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

                                 5962--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 9, 2015
                               ___________

Introduced  by M. of A. GLICK -- read once and referred to the Committee
  on Higher Education -- reported and referred to the Committee on  Ways
  and  Means -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the education law, in relation  to  establishing  a  new
  category  of tuition for non-resident students of the state university
  or the city university enrolled in distance learning courses

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

  Section  1.  The opening paragraph of subparagraph 4 of paragraph h of
subdivision 2 of section 355 of the education law, as amended by chapter
260 of the laws of 2011, is amended to read as follows:
  The trustees shall not impose a differential tuition charge based upon
need or income. Except as hereinafter provided, 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  tech-
nology  and  the colleges of agriculture and technology to set differing
rates of tuition for each of  the  colleges  for  students  enrolled  in
degree-granting  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  bacca-
laureate  degree  at  other  state-operated  institutions  of  the state
university of New York. NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  THIS
SUBPARAGRAPH, THE TRUSTEES MAY AUTHORIZE THE SETTING OF A SEPARATE CATE-
GORY  OF  TUITION  RATE, THAT SHALL BE GREATER THAN THE TUITION RATE FOR
RESIDENT STUDENTS AND  LESS  THAN  THE  TUITION  RATE  FOR  NON-RESIDENT
STUDENTS,  ONLY  FOR  STUDENTS ENROLLED IN DISTANCE LEARNING COURSES WHO
ARE NOT RESIDENTS OF THE STATE. Except as otherwise authorized  in  this

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03160-02-5
              

A. 5962--A                          2

subparagraph,  the  trustees  shall  not adopt changes affecting tuition
charges prior to the enactment of the annual  budget,  provided  however
that:
  S 2.  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) 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-granting programs  lead-
ing  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 undergradu-
ate programs leading to a baccalaureate degree at  other  state-operated
institutions  of  the  state university of New York. NOTWITHSTANDING ANY
OTHER PROVISION OF THIS SUBPARAGRAPH, THE  TRUSTEES  MAY  AUTHORIZE  THE
SETTING  OF  A  SEPARATE CATEGORY OF TUITION RATE, THAT SHALL BE GREATER
THAN THE TUITION RATE FOR RESIDENT STUDENTS AND LESS  THAN  THE  TUITION
RATE  FOR  NON-RESIDENT STUDENTS, ONLY FOR STUDENTS ENROLLED IN DISTANCE
LEARNING COURSES WHO ARE NOT RESIDENTS OF THE STATE. The trustees  shall
not  adopt  changes  affecting tuition charges prior to the enactment of
the annual budget.
  S 3. The opening paragraph  of  paragraph  (a)  of  subdivision  7  of
section 6206 of the education law, as amended by chapter 260 of the laws
of 2011, is amended to read as follows:
  The  board  of  trustees shall establish positions, departments, divi-
sions and faculties; appoint and in accordance with  the  provisions  of
law fix salaries of instructional and non-instructional employees there-
in; establish and conduct courses and curricula; prescribe conditions of
student admission, attendance and discharge; and shall have the power to
determine  in  its  discretion  whether  tuition shall be charged and to
regulate tuition charges, and other instructional and  non-instructional
fees  and  other  fees  and charges at the educational units of the city
university. The trustees shall review  any  proposed  community  college
tuition increase and the justification for such increase. The justifica-
tion provided by the community college for such increase shall include a
detailed  analysis  of  ongoing  operating  costs, capital, debt service
expenditures, and all revenues. The trustees shall not impose a  differ-
ential  tuition  charge based upon need or income. All students enrolled
in programs leading to like degrees at  the  senior  colleges  shall  be
charged a uniform rate of tuition, except for differential tuition rates
based on state residency[,]. NOTWITHSTANDING ANY OTHER PROVISION OF THIS
PARAGRAPH, THE TRUSTEES MAY AUTHORIZE THE SETTING OF A SEPARATE CATEGORY
OF  TUITION  RATE, THAT SHALL BE GREATER THAN THE TUITION RATE FOR RESI-
DENT STUDENTS AND LESS THAN THE TUITION RATE FOR NON-RESIDENT  STUDENTS,
ONLY  FOR  STUDENTS  ENROLLED  IN  DISTANCE LEARNING COURSES WHO ARE NOT
RESIDENTS OF THE STATE; provided, however, that:
  S 4. The opening paragraph  of  paragraph  (a)  of  subdivision  7  of
section  6206 of the education law, as amended by section 2 of part O of
chapter 58 of the laws of 2006, is amended to read as follows:
  The board of trustees shall establish  positions,  departments,  divi-
sions  and  faculties;  appoint and in accordance with the provisions of

A. 5962--A                          3

law fix salaries of instructional and non-instructional employees there-
in; establish and conduct courses and curricula; prescribe conditions of
student admission, attendance and discharge; and shall have the power to
determine  in  its  discretion  whether  tuition shall be charged and to
regulate tuition charges, and other instructional and  non-instructional
fees  and  other  fees  and charges at the educational units of the city
university. The trustees shall review  any  proposed  community  college
tuition increase and the justification for such increase. The justifica-
tion provided by the community college for such increase shall include a
detailed  analysis  of  ongoing  operating  costs, capital, debt service
expenditures, and all revenues. The trustees shall not impose a  differ-
ential  tuition  charge based upon need or income. All students enrolled
in programs leading to like degrees at  the  senior  colleges  shall  be
charged a uniform rate of tuition, except for differential tuition rates
based  on  state  residency. NOTWITHSTANDING ANY OTHER PROVISION OF THIS
PARAGRAPH, THE TRUSTEES MAY AUTHORIZE THE SETTING OF A SEPARATE CATEGORY
OF TUITION RATE, THAT SHALL BE GREATER THAN THE TUITION RATE  FOR  RESI-
DENT  STUDENTS AND LESS THAN THE TUITION RATE FOR NON-RESIDENT STUDENTS,
ONLY FOR STUDENTS ENROLLED IN DISTANCE  LEARNING  COURSES  WHO  ARE  NOT
RESIDENTS  OF  THE  STATE.  The  trustees shall further provide that the
payment of tuition and fees by any student who is not a resident of  New
York state, other than a non-immigrant alien within the meaning of para-
graph  (15)  of  subsection (a) of section 1101 of title 8 of the United
States Code, shall be paid at a rate or  charge  no  greater  than  that
imposed for students who are residents of the state if such student:
  S  5.  This  act  shall  take  effect April 1, 2016, provided that the
amendments to subparagraph 4 of paragraph h of subdivision 2 of  section
355  of the education law made by section one of this act and the amend-
ments to paragraph (a) of subdivision 7 of section 6206 of the education
law made by section three of this act shall be subject to the expiration
and reversion of such provisions pursuant to section 16 of  chapter  260
of  the  laws of 2011, as amended, when upon such date the provisions of
sections two and four of this act, respectively, shall take effect.