NY State Senate Bill 2009-S3730

Senate Bill S3730

2009-2010 Legislative Session

Provides for four year and five year fixed tuitions at the state university of New York and the city university of New York

download bill text pdf

Archive: Last 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to higher education
Mar 30, 2009	referred to higher education

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2009-S3730 (ACTIVE) - Details

See Assembly Version of this Bill:: A638
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add §361, Ed L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A7747
2013-2014: A3048

2009-S3730 (ACTIVE) - Summary

Provides for four year fixed tuitions at the state university of New York and the city university of New York for all entering undergraduate freshmen, or five years in the case of an individual accepted into a five year degree program.

2009-S3730 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3730

 TITLE OF BILL :
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


 PURPOSE :
This bill would provide a tuition rate and student fee lock-in for all
full-time resident students entering as an undergraduate freshmen at
the state and city university systems for a period of four years, or
five years in the case of an individual accepted into a five year
degree program.

 SUMMARY OF PROVISIONS :
Section one of the bill establishes a tuition lock-in beginning with
the 2008-2009 academic year, for entering undergraduate freshmen
students in SUNY or undergraduate freshman. entering any senior
college at CUNY.

Subsection two stipulates that after the designated lock-in period,
students that continue either as full-time or part-time, are subject
to existing tuition rates as established by the SUNY or CUNY Boards
respectively.

Subsection three provides that full-time transfer students pay tuition
at the existing established rate and that that charge be locked-in for
one additional year. After the second year, transfer students shall
pay whatever rate has been established by the SUNY or CUNY Boards
respectively.

Subsection four limits the tuition increase for entering full-time
undergraduate freshman to an.  amount consistent with the consumer
price index as reported by the United States Bureau of Labor
Statistics; not to exceed two hundred dollars in any single academic
year.

Subsection five establishes provision for a maintenance-of-effort for
SUNY and CUNY state operating aid. In addition, section 5 limits
tuition in the event that the maintenance-of-effort requirements are
not met and provides for no tuition increase in the event that state
aid exceeds expected revenue increases for a CPI tuition adjustment.

This bill shall expire and be repealed June 30, 2013.

The amendment allows, in the event that operating aid is equal to or
greater than the previous year, the president of such campus, with the
consent of the Board of Trustees, to raise tuition.

 JUSTIFICATION :
One of the fundamental reasons for the creation of a State and City
university system was to help provide access to higher education for
individuals who would not otherwise be able to afford to attend
college. Over the years, the state has continued to do all it can to
keep tuition charges as low as possible. Unfortunately, history has
shown that at times when the state has faced financial pressures,
tuition at SUNY and CUNY have increased substantially. This has placed
an unfair burden on those unfortunate enough to be attending college
when those tuition increases have been imposed.

This legislation would address this unfair and arbitrarily imposed
financial burden by establishing a rational and predictable tuition
policy for all New York State residents. The bill provides that
whatever the tuition is for those entering college in a particular
year, that rate would be guaranteed for four years, or five if it is a
five year program. In addition, the bill establishes a
maintenance-of-effect provision to ensure continued state support for
both systems.

A guaranteed tuition rate policy would aid both students and their
families with the financial planning of pursuing a higher education.
This change in policy would also provide an incentive for all students
to complete their degree requirements using their institution's
graduation guidelines.

This new policy would deliver a message to our citizens that New York
State not only values, but encourages all of its students who commit
to advancement by seeking a college education. This measure allocates
the resources to help attain those goals, for both the state and the
student.

 LEGISLATIVE HISTORY :
2003-2004, S.5945; 2005-2006, S.914-B; 2007-08, S.2792.

 FISCAL IMPLICATIONS :
None.

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
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, 2013.

2009-S3730 (ACTIVE) - Bill Text download pdf

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

                                  3730

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 30, 2009
                               ___________

Introduced  by  Sens.  LAVALLE, DeFRANCISCO, GOLDEN, GRIFFO, O. JOHNSON,
  LARKIN, MORAHAN, PADAVAN, SALAND, SEWARD, VOLKER, WINNER -- read twice
  and ordered printed, and when printed to be committed 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
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

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

S. 3730                             2

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.

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