S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    76
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. ABBATE,
   BENEDETTO, COLTON, COOK,  CUSICK,  CYMBROWITZ,  ENGLEBRIGHT,  GUNTHER,
   HIKIND,  LUPARDO,  PEOPLES-STOKES, PERRY, SCHIMMINGER -- 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".
   § 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01412-01-7

 A. 76                               2
 
 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.
   § 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.
   §  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 amended by section 1 of part U of chapter 56 of the laws of 2014  and
 subparagraph (vi) as amended by 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 SEVENTEEN--TWO THOUSAND EIGHTEEN,

 A. 76                               3
 
 five thousand dollars[, except starting  in  two  thousand  fourteen-two
 thousand  fifteen  and thereafter such students shall receive five thou-
 sand one hundred sixty-five dollars]; or
   (I)  FOR  STUDENTS  FIRST RECEIVING AID IN TWO THOUSAND SEVENTEEN--TWO
 THOUSAND EIGHTEEN, FIVE THOUSAND FIVE HUNDRED DOLLARS; OR
   (II) FOR STUDENTS FIRST RECEIVING AID IN  TWO  THOUSAND  EIGHTEEN--TWO
 THOUSAND NINETEEN AND THEREAFTER, SIX THOUSAND DOLLARS.
   (vi)  For the two thousand [two] SEVENTEEN--two thousand [three] EIGH-
 TEEN academic year and thereafter, the award shall be the net amount  of
 the  base  amount  determined pursuant to subparagraph (i) of this para-
 graph 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.
   § 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.
   § 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.
   § 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
   § 8. Section 2 of the education law is amended by adding a new  subdi-
 vision 25 to read as follows:

 A. 76                               4
 
   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.
   §  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.