Assembly Bill A8191B

2023-2024 Legislative Session

Relates to recovery for certain overpayments

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Sponsored By

Current 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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Bill Amendments

2023-A8191 - Details

See Senate Version of this Bill:
S7713
Current Committee:
Assembly Ways And Means
Law Section:
Education

2023-A8191 - Summary

Prohibits the higher education services corporation from seeking recovery of awards made in error during certain academic years due to administrative error.

2023-A8191 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8191
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 27, 2023
                                ___________
 
 Introduced  by  M. of A. FAHY -- read once and referred to the Committee
   on Higher Education
 
 AN ACT in relation to prohibiting the higher education  services  corpo-
   ration  from  revoking  or  seeking remittance of awards made in error
   during certain academic years  due  to  misclassification  of  certain
   students

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Notwithstanding section 662 of the education  law,  or  any
 other  law,  rule,  or  regulation to the contrary, the higher education
 services corporation shall not revoke or seek remittance for  any  award
 made  under  article  14  of  the  education  law  for  the  2020--2021,
 2021--2022, or 2022--2023 academic years,  where  such  award  was  made
 through  error due to the misclassification of a student who was granted
 exclusion of parental income with no dependent, as  a  student  who  was
 granted  exclusion  of parental income with a dependent, pursuant to the
 award schedule under section 667 of the education law.
   § 2. This act shall take effect immediately.
 
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13304-01-3

2023-A8191A - Details

See Senate Version of this Bill:
S7713
Current Committee:
Assembly Ways And Means
Law Section:
Education

2023-A8191A - Summary

Prohibits the higher education services corporation from seeking recovery of awards made in error during certain academic years due to administrative error.

2023-A8191A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8191--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 27, 2023
                                ___________
 
 Introduced  by  M. of A. FAHY -- read once and referred to the Committee
   on Higher Education -- 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 student refunds
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph a of subdivision 4 of section 665 of the educa-
 tion law, as added by chapter 195 of the laws of  1980,  is  amended  to
 read as follows:
   a.  Student  refunds.  If  a  student  receives payment as a result of
 administrative error by the institution or the corporation or a false or
 erroneous statement on [his] SUCH  STUDENT'S  application  or  financial
 form,  or  any  other  act  of omission or commission on the part of the
 student, [his] SUCH STUDENT'S spouse, or [his] SUCH  STUDENT'S  parents,
 such  that  the  recipient  would  otherwise have been considered by the
 president ineligible to receive such payment,  the  recipient  shall  be
 required  to  refund the improper payment to the state. PROVIDED THAT NO
 REPAYMENT SHALL BE DEMANDED OR OCCUR FROM A STUDENT, FORMER  STUDENT  OR
 INSTITUTION  WHERE  THE ERROR WAS AN INADVERTENT OR ADMINISTRATIVE ERROR
 ON THE PART OF THE CORPORATION OR OTHER STATE AGENCY.
   § 2. This act shall take effect immediately and be deemed to have been
 in full force and effect for academic years beginning 2020--2021.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13304-03-4

co-Sponsors

2023-A8191B (ACTIVE) - Details

See Senate Version of this Bill:
S7713
Current Committee:
Assembly Ways And Means
Law Section:
Education

2023-A8191B (ACTIVE) - Summary

Prohibits the higher education services corporation from seeking recovery of awards made in error during certain academic years due to administrative error.

2023-A8191B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8191--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 27, 2023
                                ___________
 
 Introduced  by  M. of A. FAHY -- read once and referred to the Committee
   on Higher Education -- 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 -- 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
   committee
 
 AN ACT in relation to recovery for certain overpayments
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Notwithstanding any law, rule, or regulation to the contra-
 ry, the higher education services corporation shall  not  seek  recovery
 for overpayment where, through administrative error by such corporation,
 a  student  was  incorrectly granted exclusion of parental income with a
 dependent for the 2021--2022, 2022--2023, or 2023--2024  academic  years
 for  the  purposes of determining eligibility pursuant to section 667 of
 the education law.
   § 2. This act shall take effect immediately.
 
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13304-04-4

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