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

                                   934

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. JAFFEE, SCHIMEL -- read once and referred to the
  Committee on Higher Education

AN ACT to amend the education law, in relation to payments to  community
  colleges by the state, and to repeal subdivision 10 of section 6305 of
  the  education  law  relating  to  state reimbursement to counties for
  amounts paid on behalf of non-resident students in attendance  at  the
  fashion institute of technology

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

  Section 1. Subdivision 3 of section 6302  of  the  education  law,  as
amended  by  chapter  552  of  the  laws  of 1984, is amended to read as
follows:
  3. In the city of New York, the [board] DEPARTMENT of education,  with
the  approval of the state university trustees, may act as a local spon-
sor in the establishment and operation, as a  community  college,  of  a
post secondary technical vocational training institution which is partly
supported  by  such [board] DEPARTMENT of education and partly supported
by an educational foundation for an industry chartered by the  board  of
regents.  In  addition  to  the community college programs and curricula
authorized by this article, the institution  may  offer  such  baccalau-
reate,  masters degree programs and curricula in support of its mission,
in accordance with standards and regulations  prescribed  by  the  state
university  trustees, as may be authorized pursuant to the provisions of
the master plan. Notwithstanding any other provision of law, the  insti-
tution  shall  be  financed  and administered in the manner provided for
community colleges; PROVIDED, HOWEVER, THAT SUBJECT TO THE  AVAILABILITY
OF  STATE  APPROPRIATION,  CHARGE  BACKS  FOR  BACCALAUREATE AND MASTERS
DEGREE NON-RESIDENTS OF  THE  LOCAL  COLLEGE  SPONSOR,  AS  REQUIRED  BY
SECTION  SIXTY-THREE  HUNDRED FIVE OF THIS ARTICLE TO BE PAID BY THE NEW
YORK STATE COUNTY OF SUCH NON-RESIDENT STUDENT, SHALL  BE  PAID  BY  THE

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

                                                           LBD02672-01-3

A. 934                              2

STATE  OF  NEW YORK. ON OR BEFORE MARCH THIRTY-FIRST, TWO THOUSAND FOUR-
TEEN, THE STATE SHALL MAKE FIFTY PERCENT OF SUCH PAYMENT TO SUCH  COMMU-
NITY  COLLEGE,  AND  ON  OR AFTER JUNE FIRST, TWO THOUSAND FOURTEEN, THE
STATE  SHALL  MAKE  THE  REMAINING FIFTY PERCENT OF SUCH PAYMENT TO SUCH
COMMUNITY COLLEGE, AND ON JUNE FIRST, TWO  THOUSAND  FIFTEEN  AND  EVERY
YEAR THEREAFTER, THE STATE SHALL PAY ONE HUNDRED PERCENT OF SUCH PAYMENT
TO  SUCH  COMMUNITY COLLEGE. IN THE EVENT OF THE FAILURE OF THE STATE TO
MAKE SUCH PAYMENTS, THE COUNTIES ISSUING THE CERTIFICATES  OF  RESIDENCE
SHALL MAKE SUCH PAYMENTS.
  S 2. Subdivision 5 of section 6305 of the education law, as amended by
chapter 681 of the laws of 1971, is amended to read as follows:
  5.  Amounts  payable  to  such  colleges  by a county pursuant to this
section shall be a general county charge[; provided, however, that  with
respect  to the amounts allocable to each community college a county may
charge back such amounts in whole or in part to the cities and towns  in
the  county in proportion to the number of students who, on the basis of
certificates of residence issued by such  county,  were  attending  each
such  college  as non-residents of the local sponsors thereof during the
terms for which the county has been charged, and who were  residents  of
each such city or town at the beginning of such terms].
  S 3. Subdivision 10 of section 6305 of the education law is REPEALED.
  S 4. This act shall take effect immediately.