S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   638

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced   by  M.  of  A.  HOYT,  SCHIMMINGER,  BROOK-KRASNY,  CAMARA,
  KAVANAGH,  GREENE,  PEOPLES,  KOON,   BENEDETTO,   TOWNSEND,   WALKER,
  BACALLES,  FINCH, BENJAMIN, FIELDS, PERRY, SCHROEDER, MAISEL -- Multi-
  Sponsored by -- M. of A. BOYLAND, CHRISTENSEN, CROUCH,  DIAZ,  ERRIGO,
  GOTTFRIED,  GUNTHER,  JAFFEE,  JEFFRIES, JOHN, KOLB, MAGEE, McDONOUGH,
  OAKS, PHEFFER, QUINN, REILICH,  ROBINSON,  SALADINO,  SAYWARD,  SPANO,
  TOWNS, WEISENBERG -- read once and referred to the Committee on Higher
  Education

AN  ACT  to  amend  the education law, in relation to four and five year
  fixed tuitions at the state  university  of  New  York  and  the  city
  university  of  New  York;  and  providing  for  the  repeal  of  such
  provisions upon expiration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new section 361 to
read as follows:
  S  361.  FRESHMEN  TUITION CHARGES; FOUR OR FIVE YEAR FIXED AMOUNT. 1.
BEGINNING WITH THE ACADEMIC YEAR TWO THOUSAND TEN--TWO THOUSAND  ELEVEN,
THE  AMOUNT  OF TUITION AND ANY CAMPUS BASED OR STUDENT FEES PAID BY ANY
FULL-TIME RESIDENT STUDENT ENTERING AS AN UNDERGRADUATE FRESHMAN AT  ANY
OF  THE  FOUR  UNIVERSITY CENTERS OR THE DESIGNATED COLLEGES OF ARTS AND
SCIENCES, OR THE AGRICULTURAL AND TECHNICAL COLLEGES AT ALFRED,  CANTON,
COBLESKILL,  DELHI,  FARMINGDALE,  MORRISVILLE  AND  MARITIME,  AND  THE
COLLEGE OF TECHNOLOGY AT UTICA/ROME, OR ANY SENIOR COLLEGE OF  THE  CITY
UNIVERSITY,  SHALL  NOT  BE  INCREASED  FOR THE PERIOD CONSISTING OF THE
THREE SCHOOL YEARS SUBSEQUENT TO SUCH FRESHMAN YEAR OR FOUR YEARS IF THE
RESIDENT STUDENT IS ENROLLED IN A FIVE  YEAR  DEGREE  PROGRAM,  PROVIDED
THAT  SUCH  ATTENDANCE  IS ON A FULL-TIME BASIS FOR EACH OF SUCH FOUR OR
FIVE YEARS AT ANY SUCH UNIVERSITY OR COLLEGE SET FORTH IN THIS  SUBDIVI-
SION.
  2.  UPON  COMPLETION  OF  THE  FOUR  OR FIVE SCHOOL YEARS SET FORTH IN
SUBDIVISION ONE OF THIS SECTION, ANY RESIDENT STUDENT WHO  CONTINUES  IN
FULL-TIME  OR  PART-TIME  ATTENDANCE FOR A FIFTH OR SIXTH SCHOOL YEAR AT
              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02850-01-9

A. 638                              2

ANY OF THE UNIVERSITIES OR COLLEGES SET FORTH IN SUBDIVISION ONE OF THIS
SECTION OR ANY SENIOR COLLEGE OF THE CITY UNIVERSITY, SHALL PAY  TUITION
AS  DETERMINED PURSUANT TO THE PROVISIONS OF THIS CHAPTER FOR SUCH YEAR.
TUITION  CHARGES  FOR  ANY  ADDITIONAL  YEARS  OF FULL-TIME OR PART-TIME
ATTENDANCE BEYOND THE FOUR OR  FIVE  YEARS  AS  DETERMINED  PURSUANT  TO
SUBDIVISION  ONE  OF THIS SECTION SHALL BE DETERMINED EACH YEAR PURSUANT
TO THE PROVISIONS OF THIS CHAPTER.
  3. ANY UNDERGRADUATE RESIDENT STUDENT THAT TRANSFERS FROM A  COMMUNITY
COLLEGE  TO  A UNIVERSITY OR COLLEGE PURSUANT TO SUBDIVISION ONE OF THIS
SECTION WITH AN ASSOCIATE DEGREE SHALL PAY TUITION  AT  SUCH  AMOUNT  AS
THAT STIPULATED PURSUANT TO THE PROVISIONS OF THIS CHAPTER FOR THAT YEAR
AND  FOR ONE SUBSEQUENT YEAR THEREAFTER, SUCH TRANSFER STUDENT SHALL PAY
TUITION PURSUANT TO THE CHARGES ESTABLISHED BY THE STATE  UNIVERSITY  OF
NEW YORK OR CITY UNIVERSITY OF NEW YORK BOARD OF TRUSTEES, PROVIDED THAT
SUCH STUDENT MAINTAINS HIS OR HER FULL-TIME STATUS.
  4.  BEGINNING  WITH  THE  ACADEMIC YEAR TWO THOUSAND TEN--TWO THOUSAND
ELEVEN, AND FOR EACH YEAR  THEREAFTER,  TUITION  SHALL  INCREASE  BY  AN
AMOUNT  CONSISTENT  WITH  THE  CONSUMER  PRICE  INDEX AS REPORTED BY THE
BUREAU OF LABOR STATISTICS OF THE UNITED STATES DEPARTMENT OF  LABOR  IN
AN AMOUNT NOT TO EXCEED TWO HUNDRED DOLLARS IN ANY SINGLE ACADEMIC YEAR,
FOR  A  FULL-TIME RESIDENT STUDENT ENTERING AS AN UNDERGRADUATE FRESHMAN
AT ANY COLLEGE AS DETERMINED BY SUBDIVISION ONE OF THIS SECTION.
  5. A. THE TUITION ADJUSTMENT ESTABLISHED PURSUANT TO SUBDIVISION  FOUR
OF  THIS  SECTION  SHALL  BE  CONTINGENT UPON THE STATE PROVIDING DIRECT
OPERATING AID IN AN AMOUNT EQUAL TO OR GREATER THAN THE  PREVIOUS  YEAR.
SUCH  OPERATING AID SHALL BE EQUAL TO THE PREVIOUS YEARS STATE OPERATING
AID PLUS ANY ADDED COST AS A RESULT OF COLLECTIVE  BARGAINING,  EMPLOYEE
FRINGE BENEFITS, AND THE AVERAGE INCREASE OF ENERGY COST FOR THE SYSTEM.
SUCH  AMOUNTS  SHALL  BE ESTABLISHED BY THE TRUSTEES AND THE DIVISION OF
BUDGET INCLUDED IN THEIR BUDGET REQUESTS EACH YEAR.
  B. IF THE FINAL ENACTED BUDGET PROVIDES DIRECT OPERATING AID EQUAL  TO
WHAT  IS  REQUIRED  BY PARAGRAPH A OF THIS SUBDIVISION, THEN THE TUITION
INCREASE SHALL BE AUTHORIZED, BUT NOT MANDATED, FOR  ANY  GIVEN  CAMPUS.
THE TUITION INCREASE AUTHORIZED PURSUANT TO THIS SECTION SHALL BE DETER-
MINED BY THE CAMPUS PRESIDENT WITH THE CONSENT OF THE BOARD OF TRUSTEES,
CONSISTENT WITH THE LIMITATIONS ESTABLISHED BY THIS SECTION.
  C.  IF  THE FINAL ENACTED BUDGET PROVIDES LESS DIRECT OPERATING AID TO
THE UNIVERSITY THAN THE PREVIOUS YEAR, AS  CALCULATED  PURSUANT  TO  THE
PROVISIONS  OF  THIS  SUBDIVISION,  THEN  THERE  SHALL  NOT BE A TUITION
INCREASE UNLESS SPECIFICALLY AUTHORIZED BY THE TRUSTEES, IN  WHICH  CASE
THE TUITION INCREASE AUTHORIZED SHALL NOT EXCEED FIFTY DOLLARS FOR A NEW
YORK  RESIDENT  UNDERGRADUATE  FRESHMAN.  IF  THE  FINAL  ENACTED BUDGET
PROVIDES MORE DIRECT OPERATING AID TO THE UNIVERSITY THAN  THE  PREVIOUS
YEAR,  AS  CALCULATED PURSUANT TO THE PROVISIONS OF THIS SUBDIVISION, SO
THAT DIRECT OPERATING AID IS GREATER THAN THE REVENUE  THAT  WOULD  HAVE
BEEN GENERATED AS A RESULT OF THE TUITION INCREASE, PURSUANT TO SUBDIVI-
SION FOUR OF THIS SECTION, FOR THAT YEAR, THEN THERE SHALL BE NO TUITION
INCREASE FOR THAT YEAR.
  6.  THE  TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK AND THE TRUSTEES
OF THE CITY UNIVERSITY OF  NEW  YORK  ARE  AUTHORIZED  AND  DIRECTED  TO
PROMULGATE  ANY  RULES  AND  REGULATIONS  NECESSARY  TO  CARRY  OUT  THE
PROVISIONS OF THIS SECTION.
  S 2. This act shall take effect on the first of July  next  succeeding
the  date  on  which it shall have become a law, and shall expire and be
deemed repealed June 30, 2015.