S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8080--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 27, 2023
                                ___________
 
 Introduced  by  M.  of A. FORREST, MITAYNES, ALVAREZ, BICHOTTE HERMELYN,
   GALLAGHER, SHRESTHA, TAYLOR, TAPIA, MAMDANI,  GONZALEZ-ROJAS,  ARDILA,
   SIMON,  DAVILA  --  read  once and referred to the Committee on Higher
   Education -- recommitted to  the  Committee  on  Higher  Education  in
   accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN ACT to amend the education law and the state finance law, in relation
   to  providing free tuition to students who attend the state university
   of New York
 
   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 "new deal for
 SUNY: the New York state higher education equality act".
   § 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)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, RULE OR REGULATION
 TO THE CONTRARY, THE TRUSTEES SHALL IMPLEMENT A PROGRAM  TO  PERMIT  ANY
 STUDENT  WHO  HAS  BEEN  ADMITTED TO A STATE-OPERATED INSTITUTION OF THE
 STATE UNIVERSITY OF NEW YORK 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.
   (I) THE TRUSTEES SHALL PROVIDE AN APPLICATION PROCESS  AND  ADMINISTER
 THE  PROGRAM  WHICH SHALL BE AVAILABLE TO ANY STUDENT ELIGIBLE FOR RESI-
 DENT TUITION RATES, WHO IS ENROLLED IN CREDIT-BEARING  ACADEMIC  COURSE-
 WORK AND IS ON TRACK TO GRADUATE.
   (II)  ANY  STUDENT NOT SUCCESSFULLY COMPLETING CREDIT-BEARING ACADEMIC
 COURSEWORK IN A SEMESTER SHALL STILL BE ELIGIBLE TO  RECEIVE  ALL  OTHER
 GRANTS, AWARDS, AND SCHOLARSHIPS FOR WHICH THEY QUALIFY BUT SHALL NOT BE
 ELIGIBLE FOR THE TUITION AND STUDENT FEE WAIVER DESCRIBED HEREIN.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08930-06-4
 A. 8080--A                          2
              

 
   (III)  STUDENTS  SHALL BE ELIGIBLE TO RECEIVE A ONE SEMESTER EXEMPTION
 FROM THE REQUIREMENT TO COMPLETE CREDIT-BEARING ACADEMIC COURSEWORK  FOR
 SUCH TUITION WAIVER AS PROMULGATED BY THE TRUSTEES. SUCH EXEMPTION SHALL
 NOT  PRECLUDE ANY STUDENT FROM EXERCISING THEIR RIGHT TO APPEAL PURSUANT
 TO HIGHER EDUCATION SERVICES CORPORATION POLICY.
   (IV) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
 THE  CONTRARY  SUBJECT  TO  AMOUNTS  MADE  AVAILABLE  BY  APPROPRIATION,
 COMMENCING IN THE ACADEMIC YEAR NEXT SUCCEEDING THE  EFFECTIVE  DATE  OF
 THIS  SUBDIVISION, AND EVERY ACADEMIC YEAR THEREAFTER, THE STATE UNIVER-
 SITY  SHALL  BE  ENTITLED  TO  ANNUALLY  RECEIVE  ONE  HUNDRED   PERCENT
 REIMBURSEMENT  FOR  THE ANNUAL COST OF TUITION AND STUDENT FEES FOR EACH
 MATRICULATED UNDERGRADUATE STUDENT AT A STATE UNIVERSITY SENIOR  COLLEGE
 AND COMMUNITY COLLEGE WHO IS ENROLLED IN CREDIT-BEARING ACADEMIC COURSE-
 WORK  AND  IS ON TRACK TO GRADUATE FROM THE FUND ESTABLISHED PURSUANT TO
 SECTION NINETY-SEVEN-AAAA OF THE STATE FINANCE LAW.
   § 3. Section 667 of the education law  is  amended  by  adding  a  new
 subdivision 1-a to read as follows:
   1-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
 THE CONTRARY, COMMENCING IN THE ACADEMIC YEAR NEXT SUCCEEDING THE EFFEC-
 TIVE  DATE  OF THIS SUBDIVISION, AND EVERY ACADEMIC YEAR THEREAFTER, ALL
 FUNDING APPROPRIATED FOR TUITION ASSISTANCE PROGRAM AWARDS  PURSUANT  TO
 THIS SECTION SHALL BE DEPOSITED INTO THE FUND SPECIFIED IN SECTION NINE-
 TY-SEVEN-AAAA OF THE STATE FINANCE LAW.
   §  4.  Section  669-h  of the education law is amended by adding a new
 subdivision 7 to read as follows:
   7. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR  REGULATION  TO
 THE CONTRARY, COMMENCING IN THE ACADEMIC YEAR NEXT SUCCEEDING THE EFFEC-
 TIVE  DATE  OF THIS SUBDIVISION, AND EVERY ACADEMIC YEAR THEREAFTER, ALL
 FUNDING APPROPRIATED FOR THE  EXCELSIOR  SCHOLARSHIP  PURSUANT  TO  THIS
 SECTION  SHALL  BE  DEPOSITED INTO THE FUND SPECIFIED IN SECTION NINETY-
 SEVEN-AAAA OF THE STATE FINANCE LAW.
   § 5. Subdivision 1 of section 6304 of the education law is amended  by
 adding a new paragraph e to read as follows:
   E.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
 THE CONTRARY, THE TRUSTEES, SPONSORS,  OR  OTHER  GOVERNING  BODY  OF  A
 COMMUNITY  COLLEGE  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 PARAGRAPH.
   (I) THE TRUSTEES SHALL PROVIDE AN APPLICATION PROCESS  AND  ADMINISTER
 THE  PROGRAM  WHICH SHALL BE AVAILABLE TO ANY STUDENT ELIGIBLE FOR RESI-
 DENT TUITION RATES, WHO IS ENROLLED IN CREDIT-BEARING  ACADEMIC  COURSE-
 WORK AND IS ON TRACK TO GRADUATE.
   (II)  ANY  STUDENT NOT SUCCESSFULLY COMPLETING CREDIT-BEARING ACADEMIC
 COURSEWORK IN A SEMESTER SHALL STILL BE ELIGIBLE TO  RECEIVE  ALL  OTHER
 GRANTS, AWARDS, AND SCHOLARSHIPS FOR WHICH THEY QUALIFY BUT SHALL NOT BE
 ELIGIBLE FOR THE TUITION AND STUDENT FEE WAIVER DESCRIBED HEREIN.
   (III)  STUDENTS  SHALL BE ELIGIBLE TO RECEIVE A ONE SEMESTER EXEMPTION
 FROM THE REQUIREMENT TO COMPLETE CREDIT-BEARING ACADEMIC COURSEWORK  FOR
 SUCH TUITION WAIVER AS PROMULGATED BY THE TRUSTEES. SUCH EXEMPTION SHALL
 NOT  PRECLUDE ANY STUDENT FROM EXERCISING THEIR RIGHT TO APPEAL PURSUANT
 TO HIGHER EDUCATION SERVICES CORPORATION POLICY.
   § 6. Subdivision 1 of section 6304 of the education law is amended  by
 adding a new paragraph a-1 to read as follows:
 A. 8080--A                          3
 
   A-1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
 THE CONTRARY, 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 AND SUCH AID SHALL BE DEPOSITED INTO THE FUND  SPECIFIED  IN
 SECTION NINETY-SEVEN-AAAA OF THE STATE FINANCE LAW.
   §  7. The state finance law is amended by adding a new section 97-aaaa
 to read as follows:
   § 97-AAAA. STATE UNIVERSITY TUITION FUND. 1. THERE  IS  HEREBY  ESTAB-
 LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION-
 ER  OF  TAXATION  AND FINANCE A FUND TO BE KNOWN AS THE STATE UNIVERSITY
 TUITION FUND.
   2. THE FUND SHALL CONSIST OF MONEYS RECEIVED BY THE STATE PURSUANT  TO
 SUBPARAGRAPH  ONE-A  OF  PARAGRAPH H OF SUBDIVISION TWO OF SECTION THREE
 HUNDRED FIFTY-FIVE OF THE EDUCATION LAW, MONEYS DONATED OR GIVEN TO  THE
 STATE, AND ALL OTHER MONEYS APPROPRIATED, CREDITED OR TRANSFERRED THERE-
 TO FROM ANY OTHER FUND OR SOURCE.
   3.  MONEYS  OF THE FUND SHALL BE MADE AVAILABLE TO THE COMMISSIONER OF
 EDUCATION TO BE DISTRIBUTED TO THE STATE  UNIVERSITY  OF  NEW  YORK  AND
 SHALL  BE  DEPOSITED WITH THE STATE UNIVERSITY NO LATER THAN THIRTY DAYS
 AFTER THE START OF THE SEMESTER. THE STATE UNIVERSITY SHALL  RECEIVE  AN
 AMOUNT  EQUAL  TO  THE  FULL  COST OF IN-STATE UNDERGRADUATE TUITION AND
 STUDENT FEES FOR EACH QUALIFYING, MATRICULATED STUDENT WHO  SUCCESSFULLY
 COMPLETES CREDIT-BEARING ACADEMIC COURSEWORK AND IS ON TRACK TO GRADUATE
 FROM THE STATE UNIVERSITY.
   4. THE FULL COST OF TUITION SHALL NOT INCLUDE ANY ADDITIONAL FUNDS THE
 STUDENT  MAY  RECEIVE  FROM  ANY  OTHER NEW YORK STATE OR FEDERAL GRANT,
 AWARD, OR SCHOLARSHIP PROGRAM.
   5. THE DEPOSIT OF THESE FUNDS SHALL BE UTILIZED AS FIRST DOLLAR AWARDS
 TO THE STUDENTS AT THE STATE UNIVERSITY.
   § 8. This act shall take effect immediately.