NY State Assembly Bill 2015-A5098A

Archive: Last Bill Status - In Assembly Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 02, 2016	reported referred to ways and means
Jan 11, 2016	print number 5098a
Jan 11, 2016	amend and recommit to higher education
Jan 06, 2016	referred to higher education
May 28, 2015	reported referred to ways and means
Feb 12, 2015	referred to higher education

Bill Amendments

Original

A (Active)

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2015-A5098 - Details

See Senate Version of this Bill:: S4760
Current Committee:: Assembly Ways And Means
Law Section:: Education Law
Laws Affected:: Amd §§355, 6206 & 6304, Ed L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A8585, S6511
2017-2018: A4100, S4749
2019-2020: S1725
2021-2022: S1739
2023-2024: S3411

2015-A5098 - Summary

Makes tuition free for New York state residents at SUNY and CUNY schools and community colleges; requires community service and state residency and employment for a period of five years after completion of academic program.

2015-A5098 - Bill Text download pdf

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

                                  5098

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 12, 2015
                               ___________

Introduced  by  M. of A. SKOUFIS, GOTTFRIED, ABINANTI, BENEDETTO, BRAUN-
  STEIN, BRINDISI, COLTON, GUNTHER, JAFFEE, KIM, LIFTON, MILLER, MOSLEY,
  PEOPLES-STOKES, PICHARDO, RAIA, ROBINSON, RODRIGUEZ, SKARTADOS, STECK,
  CLARK, SANTABARBARA, HOOPER, MAYER, RAMOS, FAHY,  ROSENTHAL,  SOLAGES,
  BARRETT,  STIRPE, JEAN-PIERRE, ROZIC -- Multi-Sponsored by -- M. of A.
  BRENNAN, CERETTO, CUSICK, KAMINSKY, PAULIN, PERRY, RIVERA, RYAN, SCHI-
  MEL, THIELE, TITUS -- read once and referred to the Committee on High-
  er Education

AN ACT to amend the education law, in relation to enacting "Tuition-Free
  NY"

  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 "Tuition-Free
NY".
  S 2. Paragraph h of subdivision 2 of section 355 of the education  law
is amended by adding a new subparagraph 1-a to read as follows:
  (1-A) THE TRUSTEES SHALL IMPLEMENT A PROGRAM TO PERMIT ANY STUDENT WHO
HAS BEEN ADMITTED TO A STATE-OPERATED INSTITUTION OF THE STATE UNIVERSI-
TY  TO  ATTEND  WITHOUT  THE PAYMENT OF TUITION AND FEES IF SUCH STUDENT
FULFILLS THE REQUIREMENTS OF SUCH PROGRAM PURSUANT TO THE PROVISIONS  OF
THIS SUBPARAGRAPH.  THE PROVISIONS OF THIS SUBPARAGRAPH SHALL ONLY APPLY
TO COSTS OF ONE UNDERGRADUATE DEGREE AND ANY ADDITIONAL COSTS ASSOCIATED
WITH  MORE  THAN  ONE  SIMULTANEOUS  UNDERGRADUATE  DEGREE  SHALL NOT BE
COVERED BY THIS PROGRAM.
  (I) THE TRUSTEES SHALL PROVIDE AN APPLICATION PROCESS  AND  ADMINISTER
THE PROGRAM ACCORDING TO THE FOLLOWING CRITERIA:
  (A)  ANY  STUDENT  ELIGIBLE FOR RESIDENT TUITION RATES IS ELIGIBLE FOR
THIS PROGRAM.
  (B) THE STUDENT SHALL BE REQUIRED TO PERFORM A MINIMUM OF  TWENTY-FIVE
HOURS  OF  COMMUNITY  SERVICE  FOR  EACH  YEAR  OF  PARTICIPATION IN THE
PROGRAM. THE PRESIDENT OF EACH INSTITUTION OR HIS  OR  HER  DESIGNEE  OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04620-06-5

A. 5098                             2

DESIGNEES  SHALL BE AUTHORIZED TO ISSUE WAIVERS WHICH PERMIT STUDENTS TO
MEET THIS SERVICE REQUIREMENT BY PERFORMING SERVICES FOR  NON-QUALIFYING
ORGANIZATIONS  OR,  GENERALLY,  THE SURROUNDING COMMUNITY; PROVIDED THAT
THE HOUR REQUIREMENT IS MET AND SUCH PRESIDENT OR HIS OR HER DESIGNEE OR
DESIGNEES IS SATISFIED THAT THE WORK PERFORMED BENEFITS THE COMMUNITY.
  (C)  A STUDENT SHALL BE REQUIRED TO SIGN A CONTRACT AGREEING TO RESIDE
IN NEW YORK STATE FOR A PERIOD OF FIVE YEARS SUBSEQUENT TO COMPLETION OF
HIS OR HER ACADEMIC PROGRAM.
  (D) A STUDENT SHALL BE REQUIRED TO BE EMPLOYED FULL-TIME IN  NEW  YORK
STATE  FOR A PERIOD OF FIVE YEARS SUBSEQUENT TO COMPLETION OF HIS OR HER
ACADEMIC PROGRAM.    ANY  PART-TIME  OR  COMBINATION  OF  PART-TIME  AND
FULL-TIME  EMPLOYMENT  SHALL  BE THE EQUIVALENT OF FIVE FULL-TIME YEARS.
ANY PERIOD OF TIME A STUDENT  SPENDS  UNEMPLOYED,  PURSUING  A  GRADUATE
DEGREE  OR  ON  ACTIVE  MILITARY  DUTY SHALL NOT PENALIZE A STUDENT FROM
RECEIVING THE BENEFITS OF THIS PROGRAM, BUT SHALL NOT CONTRIBUTE TO  THE
ACCRUAL OF THE REQUIREMENTS OF THIS SUBCLAUSE.
  (E) STUDENTS SHALL BE REQUIRED TO COMPLETE THEIR DEGREE PROGRAM WITHIN
A  MINIMUM  PERIOD  OF  TIME TO BE SET BY THE TRUSTEES WHICH SHALL BE NO
LESS THAN THREE YEARS AND NO MORE THAN FIVE YEARS.
  (F) A STUDENT WHO BENEFITED FROM THE PROGRAM OUTLINED IN THIS SUBPARA-
GRAPH SHALL BE ALLOWED TO ATTEND AN OUT-OF-STATE GRADUATE SCHOOL WITHOUT
ANY PENALTY IF SUCH STUDENT PURSUES A GRADUATE DEGREE. ONCE SUCH STUDENT
CONCLUDES HIS OR HER GRADUATE SCHOOL STUDIES, SUCH STUDENT SHALL  RETURN
TO  NEW  YORK  WITHIN  ONE  YEAR  FOR  RESIDENCY AND EMPLOYMENT, PER THE
PROGRAM'S REQUIREMENTS, OR ELSE THE UNDERGRADUATE BENEFIT WILL TURN INTO
A STUDENT LOAN PURSUANT TO THE PROVISIONS OF CLAUSE (II) OF THIS SUBPAR-
AGRAPH.
  (G) A STUDENT WHO BENEFITED FROM THE PROGRAM OUTLINED IN THIS SUBPARA-
GRAPH WHO IS ON ACTIVE DUTY IN THE ARMED FORCES  OF  THE  UNITED  STATES
SHALL  NOT BE PENALIZED IF SUCH STUDENT MAINTAINS HIS OR HER LEGAL RESI-
DENCE IN THE STATE OF NEW YORK, DURING SUCH SERVICE.  "LEGAL  RESIDENCE"
AS  USED  IN  THIS  SUBCLAUSE SHALL MEAN THE PLACE WHERE A MEMBER OF THE
MILITARY INTENDS TO RETURN AND LIVE AFTER DISCHARGE OR  RETIREMENT,  AND
WHICH  THEY  CONSIDER  THEIR  PERMANENT  HOME.  LEGAL RESIDENCY SHALL BE
DETERMINED BY WHAT LOCAL AND STATE TAX LAWS A MEMBER OF THE MILITARY  IS
SUBJECT TO, AND IN WHICH STATE THEY MAY VOTE.
  (II)  IF  A  STUDENT  OR  FORMER  STUDENT  FAILS TO FULFILL ANY OF THE
REQUIREMENTS SET FORTH IN CLAUSE (I) OF THIS SUBPARAGRAPH, THE  TRUSTEES
SHALL  CONVERT  TO  A  STUDENT LOAN THE FULL AMOUNT OF THE TUITION WHICH
WOULD HAVE BEEN PAID BY SUCH STUDENT, AS  DETERMINED  BY  THE  NEW  YORK
STATE HIGHER EDUCATION SERVICES CORPORATION, PLUS INTEREST, ACCORDING TO
A  SCHEDULE  TO  BE  DETERMINED BY SUCH CORPORATION.  SUCH REPAYMENT MAY
ALSO BE REQUIRED IF A RECIPIENT FAILS TO RESPOND TO REQUESTS FOR  INFOR-
MATION  NECESSARY  TO  DETERMINE  CONTINUED  ELIGIBILITY OR FOR ADMINIS-
TRATION OF THE PROGRAM.
  (III) ANY STUDENT WHO ELECTS TO PARTICIPATE IN THE PROGRAM UNDER  THIS
SUBPARAGRAPH  SHALL  BE REQUIRED TO APPLY FOR TUITION ASSISTANCE PROGRAM
FUNDING. FUNDS AWARDED  ON  THE  TUITION  ASSISTANCE  PROGRAM  SHALL  BE
APPLIED TOWARDS THE COST OF TUITION PRIOR TO AN AWARD UNDER THIS SUBPAR-
AGRAPH.
  (IV) STUDENTS SHALL BE RESPONSIBLE FOR ALL OTHER COSTS INCLUDING HOUS-
ING, FEES AND OTHER NON-TUITION RELATED CHARGES.
  (V)  (A)  THIS  PROGRAM SHALL NOT APPLY TO ANY ACADEMIC YEARS PRIOR TO
APRIL FIRST, TWO THOUSAND SIXTEEN. (B) FOR THE PERIOD APRIL  FIRST,  TWO
THOUSAND SIXTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND EIGHTEEN, THIS
PROGRAM  SHALL  ONLY  APPLY  TO STUDENTS ATTENDING COMMUNITY COLLEGES AS

A. 5098                             3

DEFINED BY SUBDIVISION TWO OF SECTION SIX THOUSAND THREE HUNDRED ONE  OF
THIS  CHAPTER.  (C)  COMMENCING APRIL FIRST, TWO THOUSAND EIGHTEEN, THIS
PROGRAM SHALL APPLY TO ALL STUDENTS ATTENDING SUNY, CUNY  AND  COMMUNITY
COLLEGES OF THE STATE.
  S  3. Subdivision 7 of section 6206 of the education law is amended by
adding a new paragraph (d) to read as follows:
  (D) THE TRUSTEES SHALL IMPLEMENT A PROGRAM TO PERMIT ANY  STUDENT  WHO
HAS  BEEN  ADMITTED TO AN INSTITUTION OPERATED BY THE CITY UNIVERSITY TO
ATTEND WITHOUT THE PAYMENT OF TUITION AND FEES IF SUCH STUDENT  FULFILLS
THE  REQUIREMENTS  OF  SUCH  PROGRAM  PURSUANT TO THE PROVISIONS OF THIS
PARAGRAPH.
  (I) THE TRUSTEES SHALL PROVIDE AN APPLICATION PROCESS  AND  ADMINISTER
THE PROGRAM ACCORDING TO THE FOLLOWING CRITERIA:
  (A)  ANY  STUDENT  ELIGIBLE FOR RESIDENT TUITION RATES IS ELIGIBLE FOR
THIS PROGRAM.
  (B) THE STUDENT SHALL BE REQUIRED TO PERFORM A MINIMUM OF  TWENTY-FIVE
HOURS  OF  COMMUNITY  SERVICE  FOR  EACH  YEAR  OF  PARTICIPATION IN THE
PROGRAM.  THE PRESIDENT OF EACH INSTITUTION OR HIS OR  HER  DESIGNEE  OR
DESIGNEES  SHALL BE AUTHORIZED TO ISSUE WAIVERS WHICH PERMIT STUDENTS TO
MEET THIS SERVICE REQUIREMENT BY PERFORMING SERVICES FOR  NON-QUALIFYING
ORGANIZATIONS  OR,  GENERALLY,  THE SURROUNDING COMMUNITY; PROVIDED THAT
THE HOUR REQUIREMENT IS MET AND SUCH PRESIDENT OR HIS OR HER DESIGNEE OR
DESIGNEES IS SATISFIED THAT THE WORK PERFORMED BENEFITS THE COMMUNITY.
  (C) A STUDENT SHALL BE REQUIRED TO SIGN A CONTRACT AGREEING TO  RESIDE
IN NEW YORK STATE FOR A PERIOD OF FIVE YEARS SUBSEQUENT TO COMPLETION OF
HIS OR HER ACADEMIC PROGRAM.
  (D)  A  STUDENT SHALL BE REQUIRED TO BE EMPLOYED FULL-TIME IN NEW YORK
STATE FOR A PERIOD OF FIVE YEARS SUBSEQUENT TO COMPLETION OF HIS OR  HER
ACADEMIC  PROGRAM.    ANY  PART-TIME  OR  COMBINATION  OF  PART-TIME AND
FULL-TIME EMPLOYMENT SHALL BE THE EQUIVALENT OF  FIVE  FULL-TIME  YEARS.
ANY  PERIOD  OF  TIME  A  STUDENT SPENDS UNEMPLOYED, PURSUING A GRADUATE
DEGREE OR ON ACTIVE MILITARY DUTY SHALL  NOT  PENALIZE  A  STUDENT  FROM
RECEIVING  THE BENEFITS OF THIS PROGRAM, BUT SHALL NOT CONTRIBUTE TO THE
ACCRUAL OF THE REQUIREMENTS OF THIS CLAUSE.
  (E) STUDENTS SHALL BE REQUIRED TO COMPLETE THEIR DEGREE PROGRAM WITHIN
A MINIMUM PERIOD OF TIME TO BE SET BY THE TRUSTEES  WHICH  SHALL  BE  NO
LESS THAN THREE YEARS AND NO MORE THAN FIVE YEARS.
  (F)  A  STUDENT  WHO BENEFITED FROM THE PROGRAM OUTLINED IN THIS PARA-
GRAPH SHALL BE ALLOWED TO ATTEND AN OUT-OF-STATE GRADUATE SCHOOL WITHOUT
ANY PENALTY IF SUCH STUDENT PURSUES A GRADUATE DEGREE. ONCE SUCH STUDENT
CONCLUDES HIS OR HER GRADUATE SCHOOL STUDIES, SUCH STUDENT SHALL  RETURN
TO  NEW  YORK  WITHIN  ONE  YEAR  FOR  RESIDENCY AND EMPLOYMENT, PER THE
PROGRAM'S REQUIREMENTS, OR ELSE THE UNDERGRADUATE BENEFIT WILL TURN INTO
A STUDENT LOAN PURSUANT TO THE PROVISIONS OF SUBPARAGRAPH (II)  OF  THIS
PARAGRAPH.
  (G)  A  STUDENT  WHO BENEFITED FROM THE PROGRAM OUTLINED IN THIS PARA-
GRAPH WHO IS ON ACTIVE DUTY IN THE ARMED FORCES  OF  THE  UNITED  STATES
SHALL  NOT BE PENALIZED IF SUCH STUDENT MAINTAINS HIS OR HER LEGAL RESI-
DENCE IN THE STATE OF NEW YORK, DURING SUCH SERVICE.  "LEGAL  RESIDENCE"
AS  USED IN THIS CLAUSE SHALL MEAN THE PLACE WHERE A MEMBER OF THE MILI-
TARY INTENDS TO RETURN AND LIVE AFTER DISCHARGE OR RETIREMENT, AND WHICH
THEY CONSIDER THEIR PERMANENT HOME. LEGAL RESIDENCY SHALL BE  DETERMINED
BY WHAT LOCAL AND STATE TAX LAWS A MEMBER OF THE MILITARY IS SUBJECT TO,
AND IN WHICH STATE THEY MAY VOTE.
  (II)  IF  A  STUDENT  OR  FORMER  STUDENT  FAILS TO FULFILL ANY OF THE
REQUIREMENTS SET FORTH IN SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE  TRUS-

A. 5098                             4

TEES  SHALL  CONVERT  TO  A  STUDENT LOAN THE FULL AMOUNT OF THE TUITION
WHICH WOULD HAVE BEEN PAID BY SUCH STUDENT, AS  DETERMINED  BY  THE  NEW
YORK STATE HIGHER EDUCATION SERVICES CORPORATION, PLUS INTEREST, ACCORD-
ING  TO  A SCHEDULE TO BE DETERMINED BY SUCH CORPORATION. SUCH REPAYMENT
MAY ALSO BE REQUIRED IF A RECIPIENT FAILS TO  RESPOND  TO  REQUESTS  FOR
INFORMATION NECESSARY TO DETERMINE CONTINUED ELIGIBILITY OR FOR ADMINIS-
TRATION OF THE PROGRAM.
  (III)  ANY STUDENT WHO ELECTS TO PARTICIPATE IN THE PROGRAM UNDER THIS
PARAGRAPH SHALL BE REQUIRED TO  APPLY  FOR  TUITION  ASSISTANCE  PROGRAM
FUNDING.  FUNDS  AWARDED  ON  THE  TUITION  ASSISTANCE  PROGRAM SHALL BE
APPLIED TOWARDS THE COST OF TUITION PRIOR TO AN AWARD UNDER THIS SUBPAR-
AGRAPH.
  (IV) STUDENTS SHALL BE RESPONSIBLE FOR ALL OTHER COSTS INCLUDING HOUS-
ING, FEES AND OTHER NON-TUITION RELATED CHARGES.
  (V) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT BE SUBJECT  TO  TAXA-
TION.
  (VI)  (A)  THIS PROGRAM SHALL NOT APPLY TO ANY ACADEMIC YEARS PRIOR TO
APRIL FIRST, TWO THOUSAND SIXTEEN. (B) FOR THE PERIOD APRIL  FIRST,  TWO
THOUSAND SIXTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND EIGHTEEN, THIS
PROGRAM  SHALL  ONLY  APPLY  TO STUDENTS ATTENDING COMMUNITY COLLEGES AS
DEFINED BY SUBDIVISION TWO OF SECTION SIX THOUSAND THREE HUNDRED ONE  OF
THIS  CHAPTER.  (C)  COMMENCING APRIL FIRST, TWO THOUSAND EIGHTEEN, THIS
PROGRAM SHALL APPLY TO ALL STUDENTS ATTENDING SUNY, CUNY  AND  COMMUNITY
COLLEGES OF THE STATE.
  S  4. Subdivision 1 of section 6304 of the education law is amended by
adding a new paragraph e to read as follows:
  E. THE TRUSTEES, SPONSORS OR  OTHER  GOVERNING  BODY  OF  A  COMMUNITY
COLLEGE  SHALL  IMPLEMENT  A  PROGRAM TO PERMIT ANY STUDENT WHO HAS BEEN
ADMITTED TO SUCH COMMUNITY COLLEGE TO  ATTEND  WITHOUT  THE  PAYMENT  OF
TUITION  AND  FEES  IF  SUCH  STUDENT  FULFILLS THE REQUIREMENTS OF SUCH
PROGRAM PURSUANT TO THE PROVISIONS OF THIS PARAGRAPH.
  (I) THE TRUSTEES SHALL PROVIDE AN APPLICATION PROCESS  AND  ADMINISTER
THE PROGRAM ACCORDING TO THE FOLLOWING CRITERIA:
  (A)  ANY  STUDENT  ELIGIBLE FOR RESIDENT TUITION RATES IS ELIGIBLE FOR
THIS PROGRAM.
  (B) THE STUDENT SHALL BE REQUIRED TO PERFORM A MINIMUM OF  TWENTY-FIVE
HOURS  OF  COMMUNITY  SERVICE  FOR  EACH  YEAR  OF  PARTICIPATION IN THE
PROGRAM.  THE PRESIDENT OR CHIEF ADMINISTRATOR OF EACH COMMUNITY COLLEGE
OR HIS OR HER DESIGNEE OR DESIGNEES SHALL BE AUTHORIZED TO ISSUE WAIVERS
WHICH PERMIT STUDENTS TO MEET THIS  SERVICE  REQUIREMENT  BY  PERFORMING
SERVICES  FOR  NON-QUALIFYING  ORGANIZATIONS;  PROVIDED  THAT  THE  HOUR
REQUIREMENT IS MET AND SUCH PRESIDENT, CHIEF ADMINISTRATOR OR HIS OR HER
DESIGNEE OR DESIGNEES IS SATISFIED THAT THE WORK PERFORMED BENEFITS  THE
COMMUNITY.
  (C)  A STUDENT SHALL BE REQUIRED TO SIGN A CONTRACT AGREEING TO RESIDE
IN NEW YORK STATE FOR A PERIOD OF FIVE YEARS SUBSEQUENT TO COMPLETION OF
HIS OR HER ACADEMIC PROGRAM.
  (D) A STUDENT SHALL BE REQUIRED TO BE EMPLOYED IN NEW YORK STATE FOR A
PERIOD OF FIVE YEARS SUBSEQUENT TO COMPLETION OF  HIS  OR  HER  ACADEMIC
PROGRAM.
  (E)  A  STUDENT SHALL BE REQUIRED TO BE EMPLOYED FULL-TIME IN NEW YORK
STATE FOR A PERIOD OF FIVE YEARS SUBSEQUENT TO COMPLETION OF HIS OR  HER
ACADEMIC   PROGRAM.  ANY  PART-TIME  OR  COMBINATION  OF  PART-TIME  AND
FULL-TIME EMPLOYMENT SHALL BE THE EQUIVALENT OF  FIVE  FULL-TIME  YEARS.
ANY  PERIOD  OF  TIME  A  STUDENT SPENDS UNEMPLOYED, PURSUING A GRADUATE
DEGREE, OR ON ACTIVE MILITARY DUTY SHALL NOT  PENALIZE  A  STUDENT  FROM

A. 5098                             5

RECEIVING  THE BENEFITS OF THIS PROGRAM, BUT SHALL NOT CONTRIBUTE TO THE
ACCRUAL OF THE REQUIREMENTS OF THIS CLAUSE.
  (F) STUDENTS SHALL BE REQUIRED TO COMPLETE THEIR DEGREE PROGRAM WITHIN
A  MINIMUM  PERIOD  OF  TIME TO BE SET BY THE TRUSTEES WHICH SHALL BE NO
LESS THAN ONE YEAR AND NO MORE THAN THREE YEARS.
  (G) A STUDENT WHO BENEFITED FROM THE PROGRAM OUTLINED IN THIS SUBPARA-
GRAPH SHALL BE ALLOWED TO ATTEND AN OUT-OF-STATE GRADUATE SCHOOL WITHOUT
ANY PENALTY IF SUCH STUDENT PURSUES A GRADUATE DEGREE. ONCE SUCH STUDENT
CONCLUDES HIS OR HER GRADUATE SCHOOL STUDIES, SUCH STUDENT SHALL  RETURN
TO  NEW  YORK  WITHIN  ONE  YEAR  FOR  RESIDENCY AND EMPLOYMENT, PER THE
PROGRAM'S REQUIREMENTS, OR ELSE THE UNDERGRADUATE BENEFIT WILL TURN INTO
A STUDENT LOAN PURSUANT TO THE PROVISIONS OF SUBPARAGRAPH (II)  OF  THIS
PARAGRAPH.
  (H)  A  STUDENT  WHO BENEFITED FROM THE PROGRAM OUTLINED IN THIS PARA-
GRAPH WHO IS ON ACTIVE DUTY IN THE ARMED FORCES  OF  THE  UNITED  STATES
SHALL  NOT BE PENALIZED IF SUCH STUDENT MAINTAINS HIS OR HER LEGAL RESI-
DENCE IN THE STATE OF NEW YORK, DURING SUCH SERVICE.  "LEGAL  RESIDENCE"
AS  USED IN THIS CLAUSE SHALL MEAN THE PLACE WHERE A MEMBER OF THE MILI-
TARY INTENDS TO RETURN AND LIVE AFTER DISCHARGE OR RETIREMENT, AND WHICH
THEY CONSIDER THEIR PERMANENT HOME. LEGAL RESIDENCY SHALL BE  DETERMINED
BY WHAT LOCAL AND STATE TAX LAWS A MEMBER OF THE MILITARY IS SUBJECT TO,
AND IN WHICH STATE THEY MAY VOTE.
  (II)  IF  A  STUDENT  OR  FORMER  STUDENT  FAILS TO FULFILL ANY OF THE
REQUIREMENTS SET FORTH IN SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE  TRUS-
TEES  SHALL  CONVERT  TO  A  STUDENT LOAN THE FULL AMOUNT OF THE TUITION
WHICH WOULD HAVE BEEN PAID BY SUCH STUDENT, AS  DETERMINED  BY  THE  NEW
YORK STATE HIGHER EDUCATION SERVICES CORPORATION, PLUS INTEREST, ACCORD-
ING  TO  A SCHEDULE TO BE DETERMINED BY SUCH CORPORATION. SUCH REPAYMENT
MAY ALSO BE REQUIRED IF A RECIPIENT FAILS TO  RESPOND  TO  REQUESTS  FOR
INFORMATION NECESSARY TO DETERMINE CONTINUED ELIGIBILITY OR FOR ADMINIS-
TRATION OF THE PROGRAM.
  (III)  ANY STUDENT WHO ELECTS TO PARTICIPATE IN THE PROGRAM UNDER THIS
PARAGRAPH SHALL BE REQUIRED TO  APPLY  FOR  TUITION  ASSISTANCE  PROGRAM
FUNDING.  FUNDS  AWARDED  ON  THE  TUITION  ASSISTANCE  PROGRAM SHALL BE
APPLIED TOWARDS THE COST OF TUITION PRIOR TO AN AWARD UNDER THIS SUBPAR-
AGRAPH.
  (IV) STUDENTS SHALL BE RESPONSIBLE FOR ALL OTHER COSTS INCLUDING HOUS-
ING, FEES AND OTHER NON-TUITION RELATED CHARGES.
  (V) (A) THIS PROGRAM SHALL NOT APPLY TO ANY ACADEMIC  YEARS  PRIOR  TO
APRIL  FIRST,  TWO THOUSAND SIXTEEN. (B) FOR THE PERIOD APRIL FIRST, TWO
THOUSAND SIXTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND EIGHTEEN, THIS
PROGRAM SHALL ONLY APPLY TO STUDENTS  ATTENDING  COMMUNITY  COLLEGES  AS
DEFINED  BY SUBDIVISION TWO OF SECTION SIX THOUSAND THREE HUNDRED ONE OF
THIS CHAPTER. (C) COMMENCING APRIL FIRST, TWO  THOUSAND  EIGHTEEN,  THIS
PROGRAM  SHALL  APPLY TO ALL STUDENTS ATTENDING SUNY, CUNY AND COMMUNITY
COLLEGES OF THE STATE.
  S 5. Subdivision 1 of section 6304 of the education law is amended  by
adding a new paragraph a-1 to read as follows:
  A-1. STATE FINANCIAL AID SHALL BE INCREASED ABOVE THE ONE-THIRD AMOUNT
OF  OPERATING  COSTS  SET FORTH IN PARAGRAPH A OF THIS SUBDIVISION BY AN
AMOUNT WHICH IS EQUAL TO THE COST OF TUITION  AWARDED  TO  STUDENTS  WHO
APPLY  AND  QUALIFY  FOR  THE  PROGRAM  SET FORTH IN PARAGRAPH E OF THIS
SUBDIVISION.
  S 6. This act shall  take  effect  immediately.  The  commissioner  of
education  is  authorized to promulgate any rule or regulation necessary
for the timely implementation of this act.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2015-A5098A (ACTIVE) - Details

See Senate Version of this Bill:: S4760
Current Committee:: Assembly Ways And Means
Law Section:: Education Law
Laws Affected:: Amd §§355, 6206 & 6304, Ed L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A8585, S6511
2017-2018: A4100, S4749
2019-2020: S1725
2021-2022: S1739
2023-2024: S3411

2015-A5098A (ACTIVE) - Summary

2015-A5098A (ACTIVE) - Bill Text download pdf

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

                                 5098--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 12, 2015
                               ___________

Introduced  by  M. of A. SKOUFIS, GOTTFRIED, ABINANTI, BENEDETTO, BRAUN-
  STEIN, BRINDISI, COLTON, GUNTHER, JAFFEE, KIM, LIFTON, MILLER, MOSLEY,
  PEOPLES-STOKES, PICHARDO, RAIA, ROBINSON, RODRIGUEZ, SKARTADOS, STECK,
  CLARK, SANTABARBARA, HOOPER, MAYER, RAMOS, FAHY,  ROSENTHAL,  SOLAGES,
  BARRETT,  STIRPE, JEAN-PIERRE, ROZIC, BICHOTTE, BRONSON, BARRON, CRES-
  PO, COOK, TITONE,  ARROYO,  JOYNER,  ORTIZ,  BLAKE,  LINARES,  CAHILL,
  LAVINE,  SIMON,  GOLDFEDER,  HEVESI,  ENGLEBRIGHT,  DINOWITZ,  DAVILA,
  AUBRY, WRIGHT, PRETLOW, SIMOTAS, HIKIND, LENTOL, WALKER, ABBATE, SIMA-
  NOWITZ, GJONAJ, MARKEY, RICHARDSON -- Multi-Sponsored by -- M.  of  A.
  BRENNAN, CERETTO, CUSICK, DenDEKKER, KAMINSKY, LUPARDO, PAULIN, PERRY,
  RIVERA,  RYAN, SCHIMEL, THIELE, TITUS -- read once and referred to the
  Committee on Higher Education -- reported and referred to the  Commit-
  tee on Ways and Means -- recommitted to the Committee on Higher Educa-
  tion  in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the education law, in relation to enacting "Tuition-Free
  NY"

  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 "Tuition-Free
NY".
  S 2. Paragraph h of subdivision 2 of section 355 of the education  law
is amended by adding a new subparagraph 1-a to read as follows:
  (1-A) THE TRUSTEES SHALL IMPLEMENT A PROGRAM TO PERMIT ANY STUDENT WHO
HAS BEEN ADMITTED TO A STATE-OPERATED INSTITUTION OF THE STATE UNIVERSI-
TY  TO  ATTEND  WITHOUT  THE PAYMENT OF TUITION AND FEES IF SUCH STUDENT
FULFILLS THE REQUIREMENTS OF SUCH PROGRAM PURSUANT TO THE PROVISIONS  OF
THIS SUBPARAGRAPH.  THE PROVISIONS OF THIS SUBPARAGRAPH SHALL ONLY APPLY
TO COSTS OF ONE UNDERGRADUATE DEGREE AND ANY ADDITIONAL COSTS ASSOCIATED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04620-12-6

A. 5098--A                          2

WITH  MORE  THAN  ONE  SIMULTANEOUS  UNDERGRADUATE  DEGREE  SHALL NOT BE
COVERED BY THIS PROGRAM.
  (I)  THE  TRUSTEES SHALL PROVIDE AN APPLICATION PROCESS AND ADMINISTER
THE PROGRAM ACCORDING TO THE FOLLOWING CRITERIA:
  (A) ANY STUDENT ELIGIBLE FOR RESIDENT TUITION RATES  IS  ELIGIBLE  FOR
THIS PROGRAM.
  (B)  THE STUDENT SHALL BE REQUIRED TO PERFORM A MINIMUM OF TWENTY-FIVE
HOURS OF COMMUNITY  SERVICE  FOR  EACH  YEAR  OF  PARTICIPATION  IN  THE
PROGRAM.  THE  PRESIDENT  OF  EACH INSTITUTION OR HIS OR HER DESIGNEE OR
DESIGNEES SHALL BE AUTHORIZED TO ISSUE WAIVERS WHICH PERMIT STUDENTS  TO
MEET  THIS SERVICE REQUIREMENT BY PERFORMING SERVICES FOR NON-QUALIFYING
ORGANIZATIONS OR, GENERALLY, THE SURROUNDING  COMMUNITY;  PROVIDED  THAT
THE HOUR REQUIREMENT IS MET AND SUCH PRESIDENT OR HIS OR HER DESIGNEE OR
DESIGNEES IS SATISFIED THAT THE WORK PERFORMED BENEFITS THE COMMUNITY.
  (C)  A STUDENT SHALL BE REQUIRED TO SIGN A CONTRACT AGREEING TO RESIDE
IN NEW YORK STATE FOR A PERIOD OF FIVE YEARS SUBSEQUENT TO COMPLETION OF
HIS OR HER ACADEMIC PROGRAM.
  (D) A STUDENT SHALL BE REQUIRED TO BE EMPLOYED FULL-TIME IN  NEW  YORK
STATE  FOR A PERIOD OF FIVE YEARS SUBSEQUENT TO COMPLETION OF HIS OR HER
ACADEMIC PROGRAM.    ANY  PART-TIME  OR  COMBINATION  OF  PART-TIME  AND
FULL-TIME  EMPLOYMENT  SHALL  BE THE EQUIVALENT OF FIVE FULL-TIME YEARS.
ANY PERIOD OF TIME A STUDENT  SPENDS  UNEMPLOYED,  PURSUING  A  GRADUATE
DEGREE  OR  ON  ACTIVE  MILITARY  DUTY SHALL NOT PENALIZE A STUDENT FROM
RECEIVING THE BENEFITS OF THIS PROGRAM, BUT SHALL NOT CONTRIBUTE TO  THE
ACCRUAL OF THE REQUIREMENTS OF THIS SUBCLAUSE.
  (E) STUDENTS SHALL BE REQUIRED TO COMPLETE THEIR DEGREE PROGRAM WITHIN
A  MINIMUM  PERIOD  OF  TIME TO BE SET BY THE TRUSTEES WHICH SHALL BE NO
LESS THAN THREE YEARS AND NO MORE THAN FIVE YEARS.
  (F) A STUDENT WHO BENEFITED FROM THE PROGRAM OUTLINED IN THIS SUBPARA-
GRAPH SHALL BE ALLOWED TO ATTEND AN OUT-OF-STATE GRADUATE SCHOOL WITHOUT
ANY PENALTY IF SUCH STUDENT PURSUES A GRADUATE DEGREE. ONCE SUCH STUDENT
CONCLUDES HIS OR HER GRADUATE SCHOOL STUDIES, SUCH STUDENT SHALL  RETURN
TO  NEW  YORK  WITHIN  ONE  YEAR  FOR  RESIDENCY AND EMPLOYMENT, PER THE
PROGRAM'S REQUIREMENTS, OR ELSE THE UNDERGRADUATE BENEFIT WILL TURN INTO
A STUDENT LOAN PURSUANT TO THE PROVISIONS OF CLAUSE (II) OF THIS SUBPAR-
AGRAPH.
  (G) A STUDENT WHO BENEFITED FROM THE PROGRAM OUTLINED IN THIS SUBPARA-
GRAPH WHO IS ON ACTIVE DUTY IN THE ARMED FORCES  OF  THE  UNITED  STATES
SHALL  NOT BE PENALIZED IF SUCH STUDENT MAINTAINS HIS OR HER LEGAL RESI-
DENCE IN THE STATE OF NEW YORK, DURING SUCH SERVICE.  "LEGAL  RESIDENCE"
AS  USED  IN  THIS  SUBCLAUSE SHALL MEAN THE PLACE WHERE A MEMBER OF THE
MILITARY INTENDS TO RETURN AND LIVE AFTER DISCHARGE OR  RETIREMENT,  AND
WHICH  THEY  CONSIDER  THEIR  PERMANENT  HOME.  LEGAL RESIDENCY SHALL BE
DETERMINED BY WHAT LOCAL AND STATE TAX LAWS A MEMBER OF THE MILITARY  IS
SUBJECT TO, AND IN WHICH STATE THEY MAY VOTE.
  (II)  IF  A  STUDENT  OR  FORMER  STUDENT  FAILS TO FULFILL ANY OF THE
REQUIREMENTS SET FORTH IN CLAUSE (I) OF THIS SUBPARAGRAPH, THE  TRUSTEES
SHALL  CONVERT  TO  A  STUDENT LOAN THE FULL AMOUNT OF THE TUITION WHICH
WOULD HAVE BEEN PAID BY SUCH STUDENT, AS  DETERMINED  BY  THE  NEW  YORK
STATE HIGHER EDUCATION SERVICES CORPORATION, PLUS INTEREST, ACCORDING TO
A  SCHEDULE  TO  BE  DETERMINED BY SUCH CORPORATION.  SUCH REPAYMENT MAY
ALSO BE REQUIRED IF A RECIPIENT FAILS TO RESPOND TO REQUESTS FOR  INFOR-
MATION  NECESSARY  TO  DETERMINE  CONTINUED  ELIGIBILITY OR FOR ADMINIS-
TRATION OF THE PROGRAM.  THE TERMS AND CONDITIONS OF THIS  CLAUSE  SHALL
BE  DEFERRED FOR STUDENTS WHO ENROLL ON AT LEAST A HALF-TIME BASIS IN AN
APPROVED UNDERGRADUATE, GRADUATE  OR  HIGHER  DEGREE  PROGRAM  OR  OTHER

A. 5098--A                          3

PROFESSIONAL LICENSURE DEGREE PROGRAM UNTIL THEY ARE CONFERRED A DEGREE,
AND  SHALL  ALSO BE DEFERRED FOR ANY INTERRUPTION IN UNDERGRADUATE STUDY
OR EMPLOYMENT AS ESTABLISHED BY THE RULES AND REGULATIONS OF THE  CORPO-
RATION. THE TERMS AND CONDITIONS OF THIS CLAUSE MAY ALSO BE DEFERRED FOR
A  GRACE  PERIOD,  TO  BE  ESTABLISHED BY THE CORPORATION, FOLLOWING THE
COMPLETION OF AN APPROVED UNDERGRADUATE PROGRAM OR A GRADUATE OR  HIGHER
DEGREE  PROGRAM OR OTHER PROFESSIONAL LICENSURE DEGREE PROGRAM. NOTWITH-
STANDING ANY PROVISIONS OF THIS CLAUSE TO THE CONTRARY, THE  CORPORATION
IS  AUTHORIZED  TO  PROMULGATE  RULES AND REGULATIONS TO PROVIDE FOR THE
WAIVER OR SUSPENSION OF ANY FINANCIAL  OBLIGATION  WHICH  WOULD  INVOLVE
EXTREME HARDSHIP.
  (III)  ANY STUDENT WHO ELECTS TO PARTICIPATE IN THE PROGRAM UNDER THIS
SUBPARAGRAPH SHALL BE REQUIRED TO APPLY FOR TUITION  ASSISTANCE  PROGRAM
FUNDING.  FUNDS  AWARDED  ON  THE  TUITION  ASSISTANCE  PROGRAM SHALL BE
APPLIED TOWARDS THE COST OF TUITION PRIOR TO AN AWARD UNDER THIS SUBPAR-
AGRAPH.
  (IV) STUDENTS SHALL BE RESPONSIBLE FOR ALL OTHER COSTS INCLUDING HOUS-
ING, FEES AND OTHER NON-TUITION RELATED CHARGES.
  (V) (A) THIS PROGRAM SHALL NOT APPLY IN ACADEMIC YEARS  COMMENCING  ON
OR BEFORE THE EFFECTIVE DATE OF THIS SUBPARAGRAPH. (B) FOR THE FIRST TWO
YEARS  AFTER THE EFFECTIVE DATE OF THIS SUBPARAGRAPH, THIS PROGRAM SHALL
ONLY APPLY TO STUDENTS ATTENDING COMMUNITY COLLEGES AS DEFINED BY SUBDI-
VISION TWO OF SECTION SIXTY-THREE HUNDRED ONE OF THIS  CHAPTER.  (C)  IN
ALL  OTHER  YEARS,  THIS  PROGRAM  SHALL APPLY TO ALL STUDENTS ATTENDING
SUNY, CUNY, AND COMMUNITY COLLEGES OF THE STATE.
  S 3. Subdivision 7 of section 6206 of the education law is amended  by
adding a new paragraph (d) to read as follows:
  (D)  THE  TRUSTEES SHALL IMPLEMENT A PROGRAM TO PERMIT ANY STUDENT WHO
HAS BEEN ADMITTED TO AN INSTITUTION OPERATED BY THE CITY  UNIVERSITY  TO
ATTEND  WITHOUT THE PAYMENT OF TUITION AND FEES IF SUCH STUDENT FULFILLS
THE REQUIREMENTS OF SUCH PROGRAM PURSUANT  TO  THE  PROVISIONS  OF  THIS
PARAGRAPH.
  (I)  THE  TRUSTEES SHALL PROVIDE AN APPLICATION PROCESS AND ADMINISTER
THE PROGRAM ACCORDING TO THE FOLLOWING CRITERIA:
  (A) ANY STUDENT ELIGIBLE FOR RESIDENT TUITION RATES  IS  ELIGIBLE  FOR
THIS PROGRAM.
  (B)  THE STUDENT SHALL BE REQUIRED TO PERFORM A MINIMUM OF TWENTY-FIVE
HOURS OF COMMUNITY  SERVICE  FOR  EACH  YEAR  OF  PARTICIPATION  IN  THE
PROGRAM.    THE  PRESIDENT OF EACH INSTITUTION OR HIS OR HER DESIGNEE OR
DESIGNEES SHALL BE AUTHORIZED TO ISSUE WAIVERS WHICH PERMIT STUDENTS  TO
MEET  THIS SERVICE REQUIREMENT BY PERFORMING SERVICES FOR NON-QUALIFYING
ORGANIZATIONS OR, GENERALLY, THE SURROUNDING  COMMUNITY;  PROVIDED  THAT
THE HOUR REQUIREMENT IS MET AND SUCH PRESIDENT OR HIS OR HER DESIGNEE OR
DESIGNEES IS SATISFIED THAT THE WORK PERFORMED BENEFITS THE COMMUNITY.
  (C)  A STUDENT SHALL BE REQUIRED TO SIGN A CONTRACT AGREEING TO RESIDE
IN NEW YORK STATE FOR A PERIOD OF FIVE YEARS SUBSEQUENT TO COMPLETION OF
HIS OR HER ACADEMIC PROGRAM.
  (D) A STUDENT SHALL BE REQUIRED TO BE EMPLOYED FULL-TIME IN  NEW  YORK
STATE  FOR A PERIOD OF FIVE YEARS SUBSEQUENT TO COMPLETION OF HIS OR HER
ACADEMIC PROGRAM.    ANY  PART-TIME  OR  COMBINATION  OF  PART-TIME  AND
FULL-TIME  EMPLOYMENT  SHALL  BE THE EQUIVALENT OF FIVE FULL-TIME YEARS.
ANY PERIOD OF TIME A STUDENT  SPENDS  UNEMPLOYED,  PURSUING  A  GRADUATE
DEGREE  OR  ON  ACTIVE  MILITARY  DUTY SHALL NOT PENALIZE A STUDENT FROM
RECEIVING THE BENEFITS OF THIS PROGRAM, BUT SHALL NOT CONTRIBUTE TO  THE
ACCRUAL OF THE REQUIREMENTS OF THIS CLAUSE.

A. 5098--A                          4

  (E) STUDENTS SHALL BE REQUIRED TO COMPLETE THEIR DEGREE PROGRAM WITHIN
A  MINIMUM  PERIOD  OF  TIME TO BE SET BY THE TRUSTEES WHICH SHALL BE NO
LESS THAN THREE YEARS AND NO MORE THAN FIVE YEARS.
  (F)  A  STUDENT  WHO BENEFITED FROM THE PROGRAM OUTLINED IN THIS PARA-
GRAPH SHALL BE ALLOWED TO ATTEND AN OUT-OF-STATE GRADUATE SCHOOL WITHOUT
ANY PENALTY IF SUCH STUDENT PURSUES A GRADUATE DEGREE. ONCE SUCH STUDENT
CONCLUDES HIS OR HER GRADUATE SCHOOL STUDIES, SUCH STUDENT SHALL  RETURN
TO  NEW  YORK  WITHIN  ONE  YEAR  FOR  RESIDENCY AND EMPLOYMENT, PER THE
PROGRAM'S REQUIREMENTS, OR ELSE THE UNDERGRADUATE BENEFIT WILL TURN INTO
A STUDENT LOAN PURSUANT TO THE PROVISIONS OF SUBPARAGRAPH (II)  OF  THIS
PARAGRAPH.
  (G)  A  STUDENT  WHO BENEFITED FROM THE PROGRAM OUTLINED IN THIS PARA-
GRAPH WHO IS ON ACTIVE DUTY IN THE ARMED FORCES  OF  THE  UNITED  STATES
SHALL  NOT BE PENALIZED IF SUCH STUDENT MAINTAINS HIS OR HER LEGAL RESI-
DENCE IN THE STATE OF NEW YORK, DURING SUCH SERVICE.  "LEGAL  RESIDENCE"
AS  USED IN THIS CLAUSE SHALL MEAN THE PLACE WHERE A MEMBER OF THE MILI-
TARY INTENDS TO RETURN AND LIVE AFTER DISCHARGE OR RETIREMENT, AND WHICH
THEY CONSIDER THEIR PERMANENT HOME. LEGAL RESIDENCY SHALL BE  DETERMINED
BY WHAT LOCAL AND STATE TAX LAWS A MEMBER OF THE MILITARY IS SUBJECT TO,
AND IN WHICH STATE THEY MAY VOTE.
  (II)  IF  A  STUDENT  OR  FORMER  STUDENT  FAILS TO FULFILL ANY OF THE
REQUIREMENTS SET FORTH IN SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE  TRUS-
TEES  SHALL  CONVERT  TO  A  STUDENT LOAN THE FULL AMOUNT OF THE TUITION
WHICH WOULD HAVE BEEN PAID BY SUCH STUDENT, AS  DETERMINED  BY  THE  NEW
YORK STATE HIGHER EDUCATION SERVICES CORPORATION, PLUS INTEREST, ACCORD-
ING  TO  A SCHEDULE TO BE DETERMINED BY SUCH CORPORATION. SUCH REPAYMENT
MAY ALSO BE REQUIRED IF A RECIPIENT FAILS TO  RESPOND  TO  REQUESTS  FOR
INFORMATION NECESSARY TO DETERMINE CONTINUED ELIGIBILITY OR FOR ADMINIS-
TRATION  OF  THE PROGRAM.  THE TERMS AND CONDITIONS OF THIS CLAUSE SHALL
BE DEFERRED FOR STUDENTS WHO ENROLL ON AT LEAST A HALF-TIME BASIS IN  AN
APPROVED  UNDERGRADUATE,  GRADUATE  OR  HIGHER  DEGREE  PROGRAM OR OTHER
PROFESSIONAL LICENSURE DEGREE PROGRAM UNTIL THEY ARE CONFERRED A DEGREE,
AND SHALL ALSO BE DEFERRED FOR ANY INTERRUPTION IN  UNDERGRADUATE  STUDY
OR  EMPLOYMENT AS ESTABLISHED BY THE RULES AND REGULATIONS OF THE CORPO-
RATION. THE TERMS AND CONDITIONS OF THIS CLAUSE MAY ALSO BE DEFERRED FOR
A GRACE PERIOD, TO BE ESTABLISHED  BY  THE  CORPORATION,  FOLLOWING  THE
COMPLETION  OF AN APPROVED UNDERGRADUATE PROGRAM OR A GRADUATE OR HIGHER
DEGREE PROGRAM OR OTHER PROFESSIONAL LICENSURE DEGREE PROGRAM.  NOTWITH-
STANDING  ANY PROVISIONS OF THIS CLAUSE TO THE CONTRARY, THE CORPORATION
IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS  TO  PROVIDE  FOR  THE
WAIVER  OR  SUSPENSION  OF  ANY FINANCIAL OBLIGATION WHICH WOULD INVOLVE
EXTREME HARDSHIP.
  (III) ANY STUDENT WHO ELECTS TO PARTICIPATE IN THE PROGRAM UNDER  THIS
PARAGRAPH  SHALL  BE  REQUIRED  TO  APPLY FOR TUITION ASSISTANCE PROGRAM
FUNDING. FUNDS AWARDED  ON  THE  TUITION  ASSISTANCE  PROGRAM  SHALL  BE
APPLIED TOWARDS THE COST OF TUITION PRIOR TO AN AWARD UNDER THIS SUBPAR-
AGRAPH.
  (IV) STUDENTS SHALL BE RESPONSIBLE FOR ALL OTHER COSTS INCLUDING HOUS-
ING, FEES AND OTHER NON-TUITION RELATED CHARGES.
  (V)  THE  PROVISIONS OF THIS SUBDIVISION SHALL NOT BE SUBJECT TO TAXA-
TION.
  (VI) (A) THIS PROGRAM SHALL NOT APPLY IN ACADEMIC YEARS COMMENCING  ON
OR  BEFORE  THE  EFFECTIVE DATE OF THIS PARAGRAPH. (B) FOR THE FIRST TWO
YEARS AFTER THE EFFECTIVE DATE OF THIS  PARAGRAPH,  THIS  PROGRAM  SHALL
ONLY APPLY TO STUDENTS ATTENDING COMMUNITY COLLEGES AS DEFINED BY SUBDI-
VISION  TWO  OF  SECTION SIXTY-THREE HUNDRED ONE OF THIS CHAPTER. (C) IN

A. 5098--A                          5

ALL OTHER YEARS, THIS PROGRAM SHALL  APPLY  TO  ALL  STUDENTS  ATTENDING
SUNY, CUNY AND COMMUNITY COLLEGES OF THE STATE.
  S  4. Subdivision 1 of section 6304 of the education law is amended by
adding a new paragraph e to read as follows:
  E. THE TRUSTEES, SPONSORS OR  OTHER  GOVERNING  BODY  OF  A  COMMUNITY
COLLEGE  SHALL  IMPLEMENT  A  PROGRAM TO PERMIT ANY STUDENT WHO HAS BEEN
ADMITTED TO SUCH COMMUNITY COLLEGE TO  ATTEND  WITHOUT  THE  PAYMENT  OF
TUITION  AND  FEES  IF  SUCH  STUDENT  FULFILLS THE REQUIREMENTS OF SUCH
PROGRAM PURSUANT TO THE PROVISIONS OF THIS PARAGRAPH.
  (I) THE TRUSTEES SHALL PROVIDE AN APPLICATION PROCESS  AND  ADMINISTER
THE PROGRAM ACCORDING TO THE FOLLOWING CRITERIA:
  (A)  ANY  STUDENT  ELIGIBLE FOR RESIDENT TUITION RATES IS ELIGIBLE FOR
THIS PROGRAM.
  (B) THE STUDENT SHALL BE REQUIRED TO PERFORM A MINIMUM OF  TWENTY-FIVE
HOURS  OF  COMMUNITY  SERVICE  FOR  EACH  YEAR  OF  PARTICIPATION IN THE
PROGRAM.  THE PRESIDENT OR CHIEF ADMINISTRATOR OF EACH COMMUNITY COLLEGE
OR HIS OR HER DESIGNEE OR DESIGNEES SHALL BE AUTHORIZED TO ISSUE WAIVERS
WHICH PERMIT STUDENTS TO MEET THIS  SERVICE  REQUIREMENT  BY  PERFORMING
SERVICES  FOR  NON-QUALIFYING  ORGANIZATIONS;  PROVIDED  THAT  THE  HOUR
REQUIREMENT IS MET AND SUCH PRESIDENT, CHIEF ADMINISTRATOR OR HIS OR HER
DESIGNEE OR DESIGNEES IS SATISFIED THAT THE WORK PERFORMED BENEFITS  THE
COMMUNITY.
  (C)  A STUDENT SHALL BE REQUIRED TO SIGN A CONTRACT AGREEING TO RESIDE
IN NEW YORK STATE FOR A PERIOD OF FIVE YEARS SUBSEQUENT TO COMPLETION OF
HIS OR HER ACADEMIC PROGRAM.
  (D) A STUDENT SHALL BE REQUIRED TO BE EMPLOYED IN NEW YORK STATE FOR A
PERIOD OF FIVE YEARS SUBSEQUENT TO COMPLETION OF  HIS  OR  HER  ACADEMIC
PROGRAM.
  (E)  A  STUDENT SHALL BE REQUIRED TO BE EMPLOYED FULL-TIME IN NEW YORK
STATE FOR A PERIOD OF FIVE YEARS SUBSEQUENT TO COMPLETION OF HIS OR  HER
ACADEMIC   PROGRAM.  ANY  PART-TIME  OR  COMBINATION  OF  PART-TIME  AND
FULL-TIME EMPLOYMENT SHALL BE THE EQUIVALENT OF  FIVE  FULL-TIME  YEARS.
ANY  PERIOD  OF  TIME  A  STUDENT SPENDS UNEMPLOYED, PURSUING A GRADUATE
DEGREE, OR ON ACTIVE MILITARY DUTY SHALL NOT  PENALIZE  A  STUDENT  FROM
RECEIVING  THE BENEFITS OF THIS PROGRAM, BUT SHALL NOT CONTRIBUTE TO THE
ACCRUAL OF THE REQUIREMENTS OF THIS CLAUSE.
  (F) STUDENTS SHALL BE REQUIRED TO COMPLETE THEIR DEGREE PROGRAM WITHIN
A MINIMUM PERIOD OF TIME TO BE SET BY THE TRUSTEES  WHICH  SHALL  BE  NO
LESS THAN ONE YEAR AND NO MORE THAN THREE YEARS.
  (G) A STUDENT WHO BENEFITED FROM THE PROGRAM OUTLINED IN THIS SUBPARA-
GRAPH SHALL BE ALLOWED TO ATTEND AN OUT-OF-STATE GRADUATE SCHOOL WITHOUT
ANY PENALTY IF SUCH STUDENT PURSUES A GRADUATE DEGREE. ONCE SUCH STUDENT
CONCLUDES  HIS OR HER GRADUATE SCHOOL STUDIES, SUCH STUDENT SHALL RETURN
TO NEW YORK WITHIN ONE  YEAR  FOR  RESIDENCY  AND  EMPLOYMENT,  PER  THE
PROGRAM'S REQUIREMENTS, OR ELSE THE UNDERGRADUATE BENEFIT WILL TURN INTO
A  STUDENT  LOAN PURSUANT TO THE PROVISIONS OF SUBPARAGRAPH (II) OF THIS
PARAGRAPH.
  (H) A STUDENT WHO BENEFITED FROM THE PROGRAM OUTLINED  IN  THIS  PARA-
GRAPH  WHO  IS  ON  ACTIVE DUTY IN THE ARMED FORCES OF THE UNITED STATES
SHALL NOT BE PENALIZED IF SUCH STUDENT MAINTAINS HIS OR HER LEGAL  RESI-
DENCE  IN  THE STATE OF NEW YORK, DURING SUCH SERVICE. "LEGAL RESIDENCE"
AS USED IN THIS CLAUSE SHALL MEAN THE PLACE WHERE A MEMBER OF THE  MILI-
TARY INTENDS TO RETURN AND LIVE AFTER DISCHARGE OR RETIREMENT, AND WHICH
THEY  CONSIDER THEIR PERMANENT HOME. LEGAL RESIDENCY SHALL BE DETERMINED
BY WHAT LOCAL AND STATE TAX LAWS A MEMBER OF THE MILITARY IS SUBJECT TO,
AND IN WHICH STATE THEY MAY VOTE.

A. 5098--A                          6

  (II) IF A STUDENT OR FORMER  STUDENT  FAILS  TO  FULFILL  ANY  OF  THE
REQUIREMENTS  SET FORTH IN SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE TRUS-
TEES SHALL CONVERT TO A STUDENT LOAN THE  FULL  AMOUNT  OF  THE  TUITION
WHICH  WOULD  HAVE  BEEN  PAID BY SUCH STUDENT, AS DETERMINED BY THE NEW
YORK STATE HIGHER EDUCATION SERVICES CORPORATION, PLUS INTEREST, ACCORD-
ING  TO  A SCHEDULE TO BE DETERMINED BY SUCH CORPORATION. SUCH REPAYMENT
MAY ALSO BE REQUIRED IF A RECIPIENT FAILS TO  RESPOND  TO  REQUESTS  FOR
INFORMATION NECESSARY TO DETERMINE CONTINUED ELIGIBILITY OR FOR ADMINIS-
TRATION  OF  THE PROGRAM.  THE TERMS AND CONDITIONS OF THIS SUBPARAGRAPH
SHALL BE DEFERRED FOR STUDENTS WHO ENROLL ON AT LEAST A HALF-TIME  BASIS
IN AN APPROVED UNDERGRADUATE, GRADUATE OR HIGHER DEGREE PROGRAM OR OTHER
PROFESSIONAL LICENSURE DEGREE PROGRAM UNTIL THEY ARE CONFERRED A DEGREE,
AND  SHALL  ALSO BE DEFERRED FOR ANY INTERRUPTION IN UNDERGRADUATE STUDY
OR EMPLOYMENT AS ESTABLISHED BY THE RULES AND REGULATIONS OF THE  CORPO-
RATION.  THE  TERMS  AND  CONDITIONS  OF  THIS  SUBPARAGRAPH MAY ALSO BE
DEFERRED FOR A GRACE PERIOD,  TO  BE  ESTABLISHED  BY  THE  CORPORATION,
FOLLOWING THE COMPLETION OF AN APPROVED UNDERGRADUATE PROGRAM OR A GRAD-
UATE  OR  HIGHER  DEGREE  PROGRAM OR OTHER PROFESSIONAL LICENSURE DEGREE
PROGRAM. NOTWITHSTANDING ANY PROVISIONS  OF  THIS  SUBPARAGRAPH  TO  THE
CONTRARY,  THE  CORPORATION  IS AUTHORIZED TO PROMULGATE RULES AND REGU-
LATIONS TO PROVIDE FOR THE WAIVER OR SUSPENSION OF ANY  FINANCIAL  OBLI-
GATION WHICH WOULD INVOLVE EXTREME HARDSHIP.
  (III)  ANY STUDENT WHO ELECTS TO PARTICIPATE IN THE PROGRAM UNDER THIS
PARAGRAPH SHALL BE REQUIRED TO  APPLY  FOR  TUITION  ASSISTANCE  PROGRAM
FUNDING.  FUNDS  AWARDED  ON  THE  TUITION  ASSISTANCE  PROGRAM SHALL BE
APPLIED TOWARDS THE COST OF TUITION PRIOR TO AN AWARD UNDER THIS SUBPAR-
AGRAPH.
  (IV) STUDENTS SHALL BE RESPONSIBLE FOR ALL OTHER COSTS INCLUDING HOUS-
ING, FEES AND OTHER NON-TUITION RELATED CHARGES.
  (V) (A) THIS PROGRAM SHALL NOT APPLY IN ACADEMIC YEARS  COMMENCING  ON
OR  BEFORE  THE  EFFECTIVE DATE OF THIS PARAGRAPH. (B) FOR THE FIRST TWO
YEARS AFTER THE EFFECTIVE DATE OF THIS  PARAGRAPH,  THIS  PROGRAM  SHALL
ONLY APPLY TO STUDENTS ATTENDING COMMUNITY COLLEGES AS DEFINED BY SUBDI-
VISION  TWO  OF  SECTION SIXTY-THREE HUNDRED ONE OF THIS CHAPTER. (C) IN
ALL OTHER YEARS, THIS PROGRAM SHALL  APPLY  TO  ALL  STUDENTS  ATTENDING
SUNY, CUNY AND COMMUNITY COLLEGES OF THE STATE.
  S  5. Subdivision 1 of section 6304 of the education law is amended by
adding a new paragraph a-1 to read as follows:
  A-1. STATE FINANCIAL AID SHALL BE INCREASED ABOVE THE ONE-THIRD AMOUNT
OF OPERATING COSTS SET FORTH IN PARAGRAPH A OF THIS  SUBDIVISION  BY  AN
AMOUNT  WHICH  IS  EQUAL  TO THE COST OF TUITION AWARDED TO STUDENTS WHO
APPLY AND QUALIFY FOR THE PROGRAM SET  FORTH  IN  PARAGRAPH  E  OF  THIS
SUBDIVISION.
  S  6. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law; provided, however,  effec-
tive  immediately,  the addition, amendment and/or repeal of any rule or
regulation necessary for the implementation of this act on its effective
date is authorized to be made and completed on or before such  effective
date.

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Assembly Bill A5098A

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

multi-Sponsors

2015-A5098 - Details

2015-A5098 - Summary

2015-A5098 - Bill Text download pdf

co-Sponsors

multi-Sponsors

2015-A5098A (ACTIVE) - Details

2015-A5098A (ACTIVE) - Summary

2015-A5098A (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A5098A

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Sponsored By

SKOUFIS

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Richard Gottfried

Thomas Abinanti

Michael Benedetto

Edward Braunstein

multi-Sponsors

James F. Brennan

John Ceretto

Michael Cusick

Michael DenDekker

2015-A5098 - Details

2015-A5098 - Summary

2015-A5098 - Bill Text download pdf

co-Sponsors

Richard Gottfried

Thomas Abinanti

Michael Benedetto

Edward Braunstein