NY State Senate Bill 2023-S9139

Senate Bill S9139

2023-2024 Legislative Session

Enacts "SUNY for all: the New York State higher education equality act" to provide free tuition to students who attend SUNY

download bill text pdf

Current Bill Status - In Senate Committee Higher Education 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 30, 2024	referred to higher education

2023-S9139 (ACTIVE) - Details

See Assembly Version of this Bill:: A8080
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§355, 667, 669-h & 6304, Ed L; add §97-aaaa, St Fin L

2023-S9139 (ACTIVE) - Summary

Enacts "new deal for SUNY: the New York state higher education equality act" to provide free tuition to students who attend SUNY who are enrolled in academic coursework and are on track to graduate; establishes the state university tuition fund to reimburse the state university of New York for the cost of tuition for students who are eligible for free tuition.

2023-S9139 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9139

SPONSOR: WEBB
 
TITLE OF BILL:

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

 
PURPOSE:

To provide a program for providing free tuition to undergraduate
in-state students attending the State University of New York

 
SUMMARY OF PROVISIONS:

Section 1 names the title of the bill.

Section 2 amends paragraph h of subdivision 2 of section 355 of the
education law to require the trustees to eliminate tuition at four-year
colleges.

Section 3 amends section 667 of the education law to permit the redi-
rection of TAP funding into a new fund to cover the cost of tuition.

Section 4 adds a new subdivision 7 to section 669-h of the education law
to permit the redirection of Excelsior funding into a new fund to cover
the cost of tuition.

Section 5 amends subdivision 1 of section 6304 of the education law to
require the trustees to eliminate tuition at SUNY community colleges.

Section 6 adds a new paragraph A-1 to section 6304 the education law to
redirect funding necessary to cover the cost of community college
tuition.

Section 7 adds the effective date.

 
JUSTIFICATION:

The State University of New York was founded in 1948, with the aim of
providing affordable higher education to individuals throughout the
state. However, over the years, the cost of attending SUNY has risen
substantially as state funding has decreased and tuition rates have
increased in order to cover expenses. Since 2011, public college
students have been charged nearly $4 billion more as a result of sched-
uled tuition hikes at SUNY and CUNY1. Today, over half of SUNY students
graduate in debt, with an average loan burden of nearly $30,000 2,
making it difficult for many students to afford a college degree. This
difficulty is directly reflected in declining enrollment with studies
showing that for every $100 increase in tuition, a 0.7% participation
drop should be expected and SUNY enrollment has decreased by over 80,000
students since 2012.3 Making SUNY free can attract more students to
attend, ultimately increasing enrollment and revenue for the university
system.

Over the same period of declining enrollment and increasing costs, a
college degree has become more and more essential in today's job market.
A college education can increase an individual's earning potential and
provide more employment opportunities. More than ever before, the New
York workforce requires a higher level of education to remain compet-
itive in the global economy, and our society has recognized this by
pushing for higher college enrollment rates.  However, the cost of this
investment in education can be too much for students who face debt
burdens that can take decades to repay. This debt can be a significant
hindrance to students when it comes to finding employment, buying a
home, or starting a family. This burden can also discourage students
from pursuing higher education altogether. By making SUNY free, we can
alleviate this burden and make higher education more accessible to all.

In addition, making public college free for New York students can help
address the income inequality that plagues our state. Income inequality
in New York is the worst in the country', and free public colleges can
help level the playing field. Families that cannot afford to send their
children to college currently face difficult decisions about borrowing
money, delaying retirement, or forgoing necessary expenses. This only
perpetuates the cycle of poverty, keeping people from breaking out of a
lower income bracket. In 2017, the promise of tuition-free SUNY was made
when New York announced the Excelsior program, claiming that 940,000
students would be eligible.' However, due to excessively strict eligi-
bility requirements, less than 10% of that number have received the
scholarship to date.' It is time to live up to that promise. Enacting
true free tuition in New York state would allow more people from low-in-
come families to attend college and potentially improve their standard
of living.

Aside from the individual benefits, making SUNY free also has signif-
icant economic benefits. SUNY plays a crucial role in the economic and
social development of New York State. Its institutions educate about
half of the state's nurses' and over 25% of its teachers.' Additionally,
SUNY is the primary institution training the state's future leaders in
science, technology, engineering, and mathematics (STEM) fields. SUNY's
research and development initiatives also contribute to the state's
economic growth, with its institutions receiving more than $1 billion in
research funding annually. By providing access to a college education
for all, New York can invest in its future workforce and promote econom-
ic growth.  Graduates of SUNY often become entrepreneurs, innovators,
and leaders in their respective fields, ultimately contributing to the
New York economy. The average bachelor's degree holder contributes
$278,000 more to local economies than the average high school graduate
through direct spending over the course of a lifetime; and an associate
degree holder contributes $81,000 more than a high school graduate.' For
every $1 invested in SUNY, New York State's economy benefits the equiv-
alent of $8.17 and is responsible for nearly 2% of the gross state prod-
uct.'

In light of the Supreme Court's recent decisions on student debt relief
and affirmative action policies, the best way to ensure and even
increase opportunities for higher education among black and minority New
Yorkers is to eliminate restrictive and onerous criteria for financial
aid and simply provide free access statewide. Universal access to educa-
tion is a fundamental human right and a cornerstone of democracy. Educa-
tion empowers students and helps them build better lives. It is impor-
tant both for individuals and the future wellbeing of the state that all
students are given the opportunity to pursue the best education they are
capable of, regardless of their financial situation. Establishing free

tuition for in-state students has demonstrably beneficial outcomes for
the state of its residents.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Immediately
1 https://wwvv.nypirg.org/pubs/202003/Policy_Close-Up_1_HigherEd_
Mar2020_Final.pdf
2 https://files.eric.ed.gov/fulltext/ED613860.pdf
3 https://spectrumlocalnews.com/nys/central-ny/news/2023/03/01/ suny-
chancellor-weighs-in-on-dropping-student-enrollment--
4 https://fiscalpolicy.org/ inequality-in-new-york-options-for-
progressive- tax-reform
5 https://www.ny.gov/programs/ tuition-free-degree-program-excelsior-
scholarship
6 https://www.cnbc.com/2022/05/27/new-york-made-4-years-of-college-
free-heres-how-its-going.html
7 https://www.suny.edu/suny-news/press-releases/3-23/3-27-23-nursing/
legislation.html
8 https://wvvvv.suny.edu/sunypp/documents.cfm?doc_jd=220
9 www.brookings.edu/research/what-colleges-do-for-local-economies-a-
direct-measure-based-on-consumption/
10 https://rockinst.org/issue-area/theeconomic-impact-of-the-state-
university-of-new-york/

2023-S9139 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9139
 
                             I N  S E N A T E
 
                              April 30, 2024
                                ___________
 
 Introduced  by  Sen.  WEBB  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Higher Education
 
 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.
   (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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08930-07-4
 S. 9139                             2
 
 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-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:
 S. 9139                             3
 
   § 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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.