senate Bill S7152

2011-2012 Legislative Session

Relates to state payments to community colleges; repealer

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 05, 2012 reported and committed to finance
May 01, 2012 referred to higher education

Votes

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Jun 5, 2012 - Higher Education committee Vote

S7152
15
1
committee
15
Aye
1
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Higher Education Committee Vote: Jun 5, 2012

nay (1)
aye wr (2)

Co-Sponsors

S7152 - Bill Details

See Assembly Version of this Bill:
A10700
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §§6302 & 6305, rpld §6305 sub 10, Ed L

S7152 - Bill Texts

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Relates to state payments to community colleges.

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BILL NUMBER:S7152

TITLE OF BILL:
An act
to amend the education law, in relation to payments to community
colleges by the state, and to repeal subdivision 10 of section 6305 of
the education law relating to state reimbursement to counties for
amounts paid on behalf of non-resident students in attendance at the
fashion institute of technology

PURPOSE:
The purpose of this bill is to alleviate the financial burden on New
York State counties from having to pay charge back fees to FIT for
upper division programs.

SUMMARY OF PROVISIONS:
Section 1. Provides that subject to the availability of appropriation,
that state shall pay the charge back fees for baccalaureate and
masters degree programs to FIT. On or before March 31, 2012, the state
shall pay 50% of the costs and on or before June 1, 2013, the state
shall make the remaining 50% payment to FIT. This section further
provides that on or after June 1, 2014 and thereafter, the state shall
pay 100% of such costs.

In the event that the state does not pay, the counties that issue the
certificate of residences shall make such payments.

Section 2. Removes the authority for the counties to charge the cities
and towns charge back fees for resident students who attend community
colleges that are not in such resident student's home county.

Section 4. Sets for the effective date.

JUSTIFICATION:
The Fashion Institute of Technology is a uniquely situated community
college. FIT relies on funding from three sources, local sponsor's
share, state support and student tuition, much like any other
community college. However, FIT grants baccalaureate and masters
degrees which makes them unique. In a recent court case, FIT's
designation as a community college was upheld, however, the court
found that counties should only required to provide charge back fees
for their two year programs. Charge back fees are collected as part
of an off-set to the local
sponsor's share and are paid by counties whose residents choose to
attend an out of county community college.

In these trying economic times, counties are finding it difficult, if
not impossible, to pay the upper level charge back fees. This fact,
coupled with the court's decision, makes this bill necessary to
alleviate some of the counties' burden but to still fund FIT at
appropriate and fair levels.

FIT provides a very specialized education in a variety of sought after
programs. The Institute has impressive graduation and successful job
placement rates and should be financially supported.

Therefore, this bill would achieve the goal of fully funding FIT by
having the state pick up the charge back sots for the upper division
degrees while easing the counties' financial hardships.

It is important to note, that this bill does not provide an unfair
advantage to FIT over other community colleges because it keeps in
place the counties obligation to pay the lower level charge back fees
which are paid to all other community colleges for two year degrees.

LEGISLATIVE HISTORY:
New legislation.

FISCAL IMPLICATIONS:
Pursuant to appropriation, approximately $10.8M in 2013-14.

EFFECTIVE DATE:
Immediately.

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

                                  7152

                            I N  S E N A T E

                               May 1, 2012
                               ___________

Introduced  by  Sens. LAVALLE, JOHNSON, ZELDIN -- 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 payments to community
  colleges by the state, and to repeal subdivision 10 of section 6305 of
  the education law relating to  state  reimbursement  to  counties  for
  amounts  paid  on behalf of non-resident students in attendance at the
  fashion institute of technology

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

  Section  1.  Subdivision  3  of  section 6302 of the education law, as
amended by chapter 552 of the laws  of  1984,  is  amended  to  read  as
follows:
  3.  In the city of New York, the [board] DEPARTMENT of education, with
the approval of the state university trustees, may act as a local  spon-
sor  in  the  establishment  and operation, as a community college, of a
post secondary technical vocational training institution which is partly
supported by such [board] DEPARTMENT of education and  partly  supported
by  an  educational foundation for an industry chartered by the board of
regents. In addition to the community  college  programs  and  curricula
authorized  by  this  article,  the institution may offer such baccalau-
reate, masters degree programs and curricula in support of its  mission,
in  accordance  with  standards  and regulations prescribed by the state
university trustees, as may be authorized pursuant to the provisions  of
the  master plan. Notwithstanding any other provision of law, the insti-
tution shall be financed and administered in  the  manner  provided  for
community  colleges; PROVIDED, HOWEVER, THAT SUBJECT TO THE AVAILABILITY
OF STATE APPROPRIATION,  CHARGE  BACKS  FOR  BACCALAUREATE  AND  MASTERS
DEGREE  NON-RESIDENTS  OF  THE  LOCAL  COLLEGE  SPONSOR,  AS REQUIRED BY
SECTION SIXTY-THREE HUNDRED FIVE OF THIS ARTICLE TO BE PAID BY  THE  NEW
YORK  STATE  COUNTY  OF  SUCH NON-RESIDENT STUDENT, SHALL BE PAID BY THE
STATE OF NEW YORK. ON OR BEFORE MARCH THIRTY-FIRST, TWO  THOUSAND  THIR-
TEEN,  THE STATE SHALL MAKE FIFTY PERCENT OF SUCH PAYMENT TO SUCH COMMU-
NITY COLLEGE, AND ON OR AFTER JUNE FIRST,  TWO  THOUSAND  THIRTEEN,  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15394-02-2

S. 7152                             2

STATE  SHALL  MAKE  THE  REMAINING FIFTY PERCENT OF SUCH PAYMENT TO SUCH
COMMUNITY COLLEGE, AND ON JUNE FIRST, TWO THOUSAND  FOURTEEN  AND  EVERY
YEAR THEREAFTER, THE STATE SHALL PAY ONE HUNDRED PERCENT OF SUCH PAYMENT
TO  SUCH  COMMUNITY COLLEGE. IN THE EVENT OF THE FAILURE OF THE STATE TO
MAKE SUCH PAYMENTS, THE COUNTIES ISSUING THE CERTIFICATES  OF  RESIDENCE
SHALL MAKE SUCH PAYMENTS.
  S 2. Subdivision 5 of section 6305 of the education law, as amended by
chapter 681 of the laws of 1971, is amended to read as follows:
  5.  Amounts  payable  to  such  colleges  by a county pursuant to this
section shall be a general county charge[; provided, however, that  with
respect  to the amounts allocable to each community college a county may
charge back such amounts in whole or in part to the cities and towns  in
the  county in proportion to the number of students who, on the basis of
certificates of residence issued by such  county,  were  attending  each
such  college  as non-residents of the local sponsors thereof during the
terms for which the county has been charged, and who were  residents  of
each such city or town at the beginning of such terms].
  S 3. Subdivision 10 of section 6305 of the education law is REPEALED.
  S 4. This act shall take effect immediately.

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