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

                                 6915--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              April 5, 2011
                               ___________

Introduced  by  M.  of A. PEOPLES-STOKES, MORELLE, HOYT -- read once and
  referred to the Committee on Higher Education -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

AN ACT to amend the education law and the state finance law, in relation
  to  tuition and state operating support of the state university of New
  York; and repealing certain provisions of the education  law  relating
  thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subparagraph 4 of paragraph h of subdivision 2  of  section
355 of the education law, as amended by chapter 309 of the laws of 1996,
is amended to read as follows:
  (4)  (I)  The  trustees shall not impose a differential tuition charge
based upon need or income. All students enrolled in programs leading  to
like  degrees  at  state-operated  institutions  of the state university
shall be charged a uniform  rate  of  tuition  except  for  differential
tuition  rates  based  on  state  residency. Provided, however, that the
trustees may authorize the presidents of the colleges of technology  and
the  colleges  of  agriculture  and technology to set differing rates of
tuition for each of the colleges for students enrolled in  degree-grant-
ing  programs  leading  to  an  associate degree and non-degree granting
programs so long as such tuition rate does not exceed the  tuition  rate
charged  to students who are enrolled in like degree programs or degree-
granting undergraduate programs leading to  a  baccalaureate  degree  at
other  state-operated  institutions of the state university of New York.
[The trustees shall not adopt changes affecting tuition charges prior to
the enactment of the annual budget.]
  (II) TUITION REVENUE SHALL BE USED SOLELY  FOR  THE  EXPENSES  OF  THE
STATE  UNIVERSITY  IN CARRYING OUT ITS OBJECTIVES AND PURPOSES AND SHALL
NOT BE USED TO OFF-SET OR REDUCE APPROPRIATIONS BY THE STATE IN  SUPPORT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10554-03-1
              

A. 6915--A                          2

OF  THE  OPERATIONS OF THE STATE UNIVERSITY. THE STATE SHALL APPROPRIATE
ANNUALLY AND MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT FOR THE STATE
UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNT APPROPRIATED  AND  MADE
AVAILABLE  TO  THE  STATE  UNIVERSITY  IN STATE FISCAL YEAR TWO THOUSAND
ELEVEN--TWO THOUSAND TWELVE. BEGINNING IN STATE FISCAL YEAR TWO THOUSAND
TWELVE--TWO THOUSAND THIRTEEN, SUCH GENERAL FUND OPERATING SUPPORT SHALL
BE ADJUSTED BY AMOUNTS  TO  FULLY  SUPPORT  COST  INCREASES  RELATED  TO
CONTRACTUAL  AND COLLECTIVELY BARGAINED SALARY INCREASES, ENERGY-RELATED
COSTS AND ENROLLMENT-RELATED COST INCREASES; PROVIDED, HOWEVER, THAT  IN
ANY  STATE  FISCAL  YEAR  WHEN PERSONAL INCOME TAX RECEIPTS DECLINE FROM
PERSONAL INCOME TAX RECEIPTS IN THE PREVIOUS STATE FISCAL YEAR,  GENERAL
FUND  OPERATING  SUPPORT  MADE  AVAILABLE TO THE STATE UNIVERSITY MAY BE
REDUCED BY NO MORE THAN THE  SAME  PROPORTION  AS  PERSONAL  INCOME  TAX
RECEIPTS  HAVE  DECLINED.  ON OR BEFORE NOVEMBER THIRTIETH OF EACH YEAR,
THE TRUSTEES SHALL APPROVE AND SUBMIT TO THE CHAIRS OF THE ASSEMBLY WAYS
AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AND TO THE DIRECTOR
OF THE BUDGET A MASTER TUITION PLAN SETTING FORTH THE TUITION RATES THAT
THE TRUSTEES PROPOSE FOR RESIDENT AND NON-RESIDENT UNDERGRADUATE, GRADU-
ATE AND PROFESSIONAL DEGREE  STUDENTS  FOR  THE  SUCCEEDING  FIVE  STATE
UNIVERSITY FISCAL YEARS.  FOR THE STATE UNIVERSITY FISCAL YEARS COMMENC-
ING  TWO  THOUSAND  ELEVEN--TWO  THOUSAND TWELVE AND ENDING TWO THOUSAND
FIFTEEN--TWO THOUSAND SIXTEEN, THE RESIDENT UNDERGRADUATE TUITION  RATES
SHALL INCREASE EACH YEAR BY NOT MORE THAN FIVE AND ONE-HALF PERCENT OVER
THE  TUITION  RATES OF THE PRIOR FISCAL YEAR. TUITION RATES OF THE STATE
UNIVERSITY SHALL NOT BE SUBJECT TO RULEMAKING PURSUANT TO THE PROVISIONS
OF THE STATE ADMINISTRATIVE PROCEDURE ACT.
  S 2. Subdivision 8-b of section 355 of the education law is REPEALED.
  S 3. The state finance law is amended by adding a new section 99-u  to
read as follows:
  S  99-U.  STATE  UNIVERSITY OF NEW YORK AGENCY TRUST FUND. 1. THERE IS
HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE A FIDUCIARY FUND TO BE KNOWN AS THE
"STATE UNIVERSITY OF NEW YORK AGENCY TRUST FUND".
  2. THE STATE UNIVERSITY OF NEW YORK AGENCY TRUST FUND SHALL CONSIST OF
ALL MONIES APPROPRIATED AND MADE AVAILABLE TO THE  STATE  UNIVERSITY  IN
GENERAL FUND OPERATING SUPPORT AND TUITION REVENUE APPROPRIATED AND MADE
AVAILABLE FROM SPECIAL REVENUE FUNDS.
  3.  THE STATE COMPTROLLER IS AUTHORIZED AND DIRECTED TO TRANSFER ANNU-
ALLY, FROM THE GENERAL FUND AND  SPECIAL  REVENUE  FUNDS  TO  THE  STATE
UNIVERSITY OF NEW YORK AGENCY TRUST FUND, GENERAL FUND OPERATING SUPPORT
AND TUITION REVENUE APPROPRIATED AND MADE AVAILABLE TO THE STATE UNIVER-
SITY IN ACCORDANCE WITH THE PROVISIONS OF SUBPARAGRAPH FOUR OF PARAGRAPH
H  OF  SUBDIVISION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OF THE EDUCA-
TION LAW. THE STATE COMPTROLLER  SHALL  TRANSFER  SUCH  MONIES  IN  FOUR
PAYMENTS  IN  THE  FOLLOWING  AMOUNTS: ONE-HALF ON OR BEFORE JULY FIRST,
ONE-SIXTH ON OR BEFORE OCTOBER FIRST, ONE-SIXTH  ON  OR  BEFORE  JANUARY
FIRST, AND ONE-SIXTH ON OR BEFORE APRIL FIRST.
  4.  MONIES IN THE STATE UNIVERSITY OF NEW YORK AGENCY TRUST FUND SHALL
BE EXPENDED SOLELY FOR THE EXPENSES OF THE STATE UNIVERSITY IN  CARRYING
OUT ITS OBJECTIVES AND PURPOSES. THE PROVISIONS OF SECTION FORTY-NINE OF
THIS  CHAPTER  AND  ANY  OTHER  LAW NOTWITHSTANDING, MONIES IN THE STATE
UNIVERSITY OF NEW YORK AGENCY TRUST FUND  SHALL  NOT  BE  IMPOUNDED  NOR
TRANSFERRED OR OTHERWISE MADE AVAILABLE FOR OTHER PURPOSES.
  S 4. This act shall take effect July 1, 2011.