S T A T E O F N E W Y O R K
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3098
2009-2010 Regular Sessions
I N A S S E M B L Y
January 22, 2009
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Introduced by M. of A. GLICK, O'DONNELL, PEOPLES -- Multi-Sponsored by
-- M. of A. BING, BRENNAN, FARRELL, GOTTFRIED, McENENY, PHEFFER, WEIS-
ENBERG -- read once and referred to the Committee on Higher Education
AN ACT to amend the education law, in relation to non-tuition fees of
students of 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. Paragraph h of subdivision 2 of section 355 of the educa-
tion law is amended by adding a new subparagraph 10 to read as follows:
(10) NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL, OR LOCAL
LAW, RULE, OR REGULATION, SUCH REGULATIONS SHALL FURTHER PROVIDE THAT
THE AGGREGATE TOTAL OF ALL CERTAIN NON-TUITION FEES AND CHARGES SHALL
NOT EXCEED FIFTEEN PERCENT OF THE TOTAL TUITION FEE FOR THE APPLICABLE
SEMESTER OR QUARTER, EXCEPT THAT IF, UPON THE DATE ON WHICH THIS SUBPAR-
AGRAPH TAKES EFFECT, SUCH AGGREGATE TOTAL EXCEEDS FIFTEEN PERCENT OF
SUCH TUITION FEE AT ANY SCHOOL, THE AGGREGATE TOTAL OF ALL CERTAIN NON-
TUITION FEES AND CHARGES AT SUCH A SCHOOL SHALL NOT EXCEED TWENTY-FIVE
PERCENT BEGINNING WITH ALL SEMESTERS OR QUARTERS WHICH COMMENCE ONE
ACADEMIC FISCAL YEAR AFTER THIS SUBPARAGRAPH IS EFFECTIVE, TWENTY
PERCENT DURING ALL SEMESTERS OR QUARTERS WHICH COMMENCE BEGINNING WITH
THE SECOND SUCH YEAR AFTER THIS SUBPARAGRAPH IS EFFECTIVE, AND FIFTEEN
PERCENT DURING ALL SEMESTERS OR QUARTERS WHICH COMMENCE THEREAFTER. FOR
THE PURPOSES OF THIS SUBPARAGRAPH, THE TERM "CERTAIN NON-TUITION FEES
AND CHARGES" SHALL INCLUDE BUT NOT BE LIMITED TO THE FOLLOWING MANDATORY
FEES AND CHARGES: THE INTERCOLLEGIATE ATHLETICS FEE, THE HEALTH
SERVICES FEE, THE TECHNOLOGY FEE, THE TRANSPORTATION FEE, AND ANY OTHER
MISCELLANEOUS FEE OR CHARGE OTHER THAN TUITION; PROVIDED, HOWEVER, AND
EXCEPT THAT IN DETERMINING THE AGGREGATE TOTAL OF ALL SUCH CERTAIN NON-
TUITION FEES AND CHARGES FOR THE PURPOSE OF SUCH LIMIT, THE FOLLOWING
FEES AND CHARGES SHALL BE EXCLUDED FROM THE TOTAL: THE STUDENT ACTIVITY
FEE, THE EMPIRE STATE COLLEGE'S ONE-TIME ASSESSMENT FEE, THE PARKING
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04519-01-9
A. 3098 2
FEE, AND FINES, FEES, DEPOSITS, AND CHARGES FOR VIOLATIONS OF INSTITU-
TIONAL REGULATIONS, LATE REGISTRATIONS, AND DAMAGE AND BREAKAGE; AND
PROVIDED FURTHER THAT IN ANY CASE WHERE TUITION IS WAIVED FOR A STUDENT,
THE TUITION FIGURE TO BE EMPLOYED FOR THE PURPOSE OF ESTABLISHING THE
PERCENT LIMIT FOR SUCH STUDENT SHALL BE THE AMOUNT OF TOTAL TUITION THAT
WOULD HAVE BEEN CHARGED IN THE ABSENCE OF SUCH WAIVER. FOR THE PURPOSES
OF THIS SUBPARAGRAPH, THE TERM "TOTAL TUITION FEE" SHALL BE THE TOTAL
TUITION FEE OF IN-STATE BACCALAUREATE UNDERGRADUATE TUITION AT STATE-OP-
ERATED COLLEGES.
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 apply as provided
in this act to semesters and quarters which occur after the effective
date of this act.