S T A T E O F N E W Y O R K
________________________________________________________________________
7638
2009-2010 Regular Sessions
I N A S S E M B L Y
April 17, 2009
___________
Introduced by M. of A. P. RIVERA, ORTIZ, DIAZ, ESPAILLAT, ARROYO,
N. RIVERA, J. RIVERA, POWELL, RAMOS, GREENE, BENJAMIN, HEASTIE, PERAL-
TA, PEOPLES, PERRY, PRETLOW, CAMARA -- read once and referred to the
Committee on Higher Education
AN ACT to amend the education law and the public authorities law, in
relation to reducing state aid for certain independent institutions of
higher learning; to provide for transfer and disbursement to the
colleges and universities of the state university of New York and the
city university of New York of the moneys remaining after the
reduction and elimination of state aid to certain independent insti-
tutions of higher learning; and to repeal certain provisions of the
education law relating to state aid for certain independent insti-
tutions of higher learning
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 6401 of the education law, as
amended by chapter 507 of the laws of 2008, is amended to read as
follows:
3. Degree awards. The amount of such annual apportionment to each
institution meeting the requirements of subdivision two of this section
shall be computed by multiplying [by not to exceed six hundred dollars]
(A) the number of earned associate degrees[,] by AN AMOUNT not to
exceed [one thousand five hundred dollars]:
(I) FOR EACH ANNUAL PERIOD COMMENCING ON OR AFTER JULY FIRST, NINETEEN
HUNDRED SEVENTY-SIX AND BEFORE JULY FIRST, TWO THOUSAND TEN, SIX HUNDRED
DOLLARS,
(II) FOR THE ANNUAL PERIOD COMMENCING ON JULY FIRST, TWO THOUSAND TEN,
FOUR HUNDRED EIGHTY DOLLARS,
(III) FOR THE ANNUAL PERIOD COMMENCING ON JULY FIRST, TWO THOUSAND
ELEVEN, THREE HUNDRED SIXTY DOLLARS,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10787-01-9
A. 7638 2
(IV) FOR THE ANNUAL PERIOD COMMENCING ON JULY FIRST, TWO THOUSAND
TWELVE, TWO HUNDRED FORTY DOLLARS, AND
(V) FOR THE ANNUAL PERIOD COMMENCING ON JULY FIRST, TWO THOUSAND THIR-
TEEN, ONE HUNDRED TWENTY DOLLARS;
(B) the number of earned bachelor's degrees[,] by AN AMOUNT not to
exceed [nine hundred fifty dollars]:
(I) FOR EACH ANNUAL PERIOD COMMENCING ON OR AFTER JULY FIRST, NINETEEN
HUNDRED SEVENTY-SIX AND BEFORE JULY FIRST, TWO THOUSAND TEN, ONE THOU-
SAND FIVE HUNDRED DOLLARS,
(II) FOR THE ANNUAL PERIOD COMMENCING ON JULY FIRST, TWO THOUSAND TEN,
ONE THOUSAND TWO HUNDRED DOLLARS,
(III) FOR THE ANNUAL PERIOD COMMENCING ON JULY FIRST, TWO THOUSAND
ELEVEN, NINE HUNDRED DOLLARS,
(IV) FOR THE ANNUAL PERIOD COMMENCING ON JULY FIRST, TWO THOUSAND
TWELVE, SIX HUNDRED DOLLARS, AND
(V) FOR THE ANNUAL PERIOD COMMENCING ON JULY FIRST, TWO THOUSAND THIR-
TEEN, THREE HUNDRED DOLLARS;
(C) the number of earned master's degrees[, and] by AN AMOUNT not to
exceed [four thousand five hundred fifty dollars]:
(I) FOR EACH ANNUAL PERIOD COMMENCING ON OR AFTER JULY FIRST, NINETEEN
HUNDRED SEVENTY-SIX AND BEFORE JULY FIRST, TWO THOUSAND TEN, NINE
HUNDRED FIFTY DOLLARS,
(II) FOR THE ANNUAL PERIOD COMMENCING ON JULY FIRST, TWO THOUSAND TEN,
SEVEN HUNDRED SIXTY DOLLARS,
(III) FOR THE ANNUAL PERIOD COMMENCING ON JULY FIRST, TWO THOUSAND
ELEVEN, FIVE HUNDRED SEVENTY DOLLARS,
(IV) FOR THE ANNUAL PERIOD COMMENCING ON JULY FIRST, TWO THOUSAND
TWELVE, THREE HUNDRED EIGHTY DOLLARS, AND
(V) FOR THE ANNUAL PERIOD COMMENCING ON JULY FIRST, TWO THOUSAND THIR-
TEEN, ONE HUNDRED NINETY DOLLARS; AND
(D) the number of earned doctorate degrees[,] BY AN AMOUNT NOT TO
EXCEED:
(I) FOR EACH ANNUAL PERIOD COMMENCING ON OR AFTER JULY FIRST, NINETEEN
HUNDRED SEVENTY-SIX AND BEFORE JULY FIRST, TWO THOUSAND TEN, FOUR THOU-
SAND FIVE HUNDRED FIFTY DOLLARS,
(II) FOR THE ANNUAL PERIOD COMMENCING ON JULY FIRST, TWO THOUSAND TEN,
THREE THOUSAND SIX HUNDRED FORTY DOLLARS,
(III) FOR THE ANNUAL PERIOD COMMENCING ON JULY FIRST, TWO THOUSAND
ELEVEN, TWO THOUSAND SEVEN HUNDRED THIRTY DOLLARS,
(IV) FOR THE ANNUAL PERIOD COMMENCING ON JULY FIRST, TWO THOUSAND
TWELVE, ONE THOUSAND EIGHT HUNDRED TWENTY DOLLARS, AND
(V) FOR THE ANNUAL PERIOD COMMENCING ON JULY FIRST, TWO THOUSAND THIR-
TEEN, NINE HUNDRED TEN DOLLARS;
conferred by such institution during the twelve-month period next
preceding the annual period for which such apportionment is made,
provided that there shall be excluded from any such computation the
number of degrees earned by students with respect to whom state aid
other than that established by this section or section sixty-four
hundred one-a of this article is granted directly to the institution,
and provided further that, except as otherwise provided in this subdivi-
sion, the amount apportioned for an associate degree shall be awarded
only to two year institutions qualifying under subdivision two of this
section. The regents shall promulgate rules defining and classifying
professional degrees for the purposes of this section. Institutions
qualifying for state aid pursuant to the provisions of paragraph (b) of
subdivision two of this section shall, for purposes of this subdivision,
A. 7638 3
be deemed to be the institutions which confer degrees. For purposes of
this subdivision, a two-year institution which has received authority to
confer bachelor degrees shall continue to be considered a two-year
institution until such time as it has actually begun to confer the bach-
elor's degree. Thereafter, notwithstanding any other provision of law to
the contrary, an institution which was formerly a two-year institution
for the purposes of this section and which was granted authority by the
regents to confer bachelor degrees, (a) such authority having been
granted after the first day of June, nineteen hundred ninety-three, but
before the first day of July, nineteen hundred ninety-three, or (b) such
authority having been granted after the first day of May, two thousand
five, but before the first day of June, two thousand five, may elect to
continue to receive awards for earned associate degrees. Should such
institution so elect, it shall not be eligible during the time of such
election to receive awards for earned bachelor's degrees.
S 2. Section 6401 of the education law is REPEALED.
S 3. Subdivision 3 of section 6402 of the education law is REPEALED.
S 4. Subdivision 1 of section 6431 of the education law, as added by
chapter 597 of the laws of 2003, is amended to read as follows:
1. The president or chief administrative officer of each college[,
except those independent colleges ineligible to receive state aid under
section sixty-four hundred one of this title,] shall appoint an advisory
committee on campus security.
S 5. Paragraph (f) of subdivision 2 of section 1680-j of the public
authorities law, as added by section 1 of part MM of chapter 59 of the
laws of 2004, is amended to read as follows:
(f) "Independent college" shall mean each independent not-for-profit
institution of higher education[, as defined in subdivision two of
section sixty-four hundred one of the education law].
S 6. Notwithstanding any provision of law to the contrary, for each
annual period commencing on or after July 1, 2010, there shall be trans-
ferred for disbursement and expenditure by the state university of New
York and the city university of New York, the difference between the
moneys expended pursuant to section 6401 of the education law for the
period July 1, 2009 through June 30, 2010 and the moneys expended pursu-
ant to such section for each annual period thereafter.
The monies directed to be transferred pursuant to this section shall
be allocated among the colleges and universities of the state university
of New York and the city university of New York on the basis of the New
York state student enrollment of each such college or university. All
moneys transferred pursuant to this section shall be expended for the
purpose of facilitating student retention and success in such colleges
and universities.
S 7. This act shall take effect immediately, provided, that sections
two, three, four and five of this act shall take effect July 1, 2014.