S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6903
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 13, 2021
                                ___________
 
 Introduced  by  M.  of  A.  TANNOUSIS  --  read once and referred to the
   Committee on Higher Education
 
 AN ACT to amend the education law, in relation to TAP awards
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivisions 1 and 2 of section 667 of the education law,
 subdivision 1 as amended by chapter 622 of the laws of 2008 and subdivi-
 sion 2 as amended by chapter 376 of the laws of  2019,  are  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,
 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 exceed one
 hundred percent of the  amount  of  tuition  charged.  NOTHING  IN  THIS
 SECTION,  SECTION  SIX  HUNDRED  SIXTY-ONE  OF  THIS  PART, OR ANY OTHER
 PROVISION OF THIS CHAPTER SHALL BE READ TO EXCLUDE ANY GRADUATE  PROGRAM
 FROM  CLASSIFICATION  BY THE COMMISSIONER AS AN APPROVED PROGRAM FOR THE
 PURPOSES OF THIS SECTION.
   2. Duration. No undergraduate shall be eligible  for  more  than  four
 academic  years of study, or five academic years if the program of study
 normally requires five years. Students enrolled in a program of remedial
 study, approved by the commissioner in an institution of  higher  educa-
 tion and intended to culminate in a degree in undergraduate study shall,
 for  purposes of this section, be considered as enrolled in a program of
 study normally requiring five years. An undergraduate  student  enrolled
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10703-01-1

 A. 6903                             2
 
 in  an  eligible  two year program of study approved by the commissioner
 shall be eligible for no more than three academic years of  study.    NO
 GRADUATE  STUDENT SHALL BE ELIGIBLE FOR MORE THAN FOUR ACADEMIC YEARS OF
 STUDY  PROVIDED, HOWEVER, THAT NO GRADUATE STUDENT SHALL BE ELIGIBLE FOR
 MORE  THAN  ONE  DEGREE  PROGRAM  AT THE MASTER'S, FIRST PROFESSIONAL OR
 DOCTORATE LEVEL. NO STUDENT SHALL BE ELIGIBLE FOR A TOTAL OF  MORE  THAN
 THE  EQUIVALENT  OF  EIGHT  YEARS OF COMBINED UNDERGRADUATE AND GRADUATE
 STUDY. An undergraduate student enrolled in an approved two or four-year
 program of study approved by  the  commissioner  who  must  transfer  to
 another  institution  as  a result of permanent college closure shall be
 eligible for up to two additional semesters, or their equivalent, to the
 extent credits necessary to complete his or her program  of  study  were
 deemed  non-transferable  from the closed institution or were deemed not
 applicable to such student's program of study by  the  new  institution.
 Any  semester,  quarter,  or  term  of attendance during which a student
 receives any award under this article, after the effective date  of  the
 former  scholar  incentive  program  and prior to academic year nineteen
 hundred eighty-nine--nineteen hundred ninety, shall  be  counted  toward
 the  maximum  term  of  eligibility  for  tuition  assistance under this
 section, except that any semester, quarter or term of attendance  during
 which  a  student  received  an  award  pursuant  to section six hundred
 sixty-six of this subpart shall be counted as one-half  of  a  semester,
 quarter  or  term, as the case may be, toward the maximum term of eligi-
 bility under this section. Any semester, quarter or term  of  attendance
 during which a student received an award pursuant to section six hundred
 sixty-seven-a  of  this  subpart shall not be counted toward the maximum
 term of eligibility under this section.
   § 2. Subitem (c) of item 1 of clause (A) of subparagraph (i) of  para-
 graph  (a)  of  subdivision  3  of  section 667 of the education law, as
 amended by section 1 of part U of chapter 56 of the  laws  of  2014,  is
 amended to read as follows:
   (c) For students first receiving aid in two thousand--two thousand one
 and  thereafter,  five thousand dollars, except starting in two thousand
 fourteen-two thousand fifteen and thereafter such students shall receive
 five thousand one hundred sixty-five dollars,  EXCEPT  STARTING  IN  TWO
 THOUSAND   TWENTY-ONE--TWO   THOUSAND  TWENTY-TWO  AND  THEREAFTER  SUCH
 STUDENTS SHALL RECEIVE FIVE THOUSAND  SIX  HUNDRED  SIXTY-FIVE  DOLLARS,
 EXCEPT  STARTING  IN  TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE
 AND THEREAFTER SUCH STUDENTS  SHALL  RECEIVE  SIX  THOUSAND  SIXTY-EIGHT
 DOLLARS,  EXCEPT  STARTING  IN  TWO  THOUSAND TWENTY-THREE--TWO THOUSAND
 TWENTY-FOUR AND THEREAFTER SUCH STUDENTS SHALL RECEIVE SIX THOUSAND FOUR
 HUNDRED SEVENTY DOLLARS; or
   § 3. Subitem (a) of item 2 of clause (A) of subparagraph (i) of  para-
 graph a of subdivision 3 of section 667 of the education law, as amended
 by  section 2 of part H of chapter 58 of the laws of 2011, is amended to
 read as follows:
   (a) For students first receiving aid  in  nineteen hundred ninety-four
 --nineteen  hundred  ninety-five and nineteen hundred ninety-five--nine-
 teen hundred ninety-six and  thereafter,  three  thousand  FIVE  HUNDRED
 twenty-five dollars, or
   §  4. Subparagraph (ii) of paragraph a of subdivision 3 of section 667
 of the education law is amended by adding a  new  closing  paragraph  to
 read as follows:
   PROVIDED,  HOWEVER,  STARTING IN TWO THOUSAND TWENTY-ONE--TWO THOUSAND
 TWENTY-TWO AND THEREAFTER THE AMOUNT OF INCOME SHALL BE  EIGHTEEN  THOU-
 SAND  DOLLARS  OR  MORE,  BUT NO MORE THAN ONE HUNDRED THOUSAND DOLLARS.

 A. 6903                             3
 
 PROVIDED, HOWEVER, STARTING IN  TWO  THOUSAND  TWENTY-TWO--TWO  THOUSAND
 TWENTY-THREE AND THEREAFTER THE AMOUNT OF INCOME SHALL BE EIGHTEEN THOU-
 SAND DOLLARS OR MORE, BUT NO MORE THAN ONE HUNDRED TEN THOUSAND DOLLARS.
 PROVIDED,  HOWEVER,  STARTING IN TWO THOUSAND TWENTY-THREE--TWO THOUSAND
 TWENTY-FOUR AND THEREAFTER THE AMOUNT OF INCOME SHALL BE EIGHTEEN  THOU-
 SAND  DOLLARS OR MORE, BUT NO MORE THAN ONE HUNDRED TWENTY-FIVE THOUSAND
 DOLLARS.
   § 4-a. Subparagraph (vi) 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:
   (vi) For the two thousand two--two thousand three  academic  year  and
 thereafter,  the award shall be the net amount of the base amount deter-
 mined pursuant to subparagraph (i) of this paragraph reduced pursuant to
 subparagraph (ii) or (iii) of this paragraph but the award shall not  be
 reduced below [five hundred] ONE THOUSAND dollars.
   § 5. Subparagraph (iii) of paragraph a of subdivision 3 of section 667
 of  the  education  law  is amended by adding a new closing paragraph to
 read as follows:
   PROVIDED, HOWEVER, STARTING IN TWO THOUSAND  TWENTY-ONE--TWO  THOUSAND
 TWENTY-TWO  AND  THEREAFTER THE AMOUNT OF INCOME SHALL BE EIGHTEEN THOU-
 SAND DOLLARS OR MORE, BUT NO MORE THAN  ONE  HUNDRED  THOUSAND  DOLLARS.
 PROVIDED,  HOWEVER,  STARTING  IN  TWO THOUSAND TWENTY-TWO--TWO THOUSAND
 TWENTY-THREE AND THEREAFTER THE AMOUNT OF INCOME SHALL BE EIGHTEEN THOU-
 SAND DOLLARS OR MORE, BUT NO MORE THAN ONE HUNDRED TEN THOUSAND DOLLARS.
 PROVIDED, HOWEVER, STARTING IN TWO THOUSAND  TWENTY-THREE--TWO  THOUSAND
 TWENTY-FOUR  AND THEREAFTER THE AMOUNT OF INCOME SHALL BE EIGHTEEN THOU-
 SAND DOLLARS OR MORE, BUT NO MORE THAN ONE HUNDRED TWENTY-FIVE  THOUSAND
 DOLLARS.
   §  6. Item 1 of clause (A) of paragraph (i) of paragraph b of subdivi-
 sion 3 of section 667 of the education law, as amended by chapter 309 of
 the laws of 1996, is amended to read as follows:
   (1) [eight hundred] ONE THOUSAND THREE HUNDRED dollars, or
   § 7. Paragraph c of subdivision 3 of section 667 of the education law,
 as relettered by section 2 of part J of chapter 58 of the laws of  2011,
 is  relettered  paragraph  d  and  new  paragraph  c is added to read as
 follows:
   C. AMOUNT. THE PRESIDENT SHALL MAKE AWARDS TO GRADUATE STUDENTS IN THE
 FOLLOWING AMOUNTS:
   (I) FOR EACH YEAR OF GRADUATE STUDY, ASSISTANCE SHALL BE  PROVIDED  AS
 COMPUTED  ON  THE BASIS OF THE AMOUNT WHICH IS THE LESSER OF THE FOLLOW-
 ING: (A) FIVE HUNDRED FIFTY DOLLARS; OR (B) NINETY PERCENT OF THE AMOUNT
 OF TUITION (EXCLUSIVE OF EDUCATION FEES) CHARGED,
   (II) EXCEPT FOR STUDENTS AS NOTED IN SUBPARAGRAPH (III) OF THIS  PARA-
 GRAPH,  THE  BASE AMOUNT AS DETERMINED IN SUBPARAGRAPH (I) OF THIS PARA-
 GRAPH, SHALL BE REDUCED IN RELATION TO INCOME AS FOLLOWS:
 
 AMOUNT OF INCOME                    SCHEDULE OF REDUCTION OF
                                     BASE AMOUNT
 (A) LESS THAN TWO THOUSAND DOLLARS  NONE
 (B) TWO THOUSAND DOLLARS OR MORE    SEVEN AND SEVEN-TENTHS PER
     BUT NOT MORE THAN TWENTY        CENTUM OF THE EXCESS OVER
     THOUSAND DOLLARS                TWO THOUSAND DOLLARS
 
   (III) FOR STUDENTS WHO HAVE BEEN GRANTED EXCLUSION OF PARENTAL  INCOME
 AND  WERE  SINGLE  WITH NO DEPENDENTS FOR INCOME TAX PURPOSES DURING THE
 TAX YEAR NEXT PRECEDING THE ACADEMIC YEAR FOR WHICH APPLICATION IS MADE,

 A. 6903                             4

 THE BASE AMOUNT AS DETERMINED IN SUBPARAGRAPH  (I)  OF  THIS  PARAGRAPH,
 SHALL BE REDUCED IN RELATION TO INCOME AS FOLLOWS:
 
 AMOUNT OF INCOME                    SCHEDULE OF REDUCTION OF BASE
                                     AMOUNT
 (A) LESS THAN ONE THOUSAND          NONE
     DOLLARS
 (B) ONE THOUSAND DOLLARS OR         TWENTY-SIX PER CENTUM OF THE
     MORE, BUT NOT MORE THAN         EXCESS OVER ONE THOUSAND DOLLARS
     FIVE THOUSAND SIX
     HUNDRED SIXTY-SIX DOLLARS
 
   (IV)  IF  THE  AMOUNT  OF REDUCTION IS NOT A WHOLE DOLLAR, IT SHALL BE
 REDUCED TO THE NEXT LOWEST WHOLE DOLLAR.
   (V) THE AWARD SHALL BE THE NET AMOUNT OF THE  BASE  AMOUNT  DETERMINED
 PURSUANT  TO  SUBPARAGRAPH (II) OR (III) OF THIS PARAGRAPH BUT THE AWARD
 SHALL NOT BE REDUCED BELOW SEVENTY-FIVE DOLLARS. IF THE  INCOME  EXCEEDS
 THE  MAXIMUM AMOUNT OF INCOME ALLOWABLE UNDER SUBPARAGRAPH (II) OR (III)
 OF THIS PARAGRAPH, NO AWARD SHALL BE MADE.
   § 8. Paragraph a, the opening paragraph of subparagraph 1 of paragraph
 b and paragraph d of subdivision 3 of section 663 of the education  law,
 paragraph  a  as amended by section 4, the opening paragraph of subpara-
 graph 1 of paragraph b as amended  by  section  5  and  paragraph  d  as
 amended  by  section  6 of part J of chapter 58 of the laws of 2011, are
 amended to read as follows:
   a. In determining the amount of an award for GRADUATE AND  UNDERGRADU-
 ATE students, the income of the parents shall be excluded if the student
 has been emancipated from his parents.
   The applicant is a student who was married on or before December thir-
 ty-first  of  the  calendar  year prior to the beginning of the academic
 year for which application is made or is an  undergraduate  student  who
 has  reached  the age of twenty-two on or before June thirtieth prior to
 the academic year for which application is made OR IS A GRADUATE STUDENT
 and who, during the calendar year next preceding the  semester,  quarter
 or  term  of  attendance  for which application is made and at all times
 subsequent thereto up to and  including  the  entire  period  for  which
 application is made:
   d.  Any  GRADUATE  OR undergraduate student who was allowed to exclude
 parental income pursuant to the provisions of FORMER  subdivision  three
 of  section  six  hundred three of this chapter as they existed prior to
 July first, nineteen hundred seventy-four may continue to  exclude  such
 income for so long as he continues to comply with such provisions.
   § 9. This act shall take effect immediately.