EIGHTY-NINE-A OF THE EDUCATION
LAW, SHALL BE APPLIED TOWARD THE TUITION CHARGED FOR EACH SEMESTER,
QUARTER OR TERM OF STUDY. TUITION FOR EACH SEMESTER, QUARTER OR TERM OF
STUDY SHALL NOT BE DUE FOR ANY STUDENT ELIGIBLE TO RECEIVE SUCH TUITION
CREDIT UNTIL THE TUITION CREDIT IS CALCULATED AND APPLIED AGAINST THE
TUITION CHARGED FOR THE CORRESPONDING SEMESTER, QUARTER OR TERM.
S 3. Subdivision 8-b of section 355 of the education law is REPEALED.
S 4. The education law is amended by adding a new section 689-a to
read as follows:
S 689-A. TUITION CREDITS. 1. THE NEW YORK STATE HIGHER EDUCATION
SERVICES CORPORATION SHALL CALCULATE A TUITION CREDIT FOR EACH RESIDENT
UNDERGRADUATE STUDENT WHO HAS FILED AN APPLICATION WITH SUCH CORPORATION
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FOR A TUITION ASSISTANCE PROGRAM AWARD PURSUANT TO SECTION SIX HUNDRED
SIXTY-SEVEN OF THIS ARTICLE, AND IS DETERMINED TO BE ELIGIBLE TO RECEIVE
SUCH AWARD, AND IS ALSO ENROLLED IN A PROGRAM OF UNDERGRADUATE STUDY AT
A STATE OPERATED OR SENIOR COLLEGE OF THE STATE UNIVERSITY OF NEW YORK
OR THE CITY UNIVERSITY OF NEW YORK WHERE THE ANNUAL RESIDENT UNDERGRADU-
ATE TUITION RATE WILL EXCEED FIVE THOUSAND DOLLARS. SUCH TUITION CREDIT
SHALL BE CALCULATED FOR EACH SEMESTER, QUARTER OR TERM OF STUDY THAT
TUITION IS CHARGED AND TUITION FOR THE CORRESPONDING SEMESTER, QUARTER
OR TERM SHALL NOT BE DUE FOR ANY STUDENT ELIGIBLE TO RECEIVE SUCH
TUITION CREDIT UNTIL SUCH CREDIT IS CALCULATED, THE STUDENT AND SCHOOL
WHERE THE STUDENT IS ENROLLED IS NOTIFIED OF THE TUITION CREDIT AMOUNT,
AND SUCH TUITION CREDIT IS APPLIED TOWARD THE TUITION CHARGED.
2. EACH TUITION CREDIT PURSUANT TO THIS SECTION SHALL BE AN AMOUNT
EQUAL TO THE PRODUCT OF THE TOTAL ANNUAL RESIDENT UNDERGRADUATE TUITION
RATE MINUS FIVE THOUSAND DOLLARS THEN MULTIPLIED BY AN AMOUNT EQUAL TO
THE PRODUCT OF THE TOTAL ANNUAL AWARD FOR THE STUDENT PURSUANT TO
SECTION SIX HUNDRED SIXTY-SEVEN OF THE EDUCATION LAW DIVIDED BY AN
AMOUNT EQUAL TO THE MAXIMUM AMOUNT THE STUDENT QUALIFIES TO RECEIVE
PURSUANT TO CLAUSE (A) OF SUBPARAGRAPH (I) OF PARAGRAPH A OF SUBDIVISION
THREE OF SECTION SIX HUNDRED SIXTY-SEVEN OF THE EDUCATION LAW.
S 5. Subdivision 7 of section 6206 of the education law is amended by
adding two new paragraphs (d) and (e) to read as follows:
(D) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, AND
SUBJECT TO THE REQUIREMENTS AS SET FORTH IN PARAGRAPH (E) OF THIS SUBDI-
VISION, THE CITY UNIVERSITY BOARD OF TRUSTEES SHALL BE AUTHORIZED TO
INCREASE THE RESIDENT UNDERGRADUATE RATE OF TUITION UP TO A MAXIMUM OF
THE FOLLOWING AMOUNTS:
(I) FOR THE ACADEMIC YEAR TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE,
TWO HUNDRED DOLLARS OVER THE RESIDENT UNDERGRADUATE RATE OF TUITION MOST
RECENTLY AUTHORIZED BY THE BOARD OF TRUSTEES IN THE PRECEDING ACADEMIC
YEAR;
(II) FOR THE ACADEMIC YEAR TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN,
ONE HUNDRED FIFTY DOLLARS OVER THE RESIDENT UNDERGRADUATE RATE OF
TUITION MOST RECENTLY AUTHORIZED BY THE BOARD OF TRUSTEES IN THE PRECED-
ING ACADEMIC YEAR; AND
(III) FOR THE ACADEMIC YEAR TWO THOUSAND THIRTEEN--TWO THOUSAND FOUR-
TEEN, ONE HUNDRED FIFTY DOLLARS OVER THE RESIDENT UNDERGRADUATE RATE OF
TUITION MOST RECENTLY AUTHORIZED BY THE BOARD OF TRUSTEES IN THE PRECED-
ING ACADEMIC YEAR.
PROVIDED THAT THE BOARD OF TRUSTEES SHALL NOT ADOPT CHANGES IN TUITION
CHARGES PRIOR TO THE ENACTMENT OF THE ANNUAL BUDGET.
(E) THE CITY UNIVERSITY BOARD OF TRUSTEES SHALL BE AUTHORIZED TO
CHARGE TUITION RATES FOR RESIDENT UNDERGRADUATE STUDENTS IN ACCORDANCE
WITH PARAGRAPH (D) OF THIS SUBDIVISION PROVIDED HOWEVER THAT IF THE
ANNUAL RESIDENT UNDERGRADUATE RATE OF TUITION WOULD EXCEED FIVE THOUSAND
DOLLARS, THEN A TUITION CREDIT FOR EACH ELIGIBLE STUDENT, AS DETERMINED
AND CALCULATED BY THE NEW YORK STATE HIGHER EDUCATION SERVICES CORPO-
RATION PURSUANT TO SECTION SIX HUNDRED EIGHTY-NINE-A OF THE EDUCATION
LAW, SHALL BE APPLIED TOWARD THE TUITION CHARGED FOR EACH SEMESTER,
QUARTER OR TERM OF STUDY. TUITION FOR EACH SEMESTER, QUARTER OR TERM OF
STUDY SHALL NOT BE DUE FOR ANY STUDENT ELIGIBLE TO RECEIVE SUCH TUITION
CREDIT UNTIL THE TUITION CREDIT IS CALCULATED AND APPLIED AGAINST THE
TUITION CHARGED FOR THE CORRESPONDING SEMESTER, QUARTER OR TERM.
S 6. Subdivision 7 of section 6206 of the education law is amended by
adding a new paragraph (f) to read as follows:
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(F) TUITION REVENUE SHALL BE USED SOLELY FOR THE EXPENSES OF THE CITY
UNIVERSITY IN CARRYING OUT ITS OBJECTIVES AND PURPOSES AND SHALL NOT BE
USED TO OFF-SET OR REDUCE APPROPRIATIONS BY THE STATE IN SUPPORT OF THE
OPERATIONS OF THE CITY UNIVERSITY. THE STATE SHALL APPROPRIATE ANNUALLY
AND MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT FOR THE CITY UNIVERSI-
TY IN AN AMOUNT NOT LESS THAN THE AMOUNT APPROPRIATED AND MADE AVAILABLE
TO THE CITY UNIVERSITY IN STATE FISCAL YEAR TWO THOUSAND ELEVEN--TWO
THOUSAND TWELVE. BEGINNING IN STATE FISCAL YEAR TWO THOUSAND TWELVE--TWO
THOUSAND THIRTEEN, SUCH GENERAL FUND OPERATING SUPPORT SHALL BE ADJUSTED
BY AMOUNTS TO FULLY SUPPORT COST INCREASES RELATED TO CONTRACTUAL AND
COLLECTIVELY BARGAINED SALARY INCREASES, ENERGY-RELATED COSTS AND
ENROLLMENT-RELATED COST INCREASES; PROVIDED, HOWEVER, THAT IN ANY STATE
FISCAL YEAR WHEN PERSONAL INCOME TAX RECEIPTS DECLINE FROM PERSONAL
INCOME TAX RECEIPTS IN THE PREVIOUS STATE FISCAL YEAR, GENERAL FUND
OPERATING SUPPORT MADE AVAILABLE TO THE CITY UNIVERSITY MAY BE REDUCED
BY NO MORE THAN THE SAME PROPORTION AS PERSONAL INCOME TAX RECEIPTS HAVE
DECLINED.
S 7. Paragraph 4-a of subdivision A of section 6221 of the education
law is REPEALED.
S 8. The state finance law is amended by adding a new section 99-u to
read as follows:
S 99-U. STATE UNIVERSITY OF NEW YORK AGENCY TRUST FUND. 1. THERE IS
HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE A FIDUCIARY FUND TO BE KNOWN AS THE
"STATE UNIVERSITY OF NEW YORK AGENCY TRUST FUND".
2. THE STATE UNIVERSITY OF NEW YORK AGENCY TRUST FUND SHALL CONSIST OF
ALL MONIES APPROPRIATED AND MADE AVAILABLE TO THE STATE UNIVERSITY IN
GENERAL FUND OPERATING SUPPORT AND TUITION REVENUE APPROPRIATED AND MADE
AVAILABLE FROM SPECIAL REVENUE FUNDS.
3. THE STATE COMPTROLLER IS AUTHORIZED AND DIRECTED TO TRANSFER ANNU-
ALLY, FROM THE GENERAL FUND AND SPECIAL REVENUE FUNDS TO THE STATE
UNIVERSITY OF NEW YORK AGENCY TRUST FUND, GENERAL FUND OPERATING SUPPORT
AND TUITION REVENUE APPROPRIATED AND MADE AVAILABLE TO THE STATE UNIVER-
SITY IN ACCORDANCE WITH THE PROVISIONS OF SUBPARAGRAPH FOUR OF PARAGRAPH
H OF SUBDIVISION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OF THE EDUCA-
TION LAW.
4. MONIES IN THE STATE UNIVERSITY OF NEW YORK AGENCY TRUST FUND SHALL
BE EXPENDED SOLELY FOR THE EXPENSES OF THE STATE UNIVERSITY IN CARRYING
OUT ITS OBJECTIVES AND PURPOSES. THE PROVISIONS OF SECTION FORTY-NINE OF
THIS CHAPTER AND ANY OTHER LAW NOTWITHSTANDING, MONIES IN THE STATE
UNIVERSITY OF NEW YORK AGENCY TRUST FUND SHALL NOT BE IMPOUNDED NOR
TRANSFERRED OR OTHERWISE MADE AVAILABLE FOR OTHER PURPOSES.
S 9. Section 359 of the education law is amended by adding a new
subdivision 5 to read as follows:
5. THE STATE UNIVERSITY TRUSTEES SHALL CONDUCT A STUDY REGARDING THE
EFFECTIVENESS AND FUNCTIONALITY OF THE NEW YORK STATE TUITION ASSISTANCE
PROGRAM, WHICH SHALL CONSIDER A VARIETY OF FACTORS INCLUDING, BUT NOT
LIMITED TO, THE COSTS ASSOCIATED WITH PURSUING A DEGREE IN UNDERGRADUATE
STUDY, CURRENT TUITION ASSISTANCE PROGRAM THRESHOLDS AND AWARD LEVELS,
CURRENT ELIGIBILITY CRITERIA TO QUALIFY FOR AN AWARD UNDER THE TUITION
ASSISTANCE PROGRAM, AND ANY OTHER INFORMATION THE TRUSTEES DETERMINE TO
BE RELEVANT. THE STUDY SHALL ALSO INCLUDE RECOMMENDATIONS TO IMPROVE THE
TUITION ASSISTANCE PROGRAM TO BETTER MEET THE FUTURE FINANCIAL AID NEEDS
OF STUDENTS WHO RESIDE IN NEW YORK STATE AND TO ENSURE CONTINUED ACCESS
AND AFFORDABILITY OF THE STATE UNIVERSITY OF NEW YORK. THE STUDY SHALL
BE SUBMITTED TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE
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SPEAKER OF THE ASSEMBLY, THE DIRECTOR OF THE DIVISION OF THE BUDGET, THE
SENATE FINANCE COMMITTEE, THE ASSEMBLY WAYS AND MEANS COMMITTEE AND THE
HIGHER EDUCATION COMMITTEES OF THE LEGISLATURE ON OR BEFORE OCTOBER
FIRST, TWO THOUSAND THIRTEEN.
S 10. Section 6206 of the education law is amended by adding a new
subdivision 17 to read as follows:
17. THE CITY UNIVERSITY TRUSTEES SHALL CONDUCT A STUDY REGARDING THE
EFFECTIVENESS AND FUNCTIONALITY OF THE NEW YORK STATE TUITION ASSISTANCE
PROGRAM, WHICH SHALL CONSIDER A VARIETY OF FACTORS INCLUDING, BUT NOT
LIMITED TO, THE COSTS ASSOCIATED WITH PURSUING A DEGREE IN UNDERGRADUATE
STUDY, CURRENT TUITION ASSISTANCE PROGRAM THRESHOLDS AND AWARD LEVELS,
CURRENT ELIGIBILITY CRITERIA TO QUALIFY FOR AN AWARD UNDER THE TUITION
ASSISTANCE PROGRAM AND ANY OTHER INFORMATION THE TRUSTEES DETERMINE TO
BE RELEVANT. THE STUDY SHALL ALSO INCLUDE RECOMMENDATIONS TO IMPROVE THE
TUITION ASSISTANCE PROGRAM TO BETTER MEET THE FUTURE FINANCIAL AID NEEDS
OF STUDENTS WHO RESIDE IN NEW YORK STATE AND TO ENSURE CONTINUED ACCESS
AND AFFORDABILITY OF THE STATE UNIVERSITY OF NEW YORK. THE STUDY SHALL
BE SUBMITTED TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE
SPEAKER OF THE ASSEMBLY, THE DIRECTOR OF THE DIVISION OF THE BUDGET, THE
SENATE FINANCE COMMITTEE, THE ASSEMBLY WAYS AND MEANS COMMITTEE AND THE
HIGHER EDUCATION COMMITTEES OF THE LEGISLATURE ON OR BEFORE OCTOBER
FIRST, TWO THOUSAND THIRTEEN.
S 11. This act shall take effect immediately and shall expire and be
deemed repealed June 30, 2014.