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

                                  4415

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2011
                               ___________

Introduced  by  M.  of  A.  P. RIVERA, ORTIZ, J. RIVERA, PEOPLES-STOKES,
  ARROYO, RAMOS, PERRY, N. RIVERA, HEASTIE, 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 TWELVE, SIX
HUNDRED DOLLARS,
  (II) FOR THE ANNUAL PERIOD COMMENCING  ON  JULY  FIRST,  TWO  THOUSAND
TWELVE, FOUR HUNDRED EIGHTY DOLLARS,
  (III)  FOR  THE  ANNUAL  PERIOD COMMENCING ON JULY FIRST, TWO THOUSAND
THIRTEEN, THREE HUNDRED SIXTY DOLLARS,
  (IV) FOR THE ANNUAL PERIOD COMMENCING  ON  JULY  FIRST,  TWO  THOUSAND
FOURTEEN, TWO HUNDRED FORTY DOLLARS, AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00435-01-1
              

A. 4415                             2

  (V)  FOR  THE  ANNUAL  PERIOD  COMMENCING  ON JULY FIRST, TWO THOUSAND
FIFTEEN, 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  TWELVE,  ONE
THOUSAND FIVE HUNDRED DOLLARS,
  (II)  FOR  THE  ANNUAL  PERIOD  COMMENCING ON JULY FIRST, TWO THOUSAND
TWELVE, ONE THOUSAND TWO HUNDRED DOLLARS,
  (III) FOR THE ANNUAL PERIOD COMMENCING ON  JULY  FIRST,  TWO  THOUSAND
THIRTEEN, NINE HUNDRED DOLLARS,
  (IV)  FOR  THE  ANNUAL  PERIOD  COMMENCING ON JULY FIRST, TWO THOUSAND
FOURTEEN, SIX HUNDRED DOLLARS, AND
  (V) FOR THE ANNUAL PERIOD  COMMENCING  ON  JULY  FIRST,  TWO  THOUSAND
FIFTEEN, 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  TWELVE,  NINE
HUNDRED FIFTY DOLLARS,
  (II)  FOR  THE  ANNUAL  PERIOD  COMMENCING ON JULY FIRST, TWO THOUSAND
TWELVE, SEVEN HUNDRED SIXTY DOLLARS,
  (III) FOR THE ANNUAL PERIOD COMMENCING ON  JULY  FIRST,  TWO  THOUSAND
THIRTEEN, FIVE HUNDRED SEVENTY DOLLARS,
  (IV)  FOR  THE  ANNUAL  PERIOD  COMMENCING ON JULY FIRST, TWO THOUSAND
FOURTEEN, THREE HUNDRED EIGHTY DOLLARS, AND
  (V) FOR THE ANNUAL PERIOD  COMMENCING  ON  JULY  FIRST,  TWO  THOUSAND
FIFTEEN, 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  TWELVE,  FOUR
THOUSAND FIVE HUNDRED FIFTY DOLLARS,
  (II)  FOR  THE  ANNUAL  PERIOD  COMMENCING ON JULY FIRST, TWO THOUSAND
TWELVE, THREE THOUSAND SIX HUNDRED FORTY DOLLARS,
  (III) FOR THE ANNUAL PERIOD COMMENCING ON  JULY  FIRST,  TWO  THOUSAND
THIRTEEN, TWO THOUSAND SEVEN HUNDRED THIRTY DOLLARS,
  (IV)  FOR  THE  ANNUAL  PERIOD  COMMENCING ON JULY FIRST, TWO THOUSAND
FOURTEEN, ONE THOUSAND EIGHT HUNDRED TWENTY DOLLARS, AND
  (V) FOR THE ANNUAL PERIOD  COMMENCING  ON  JULY  FIRST,  TWO  THOUSAND
FIFTEEN, 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,
be deemed to be the institutions which confer degrees.  For purposes  of
this subdivision, a two-year institution which has received authority to

A. 4415                             3

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, 2012, 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, 2011 through June 30, 2012 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, 2016.