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

                                  1387

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A. CAHILL, SCHIMMINGER, JACOBS, ROBINSON, ENGLE-
  BRIGHT, CYMBROWITZ, CUSICK, PEOPLES-STOKES, CAMARA, BOYLAND --  Multi-
  Sponsored  by  --  M. of A.  ABBATE, BENEDETTO, BRENNAN, COLTON, COOK,
  GUNTHER, HIKIND, LAVINE, LUPARDO, MILLMAN, PERRY,  SCARBOROUGH,  SWEE-
  NEY,  WEISENBERG  -- read once and referred to the Committee on Higher
  Education

AN ACT to amend the education law, in  relation  to  creating  the  "TAP
  reform act"

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

  Section 1. This act shall be known and may be cited as the "TAP reform
act".
  S 2. Subdivision 5 of section 663 of the education law, as amended  by
section  3  of  part  J of chapter 58 of the laws of 2011, is amended to
read as follows:
  5. Adjustments of income.  A.  In  the  determination  of  income  for
purposes  of  paragraphs  a  and  b  of subdivision three of section six
hundred sixty-seven of this part if, during the academic year  in  which
the  applicant  will  receive an award, one of either the parents of the
applicant or other dependent child of such parents, the  spouse  of  the
applicant,  or one or more dependent children of the applicant, in addi-
tion to the applicant, will be in full-time attendance  in  an  approved
program,  the  combined  net taxable income determined under subdivision
one of this section shall be reduced by three thousand  dollars  and  an
additional two thousand dollars for each other such person additional to
the  aforesaid  persons  (including  the  applicant) who will be in such
attendance, and the resulting amount  shall  be  deemed  the  applicable
income in determining the applicant's award for the academic year.
  B.  (I)  IN  THE  DETERMINATION  OF INCOME FOR PURPOSES OF SUBDIVISION
THREE OF SECTION SIX HUNDRED SIXTY-SEVEN OF THIS PART, STUDENT FINANCIAL

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

                                                           LBD03681-01-3

A. 1387                             2

AID OFFICERS ARE HEREBY AUTHORIZED, ON THE BASIS OF ADEQUATE  DOCUMENTA-
TION,  TO  MAKE ADJUSTMENTS ON A CASE-BY-CASE BASIS IN THE AMOUNT DEEMED
APPLICABLE INCOME IN DETERMINING AN APPLICANT'S AWARD FOR  THE  ACADEMIC
YEAR,  TO  ALLOW FOR TREATMENT OF AN INDIVIDUAL, ELIGIBLE APPLICANT WITH
SPECIAL CIRCUMSTANCES AS DEFINED HEREIN.
  (II) SPECIAL CIRCUMSTANCES MAY INCLUDE: (A) EXPENSES OF THE  FOLLOWING
NATURE  INCURRED  OR  PAID  BY  ONE OR MORE OF EITHER THE PARENTS OF THE
APPLICANT OR OTHER DEPENDENT CHILD OF SUCH PARENTS, THE  SPOUSE  OF  THE
APPLICANT,  OR  ONE OR MORE DEPENDENT CHILDREN OF THE APPLICANT, SUCH AS
BUT NOT LIMITED TO: TUITION  EXPENSES  AT  AN  ELEMENTARY  OR  SECONDARY
SCHOOL,  MEDICAL OR DENTAL EXPENSES NOT COVERED BY INSURANCE, AND UNUSU-
ALLY HIGH CHILD CARE COSTS, (B) RECENT UNEMPLOYMENT OF A  FAMILY  MEMBER
NECESSITATING CONTRIBUTIONS BY ANY OF THE AFORESAID PERSONS TO THE FAMI-
LY  MEMBER'S  SUPPORT,  OR (C) OTHER CHANGES IN THE FAMILY'S INCOME, THE
FAMILY'S ASSETS, OR A STUDENT'S STATUS. SPECIAL CIRCUMSTANCES  SHALL  BE
CONDITIONS  THAT  DIFFERENTIATE  AN  INDIVIDUAL  STUDENT FROM A CLASS OF
STUDENTS RATHER THAN CONDITIONS THAT EXIST ACROSS A CLASS OF STUDENTS.
  (III) ADEQUATE DOCUMENTATION FOR SUCH ADJUSTMENTS SHALL BE REQUIRED TO
SUBSTANTIATE SUCH SPECIAL CIRCUMSTANCES OF INDIVIDUAL STUDENTS.  NOTHING
IN  THIS PARAGRAPH SHALL BE INTERPRETED AS LIMITING THE AUTHORITY OF THE
STUDENT FINANCIAL AID OFFICER IN SUCH CASES TO REQUEST AND  USE  SUPPLE-
MENTARY INFORMATION ABOUT THE FINANCIAL STATUS OR PERSONAL CIRCUMSTANCES
OF SUCH APPLICANTS IN SELECTING RECIPIENTS AND DETERMINING THE AMOUNT OF
AWARDS  UNDER  SUBDIVISION  THREE  OF SECTION SIX HUNDRED SIXTY-SEVEN OF
THIS PART. NO STUDENT OR PARENT SHALL BE CHARGED A FEE  FOR  COLLECTING,
PROCESSING, OR DELIVERING SUCH SUPPLEMENTARY INFORMATION.
  (IV)  A STUDENT FINANCIAL AID OFFICER SHALL BE CONSIDERED TO BE MAKING
A NECESSARY ADJUSTMENT IN ACCORDANCE WITH SUBPARAGRAPH (I) OF THIS PARA-
GRAPH IF:
  (A) THE OFFICER MAKES ADJUSTMENTS EXCLUDING  FROM  FAMILY  INCOME  ANY
PROCEEDS  OF  A SALE OF FARM OR BUSINESS ASSETS OF A FAMILY IF SUCH SALE
RESULTS FROM A VOLUNTARY OR INVOLUNTARY FORECLOSURE, FORFEITURE OR BANK-
RUPTCY OR AN INVOLUNTARY LIQUIDATION, OR
  (B) THE OFFICER MAKES ADJUSTMENTS IN THE AWARD LEVEL OF A STUDENT WITH
A DISABILITY SO AS TO TAKE INTO CONSIDERATION THE ADDITIONAL COSTS  SUCH
STUDENT INCURS AS A RESULT OF SUCH STUDENT'S DISABILITY.
  S  3. Subdivision 1 of section 667 of the education law, as amended by
chapter 622 of the laws of 2008, is amended to read as follows:
  1. Recipient qualifications. Tuition  assistance  program  awards  are
available for all students who are enrolled in approved programs and who
demonstrate  the  ability  to  complete such courses, in accordance with
standards established by the commissioner  provided,  however,  that  no
award shall be made unless tuition [(exclusive of educational fees)] AND
ANY  MANDATORY  EDUCATIONAL  FEES  and,  if  applicable, the college fee
levied by the state university of New York pursuant to the April  first,
nineteen hundred sixty-four financing agreements with the New York state
dormitory  authority  charged  for  the  program in which the student is
enrolled total at least two hundred  dollars  a  year[,];  and  provided
further  that[,]  no award [can] SHALL exceed one hundred percent of the
amount of tuition charged.
  S 4. Subitem (c) of item 1 of  clause  (A)  of  subparagraph  (i)  and
subparagraph  (vi) of paragraph a of subdivision 3 of section 667 of the
education law, subitem (c) of item 1 of clause (A) of  subparagraph  (i)
as  separately amended by section 1 of part E and section 1 of part H of
chapter 58 of the laws of 2011  and  subparagraph  (vi)  as  amended  by

A. 1387                             3

section  1  of  part B of chapter 60 of the laws of 2000, are amended to
read as follows:
  (c) For students first receiving aid in two thousand--two thousand one
and [thereafter] BEFORE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN, five
thousand dollars; or
  (I)  FOR  STUDENTS  FIRST  RECEIVING  AID IN TWO THOUSAND FIFTEEN--TWO
THOUSAND SIXTEEN, FIVE THOUSAND FIVE HUNDRED DOLLARS; OR
  (II) FOR STUDENTS FIRST RECEIVING AID  IN  TWO  THOUSAND  SIXTEEN--TWO
THOUSAND SEVENTEEN AND THEREAFTER, SIX THOUSAND DOLLARS.
  (vi)  For the two thousand [two] FIFTEEN--two thousand [three] SIXTEEN
academic year and thereafter, the award shall be the net amount  of  the
base  amount  determined  pursuant to subparagraph (i) of this paragraph
reduced pursuant to subparagraph (ii) or (iii) of this paragraph but the
award shall not be reduced below [five] NINE hundred FIFTY dollars;  AND
ONE THOUSAND DOLLARS FOR EACH ACADEMIC YEAR AND THEREAFTER.
  S 5. Clause (B) of subparagraph (i) of paragraph a of subdivision 3 of
section  667  of the education law, as amended by section 1 of part B of
chapter 60 of the laws of 2000, is amended to read as follows:
  (B) (1) Ninety-five percent of the amount of  tuition  [(exclusive  of
educational  fees) charged and, if applicable, the college fee levied by
the state university of New York pursuant to the April  first,  nineteen
hundred sixty-four financing agreement with the New York state dormitory
authority] AND ANY MANDATORY EDUCATIONAL FEES.
  (2) For the two thousand one--two thousand two academic year and ther-
eafter,  one  hundred  percent  of  the amount of tuition [(exclusive of
educational fees) charged and, if applicable, the college fee levied  by
the  state  university of New York pursuant to the April first, nineteen
hundred sixty-four financing agreement with the New York state dormitory
authority] AND ANY MANDATORY EDUCATIONAL FEES.
  S 6. Clause (B) of subparagraph (i) of paragraph b of subdivision 3 of
section 667 of the education law, as amended by section 2 of part  B  of
chapter 60 of the laws of 2000, is amended to read as follows:
  (B)  (1)  Ninety-five  percent of the amount of tuition [(exclusive of
educational fees)] AND ANY MANDATORY EDUCATIONAL FEES charged.
  (2) For the two thousand one--two thousand two academic year and ther-
eafter, one hundred percent of the  amount  of  tuition  [(exclusive  of
educational fees)] AND ANY MANDATORY EDUCATIONAL FEES.
  S  7.  Subparagraphs  (i)  and (ii) of paragraph c of subdivision 3 of
section 667 of the education law, as added by chapter 83 of the laws  of
1995  and such paragraph as relettered by section 2 of part J of chapter
58 of the laws of 2011, are amended to read as follows:
  (i) be made unless  the  annual  tuition  [(exclusive  of  educational
fees)]  AND  ANY  MANDATORY  EDUCATIONAL  FEES  and,  if applicable, the
college fee levied by the state university of New York pursuant  to  the
April  first,  nineteen  hundred sixty-four financing agreement with the
New York state dormitory authority charged for the program in which  the
student is enrolled total at least two hundred dollars; or
  (ii)  exceed  the  amount  by which such annual tuition [(exclusive of
educational fees)] AND ANY MANDATORY EDUCATIONAL FEES and,  if  applica-
ble, the college fee levied by the state university of New York pursuant
to the April first, nineteen hundred sixty-four financing agreement with
the  New  York  state  dormitory authority exceed the total of all other
state, federal, or other educational aid that is received or  receivable
by  such student during the school year for which such award is applica-
ble and that, in the judgment of the commissioner, would  duplicate  the
purposes of the award; or

A. 1387                             4

  S  8. Section 2 of the education law is amended by adding a new subdi-
vision 25 to read as follows:
  25.  MANDATORY  EDUCATIONAL  FEE. THE TERM "MANDATORY EDUCATIONAL FEE"
INCLUDES ONLY THOSE FEES REQUIRED TO FULFILL THE REQUIREMENTS OF A GRAD-
UATE OR UNDERGRADUATE DEGREE; PROVIDED, HOWEVER, THAT SUCH TERM EXCLUDES
THOSE FEES IMPOSED BY A VOTE OF THE STUDENT BODY.
  S 9. This act shall take effect immediately; provided that the  amend-
ments  to  section  663 of the education law made by section two of this
act shall apply to determinations made on or after such effective date.