NY State Senate Bill 2015-S220

Senate Bill S220

Signed By Governor

2015-2016 Legislative Session

Provides that the trustees of SUNY and/or CUNY may authorize the establishment of a new category of tuition for non-resident students enrolled in distance learning courses

download bill text pdf

Archive: Last Bill Status Via A5962 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 20, 2015	signed chap.437
Nov 10, 2015	delivered to governor
Jun 25, 2015	returned to assembly passed senate substituted for s220a
Jun 25, 2015	substituted by a5962a ordered to third reading cal.1905
Jun 11, 2015	committee discharged and committed to rules
Jun 04, 2015	print number 220a
Jun 04, 2015	amend (t) and recommit to higher education
Jan 07, 2015	referred to higher education

Votes

- Jun 25, 2015 - Floor Vote
  A5962
  
  59
  
  Aye
  
  0
  
  Nay
  
  1
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 25, 2015
      
      aye (59)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      absent (1)
      
      Sampson
      
      excused (3)
      
      Libous
      
      Peralta
      
      Perkins
  Jun 25, 2015 - Rules Committee Vote
  S220
  
  22
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  1
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 25, 2015
      
      aye (22)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      aye wr (1)
      
      Nozzolio
      
      absent (1)
      
      Parker
      
      excused (1)
      
      Perkins

Bill Amendments

Original

A (Active)

co-Sponsors

2015-S220 - Details

See Assembly Version of this Bill:: A5962
Law Section:: Education Law
Laws Affected:: Amd §355, Ed L
Versions Introduced in 2013-2014 Legislative Session:: S4597, A7141

2015-S220 - Summary

Provides that the trustees of SUNY and/or CUNY may authorize the establishment of a new category of tuition for non-resident students enrolled in distance learning courses.

2015-S220 - Sponsor Memo

                                 BILL NUMBER:  S220

 TITLE OF BILL :  An act to amend the education law, in relation to
establishing a new category of tuition for non-resident students of
the state university enrolled in distance learning courses

 PURPOSE :  This bill will allow the SUNY Board of Trustees to
establish a separate category of tuition for non-resident students who
are enrolled in state university distance learning courses.

 SUMMARY OF PROVISIONS :  The bill amends subparagraph 4 of paragraph
h of subdivision 2 of section 355 of the education law to allow the
SUNY board of Trustees to establish a separate category of tuition for
nonresident students enrolled in distance learning courses. The bill
provides that such resident tuition must be more than the tuition
rates charged for resident students and less than tuition charged for
non-resident students enrolled in distance learning courses.

 JUSTIFICATION :  With the increased demands for access to higher
education, one means of providing such access has been through the use
of distance learning courses. These courses have little if any
geographical boundaries, allowing colleges to offer courses to people
anywhere in the country or the world. These programs have attracted
the interest of people who, under other conditions, would never have
access to such information or course work. These courses are an
efficient and effective way of reaching these students at minimal

marginal cost to the school. However, our state campuses are in
competition with many other state and private institutions for
students to enroll in their respective programs. Under current law,
our state schools must charge the same non-resident tuition rate to
distance learning students as it does for all other non-resident
students. This puts them at a competitive disadvantage with other
distance learning courses and programs offered by other colleges and
universities. By allowing the trustees to establish a separate tuition
category for non-resident distance learning courses our state schools
will be able to offer their courses at a competitive rate.

 LEGISLATIVE HISTORY :  2013-14 S.4597B/A.7141B; 2011-12 S.3443;
2009-10 S.2159; 2007-2008, S.4076; 2005-2006, S.4101.

 FISCAL IMPLICATIONS : No cost to the state.

 LOCAL FISCAL IMPLICATIONS : None.

 EFFECTIVE DATE :  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
shall be subject to the expiration and reversion of such subparagraph
pursuant to section 16 of the chapter 260 of the laws of 2011, as
amended, when upon such date the provisions of section two of this act
shall take effect.

2015-S220 - Bill Text download pdf

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

                                   220

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to amend the education law, in relation  to  establishing  a  new
  category  of tuition for non-resident students of the state 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
subparagraph,  the  trustees  shall  not adopt changes affecting tuition

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

                                                           LBD03160-01-5

S. 220                              2

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. 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  shall  be
subject to the expiration and reversion of such subparagraph pursuant to
section  16  of  chapter  260 of the laws of 2011, as amended, when upon
such date the provisions of section two of this act shall take effect.

co-Sponsors

2015-S220A (ACTIVE) - Details

See Assembly Version of this Bill:: A5962
Law Section:: Education Law
Laws Affected:: Amd §355, Ed L
Versions Introduced in 2013-2014 Legislative Session:: S4597, A7141

2015-S220A (ACTIVE) - Summary

Provides that the trustees of SUNY and/or CUNY may authorize the establishment of a new category of tuition for non-resident students enrolled in distance learning courses.

2015-S220A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S220A

TITLE OF BILL:

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

PURPOSE:

This bill will allow the SUNY Board of Trustees or the CUNY Board of
Trustees to establish a separate category of tuition for non-resident
students who are enrolled in state university distance learning
courses.

SUMMARY OF PROVISIONS:

The bill amends subparagraph 4 of paragraph h of subdivision 2 of
section 355 of the education law to allow the SUNY Board of Trustees
or the CUNY Board of Trustees to establish a separate category of
tuition for non-resident students enrolled in distance learning
courses. The bill provides that such resident tuition must be more
than the tuition rates charged for resident students and less than
tuition charged for non-resident students enrolled in distance
learning courses.

JUSTIFICATION:

With the increased demands for access to higher education, one means
of providing such access has been through the use of distance learning
courses. These courses have little if any geographical boundaries,
allowing colleges to offer courses to people anywhere in the country
or the world. These programs have attracted the interest of people
who, under other conditions, would never have access to such
information or course work. These courses are an efficient and
effective way of reaching these students at minimal marginal cost to
the school. However, our state campuses are in competition with many
other state and private institutions for students to enroll in their
respective programs. Under current law, our state schools must charge
the same non-resident tuition rate to distance learning students as it
does for all other non-resident students. This puts them at a
competitive disadvantage with other distance learning courses and
programs offered by other colleges and universities. By allowing the
trustees to establish a separate tuition category for non-resident
distance learning courses our state schools will be able to offer
their courses at a competitive rate.

LEGISLATIVE HISTORY:

2013-14 S.4597B/A.7141B;
2011-12 S.3443;
2009-10 S.2159;
2007-2008, S.4076;
2005-2006, S.4101.

FISCAL IMPLICATIONS:


No cost to the state.

EFFECTIVE DATE:

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 amendments
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 provision of
section two of this act shall take effect.

2015-S220A (ACTIVE) - Bill Text download pdf

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

                                 220--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sens. LAVALLE, PARKER -- read twice and ordered printed,
  and when printed to be committed to the Committee on Higher  Education
  --  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

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

                                                           LBD03160-03-5

S. 220--A                           2

ARE NOT RESIDENTS OF THE STATE. Except as otherwise authorized  in  this
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:

S. 220--A                           3

  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.  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.

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Senate Bill S220

Share this bill

Sponsored By

Kenneth P. LaValle

Archive: Last Bill Status Via A5962 - Signed by Governor

Bill Amendments

co-Sponsors

Kevin S. Parker

2015-S220 - Details

2015-S220 - Summary

2015-S220 - Sponsor Memo

2015-S220 - Bill Text download pdf

co-Sponsors

Kevin S. Parker

2015-S220A (ACTIVE) - Details

2015-S220A (ACTIVE) - Summary

2015-S220A (ACTIVE) - Sponsor Memo

2015-S220A (ACTIVE) - Bill Text download pdf

Comments