S T A T E   O F   N E W   Y O R K
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                                  7747

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 16, 2011
                               ___________

Introduced  by M. of A. REILICH -- read once and referred to the Commit-
  tee 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 TWELVE--TWO THOUSAND THIR-
TEEN, 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
AS  DETERMINED PURSUANT TO THE PROVISIONS OF THIS CHAPTER FOR SUCH YEAR.
TUITION CHARGES FOR ANY  ADDITIONAL  YEARS  OF  FULL-TIME  OR  PART-TIME

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06737-01-1
              

A. 7747                             2

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 TWELVE--TWO  THOUSAND
THIRTEEN,  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, 2017.