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