Senate Bill S5599A

2011-2012 Legislative Session

Relates to the use of tuition at the state universities and city university; repealer

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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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to higher education
Jun 09, 2011	print number 5599a
Jun 09, 2011	amend and recommit to higher education
Jun 06, 2011	referred to higher education

Bill Amendments

2011-S5599 - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§355, 359 & 6206, rpld §§355 sub 8-b, §6221 sub A ¶4-a, add §§689-a & 689-b, Ed L; add §99-u, St Fin L

2011-S5599 - Summary

Relates to the use of tuition at the state universities and city university; requires a study of the tuition assistance program; permits SUNY trustees to authorize university centers to charge a science, technology, engineering and math fee (STEM PLUS fee); authorizes students who would otherwise be eligible for a tuition assistance program award pursuant to section 667 of the education law but whose net taxable income is $80,000 to $100,000, such students' tuition credit shall be calculated as if such students were eligible for the minimum assistance program award.

2011-S5599 - Sponsor Memo

                                BILL NUMBER:S5599

TITLE OF BILL:
An act
to amend the education law, in relation to tuition at state
universities and a study of the tuition assistance program; to amend
the state finance law, in relation to the state university of New York
agency trust fund; to repeal subdivision 8-b of section 355 of the
education law relating to state university annual apportionments; to
repeal paragraph 4-a of subdivision A of section 6221 of the education
law relating to city university annual apportionments; and providing for
the repeal of such provisions upon expiration thereof

PURPOSE:
To authorize the State University of New York and the City University
of New York to institute a four year rational tuition policy.

SUMMARY OF PROVISIONS:
Section 1: Authorizes the SUNY trustees to increase out-of-state and
graduate and professional degree program tuition, and to ensure that
the revenue generated is used for campus purposes.
Further, this section provides that the State shall not decrease
general fund operating support from the funds appropriated in
2011-2012 unless personal income tax receipts decline.

Section 2: Authorizes the SUNY trustees to increase tuition over the

next four years in the following amounts: $250 in academic year
2011-2012; $200 in academic year 2012-2013; $200 in academic year
2013-2014; and $150 in academic year 2014-2015. This section further
authorizes the Trustees to establish a STEM Plus fee at the four
University Centers at Albany, Binghamton, Buffalo and Stony Brook for
those students enrolled in certain declared majors.
Additionally, this section creates reporting requirements and provides
that if the annual undergraduate rate of tuition exceeds five
thousand dollars, then a tuition credit for each eligible student
shall be applied to the cost of tuition.

Section 3: Repeals section 8-b of section 355 of the education law.

Section 4: Establishes tuition credit eligibility.

Section 5: Authorizes the CUNY Trustees to increase tuition over the
next four years in the following amounts: $250 in academic year
2011-2012; $200 in academic year 2012-2013; $200 in academic year
2013-2014; and $150 in academic year 2014-2015; It further provides
that if
the annual undergraduate rate of tuition exceeds five thousand
dollars, then a tuition credit for each eligible student shall be
applied to the cost of tuition.

Section 6: Requires that the tuition revenue generated be used solely
for the purposes of CUNY and provides that the State shall not
decrease general fund operating support from the funds appropriated
in 2011-2012 unless personal income tax receipts decline.


Section 7: Repeals section 4-a of subdivision A of section 6221 of the
education law.

Section 8: Creates a new section of the State Finance law to establish
the State University of New York agency trust fund.

Section 9: Provides that the SUNY trustees shall conduct a study
regarding the effectiveness and functionality of TAP.

Section 10: Provides that the CUNY trustees shall conduct a study
regarding the effectiveness and functionality of TAP.

Section 11: Provides that this act shall take effect immediately and
be deemed expired on June 30,2015.

JUSTIFICATION:
The recent fiscal austerity measures brought to bear on SUNY and CUNY
have created a tremendous financial strain on the institutions,
parents and students. The lack of a systematic and rational tuition
plan coupled with massive budget cuts has only exacerbated the
already strained systems. By allowing SUNY and CUNY to set reasonable
and rational tuition policies with direct mechanisms to keep the
revenues routed back into the institutions will only help families
better plan college costs and enable the institutions to retain more
of the revenue they create and put it where they need it most, while
being less reliant on the implementation of fees and surcharges to
raise revenues beyond a base level of state mandates support.

LEGISLATIVE HISTORY:
New legislation.

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
Immediately.

2011-S5599 - Bill Text download pdf

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

                                  5599

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 6, 2011
                               ___________

Introduced  by  Sen. LAVALLE -- 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  tuition  at  state
  universities  and  a study of the tuition assistance program; to amend
  the state finance law, in relation to the state university of New York
  agency trust fund; to repeal subdivision 8-b of  section  355  of  the
  education  law  relating to state university annual apportionments; to
  repeal paragraph 4-a of subdivision A of section 6221 of the education
  law relating to city university annual apportionments;  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. 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 FOR THE
TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE ACADEMIC YEAR  AND  THEREAFTER,
THE  TRUSTEES  MAY  AUTHORIZE  UP  TO A TEN PERCENT TUITION INCREASE PER
SEMESTER  FROM  THE  UNDERGRADUATE  TUITION  RATE  OF  EACH   YEAR   FOR
OUT-OF-STATE RESIDENTS ON A CAMPUS BY CAMPUS BASIS, AND MAY AUTHORIZE UP
TO  A  FIFTEEN  PERCENT  TUITION  INCREASE FOR GRADUATE AND PROFESSIONAL
DEGREE PROGRAMS, ON A PROGRAM BY PROGRAM BASIS AT  THE  FOUR  UNIVERSITY
CENTERS  AT  ALBANY,  BINGHAMTON,  BUFFALO  AND STONY BROOK, HEREINAFTER
KNOWN AS THE UNIVERSITY CENTERS AND the trustees may authorize the pres-
idents 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-granting programs leading to an associ-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11989-03-1

S. 5599                             2

ate 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
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.
  S 2. Paragraph (h) of subdivision 2 of section 355  of  the  education
law  is  amended  by  adding  two new subparagraphs 10 and 11 to read as
follows:
  (10) (I) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,
AND  SUBJECT  TO THE REQUIREMENTS AS SET FORTH IN SUBPARAGRAPH ELEVEN OF
THIS PARAGRAPH, THE STATE UNIVERSITY TRUSTEES  SHALL  BE  AUTHORIZED  TO
INCREASE  THE  RESIDENT UNDERGRADUATE RATE OF TUITION UP TO A MAXIMUM OF
THE FOLLOWING AMOUNTS:
  (A) FOR THE ACADEMIC YEAR TWO THOUSAND  ELEVEN--TWO  THOUSAND  TWELVE,
TWO  HUNDRED  FIFTY  DOLLARS  OVER  THE  RESIDENT  UNDERGRADUATE RATE OF
TUITION MOST RECENTLY  AUTHORIZED  BY  THE  TRUSTEES  IN  THE  PRECEDING
ACADEMIC YEAR;
   (B) FOR THE ACADEMIC YEAR TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN,
TWO HUNDRED DOLLARS OVER THE RESIDENT UNDERGRADUATE RATE OF TUITION MOST
RECENTLY AUTHORIZED BY THE TRUSTEES IN THE PRECEDING ACADEMIC YEAR;
  (C)  FOR  THE  ACADEMIC YEAR TWO THOUSAND THIRTEEN--TWO THOUSAND FOUR-
TEEN, TWO HUNDRED  DOLLARS  OVER  THE  RESIDENT  UNDERGRADUATE  RATE  OF
TUITION  MOST  RECENTLY  AUTHORIZED  BY  THE  TRUSTEES  IN THE PRECEDING
ACADEMIC YEAR; AND
  (D) FOR THE ACADEMIC YEAR TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN,
ONE HUNDRED FIFTY  DOLLARS  OVER  THE  RESIDENT  UNDERGRADUATE  RATE  OF
TUITION  MOST  RECENTLY  AUTHORIZED  BY  THE  TRUSTEES  IN THE PRECEDING
ACADEMIC YEAR.
PROVIDED THAT THE TRUSTEES SHALL NOT  ADOPT  CHANGES  AFFECTING  TUITION
CHARGES PRIOR TO THE ENACTMENT OF THE ANNUAL BUDGET.
  (II) FOR THE ACADEMIC YEAR BEGINNING IN TWO THOUSAND ELEVEN--TWO THOU-
SAND  TWELVE AND THEREAFTER, THE STATE UNIVERSITY TRUSTEES MAY AUTHORIZE
THE UNIVERSITY CENTERS TO CHARGE A SCIENCE, TECHNOLOGY, ENGINEERING  AND
MATH  FEE,  TO  BE  KNOWN AS A STEM PLUS FEE, TO THOSE STUDENTS WHO HAVE
DECLARED MAJORS IN SUCH SUBJECT AREAS AND TO  THOSE  STUDENTS  WHO  HAVE
DECLARED MAJORS IN ACADEMIC MEDICINE. SUCH FEES SHALL BE INCLUDED IN THE
DEFINITION OF TUITION FOR PURPOSES OF SECTION SIX HUNDRED SIXTY-SEVEN OF
THIS TITLE.

S. 5599                             3

  (III)  THE  UNIVERSITY  CENTERS  SHALL  ANNUALLY  REPORT  TO THE STATE
UNIVERSITY TRUSTEES ON HOW RESEARCH REVENUE YIELDS QUANTIFIABLE  RESULTS
FOR  EACH  OF  THE  FOUR  CAMPUSES AND SUNY BUFFALO AND SUNY STONY BROOK
SHALL ADDITIONALLY REPORT ON WHAT EACH CAMPUS IS DOING TO MAINTAIN THEIR
AAU STATUS.
  (IV) EACH SUNY CAMPUS SHALL EXAMINE POLICIES AND PROCEDURES AND IMPLE-
MENT COST SAVING MEASURES FOR THE DURATION OF THE FOUR YEAR TUITION PLAN
AND  SHALL  INCREASE  FUND  RAISING EFFORTS TO PROMOTE FISCAL STABILITY.
FURTHER, THE TRUSTEES SHALL PERIODICALLY REVIEW THEIR PATENT POLICIES TO
ENSURE COMPETITIVENESS, AND SHALL ANNUALLY REPORT  ON  HOW  THE  REVENUE
GENERATED  BY  THIS ACT HAS HELPED RETAIN AND GROW FULL-TIME FACULTY AND
INCREASE PROGRAM AVAILABILITY.
  (11) THE STATE UNIVERSITY  TRUSTEES  SHALL  BE  AUTHORIZED  TO  CHARGE
TUITION  RATES  FOR  RESIDENT  UNDERGRADUATE STUDENTS IN ACCORDANCE WITH
SUBPARAGRAPH TEN OF THIS PARAGRAPH PROVIDED HOWEVER THAT IF  THE  ANNUAL
RESIDENT  UNDERGRADUATE  RATE  OF  TUITION  WOULD  EXCEED  FIVE THOUSAND
DOLLARS, THEN A TUITION CREDIT FOR EACH ELIGIBLE STUDENT, AS  DETERMINED
AND  CALCULATED  BY  THE NEW YORK STATE HIGHER EDUCATION SERVICES CORPO-
RATION PURSUANT TO SECTION SIX  HUNDRED  EIGHTY-NINE-A  OR  SIX  HUNDRED
EIGHTY-NINE-B OF THIS TITLE, SHALL BE APPLIED TOWARD THE TUITION CHARGED
FOR  EACH SEMESTER, QUARTER OR TERM OF STUDY. TUITION FOR EACH SEMESTER,
QUARTER OR TERM OF STUDY SHALL NOT BE DUE FOR ANY  STUDENT  ELIGIBLE  TO
RECEIVE  SUCH  TUITION CREDIT UNTIL THE TUITION CREDIT IS CALCULATED AND
APPLIED AGAINST THE TUITION  CHARGED  FOR  THE  CORRESPONDING  SEMESTER,
QUARTER OR TERM.
  S 3. Subdivision 8-b of section 355 of the education law is REPEALED.
  S 4. The education law is amended by adding two new sections 689-a and
689-b to read as follows:
  S  689-A.  TUITION  CREDITS.  1.  THE  NEW YORK STATE HIGHER EDUCATION
SERVICES CORPORATION SHALL CALCULATE A TUITION CREDIT FOR EACH  RESIDENT
UNDERGRADUATE STUDENT WHO HAS FILED AN APPLICATION WITH SUCH CORPORATION
FOR  A  TUITION ASSISTANCE PROGRAM AWARD PURSUANT TO SECTION SIX HUNDRED
SIXTY-SEVEN OF THIS ARTICLE, AND IS DETERMINED TO BE ELIGIBLE TO RECEIVE
SUCH AWARD, AND IS ALSO ENROLLED IN A PROGRAM OF UNDERGRADUATE STUDY  AT
A  STATE  OPERATED OR SENIOR COLLEGE OF THE STATE UNIVERSITY OF NEW YORK
OR THE CITY UNIVERSITY OF NEW YORK WHERE THE ANNUAL RESIDENT UNDERGRADU-
ATE TUITION RATE WILL EXCEED FIVE THOUSAND DOLLARS. SUCH TUITION  CREDIT
SHALL  BE  CALCULATED  FOR  EACH SEMESTER, QUARTER OR TERM OF STUDY THAT
TUITION IS CHARGED AND TUITION FOR THE CORRESPONDING  SEMESTER,  QUARTER
OR  TERM  SHALL  NOT  BE  DUE  FOR  ANY STUDENT ELIGIBLE TO RECEIVE SUCH
TUITION CREDIT UNTIL SUCH CREDIT IS CALCULATED, THE STUDENT  AND  SCHOOL
WHERE  THE STUDENT IS ENROLLED IS NOTIFIED OF THE TUITION CREDIT AMOUNT,
AND SUCH TUITION CREDIT IS APPLIED TOWARD THE TUITION CHARGED.
  2. EACH TUITION CREDIT PURSUANT TO THIS SECTION  SHALL  BE  AN  AMOUNT
EQUAL  TO THE PRODUCT OF THE TOTAL ANNUAL RESIDENT UNDERGRADUATE TUITION
RATE MINUS FIVE THOUSAND DOLLARS THEN MULTIPLIED BY AN AMOUNT  EQUAL  TO
THE  PRODUCT  OF  THE  TOTAL  ANNUAL  AWARD  FOR THE STUDENT PURSUANT TO
SECTION SIX HUNDRED SIXTY-SEVEN OF THIS ARTICLE  DIVIDED  BY  AN  AMOUNT
EQUAL TO THE MAXIMUM AMOUNT THE STUDENT QUALIFIES TO RECEIVE PURSUANT TO
CLAUSE  (A)  OF  SUBPARAGRAPH (I) OF PARAGRAPH A OF SUBDIVISION THREE OF
SECTION SIX HUNDRED SIXTY-SEVEN OF THIS ARTICLE.
  S 689-B. ALTERNATIVE TUITION CREDIT.  AN  ALTERNATIVE  TUITION  CREDIT
SHALL BE AVAILABLE UNDER THIS SECTION TO ELIGIBLE UNDERGRADUATE STUDENTS
ENROLLED  IN  A  PROGRAM  OF  UNDERGRADUATE STUDY AT A STATE OPERATED OR
SENIOR COLLEGE OF THE STATE UNIVERSITY OF NEW YORK OR THE CITY UNIVERSI-
TY OF NEW YORK WHERE THE ANNUAL RESIDENT UNDERGRADUATE TUITION RATE WILL

S. 5599                             4

EXCEED FIVE THOUSAND  DOLLARS.  THE  NEW  YORK  STATE  HIGHER  EDUCATION
SERVICES CORPORATION SHALL ACCEPT APPLICATIONS AND DETERMINE ELIGIBILITY
FOR  SUCH  CREDIT  BASED UPON THE CRITERIA ESTABLISHED UNDER SECTION SIX
HUNDRED  SIXTY-SEVEN  OF  THIS ARTICLE; PROVIDED, HOWEVER, THAT STUDENTS
WHOSE NET TAXABLE INCOME IS EIGHTY THOUSAND DOLLARS OR  MORE,  BUT  LESS
THAN  ONE  HUNDRED  THOUSAND  DOLLARS  SHALL  BE ELIGIBLE TO RECEIVE THE
TUITION CREDIT UNDER THIS SECTION. SUCH  TUITION  CREDIT  SHALL  BE  ONE
HUNDRED  TWENTY-FIVE DOLLARS FOR EACH SEMESTER, QUARTER OR TERM OF STUDY
THAT TUITION IS CHARGED AND  TUITION  FOR  THE  CORRESPONDING  SEMESTER,
QUARTER  OR  TERM  SHALL  NOT BE DUE FOR ANY STUDENT ELIGIBLE TO RECEIVE
SUCH TUITION CREDIT UNTIL SUCH CREDIT IS  CALCULATED,  THE  STUDENT  AND
SCHOOL  WHERE  THE STUDENT IS ENROLLED IS NOTIFIED OF THE TUITION CREDIT
AMOUNT, AND SUCH TUITION CREDIT IS APPLIED TOWARD THE TUITION CHARGED.
  S 5. Subdivision 7 of section 6206 of the education law is amended  by
adding two new paragraphs (d) and (e) to read as follows:
  (D)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, AND
SUBJECT TO THE REQUIREMENTS AS SET FORTH IN PARAGRAPH (E) OF THIS SUBDI-
VISION, THE CITY UNIVERSITY BOARD OF TRUSTEES  SHALL  BE  AUTHORIZED  TO
INCREASE  THE  RESIDENT UNDERGRADUATE RATE OF TUITION UP TO A MAXIMUM OF
THE FOLLOWING AMOUNTS:
  (I) FOR THE ACADEMIC YEAR TWO THOUSAND  ELEVEN--TWO  THOUSAND  TWELVE,
TWO  HUNDRED  FIFTY  DOLLARS  OVER  THE  RESIDENT  UNDERGRADUATE RATE OF
TUITION MOST RECENTLY AUTHORIZED BY THE BOARD OF TRUSTEES IN THE PRECED-
ING ACADEMIC YEAR;
  (II) FOR THE ACADEMIC YEAR TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN,
TWO HUNDRED DOLLARS OVER THE RESIDENT UNDERGRADUATE RATE OF TUITION MOST
RECENTLY AUTHORIZED BY THE BOARD OF TRUSTEES IN THE  PRECEDING  ACADEMIC
YEAR;
  (III)  FOR THE ACADEMIC YEAR TWO THOUSAND THIRTEEN--TWO THOUSAND FOUR-
TEEN, TWO HUNDRED  DOLLARS  OVER  THE  RESIDENT  UNDERGRADUATE  RATE  OF
TUITION MOST RECENTLY AUTHORIZED BY THE BOARD OF TRUSTEES IN THE PRECED-
ING ACADEMIC YEAR; AND
  (IV)  FOR  THE  ACADEMIC  YEAR  TWO  THOUSAND  FOURTEEN--TWO  THOUSAND
FIFTEEN, ONE HUNDRED FIFTY DOLLARS OVER THE RESIDENT UNDERGRADUATE  RATE
OF  TUITION  MOST  RECENTLY  AUTHORIZED  BY THE BOARD OF TRUSTEES IN THE
PRECEDING ACADEMIC YEAR.
PROVIDED THAT THE BOARD OF TRUSTEES SHALL NOT ADOPT CHANGES  IN  TUITION
CHARGES PRIOR TO THE ENACTMENT OF THE ANNUAL BUDGET.
  (E)  THE  CITY  UNIVERSITY  BOARD  OF  TRUSTEES SHALL BE AUTHORIZED TO
CHARGE TUITION RATES FOR RESIDENT UNDERGRADUATE STUDENTS  IN  ACCORDANCE
WITH  PARAGRAPH  (D)  OF  THIS  SUBDIVISION PROVIDED HOWEVER THAT IF THE
ANNUAL RESIDENT UNDERGRADUATE RATE OF TUITION WOULD EXCEED FIVE THOUSAND
DOLLARS, THEN A TUITION CREDIT FOR EACH ELIGIBLE STUDENT, AS  DETERMINED
AND  CALCULATED  BY  THE NEW YORK STATE HIGHER EDUCATION SERVICES CORPO-
RATION PURSUANT TO SECTION SIX  HUNDRED  EIGHTY-NINE-A  OR  SIX  HUNDRED
EIGHTY-NINE-B  OF  THIS  CHAPTER,  SHALL  BE  APPLIED TOWARD THE TUITION
CHARGED FOR EACH SEMESTER, QUARTER OR TERM OF STUDY.  TUITION  FOR  EACH
SEMESTER,  QUARTER  OR  TERM  OF  STUDY SHALL NOT BE DUE FOR ANY STUDENT
ELIGIBLE TO RECEIVE SUCH TUITION CREDIT  UNTIL  THE  TUITION  CREDIT  IS
CALCULATED AND APPLIED AGAINST THE TUITION CHARGED FOR THE CORRESPONDING
SEMESTER, QUARTER OR TERM.
  S  6. Subdivision 7 of section 6206 of the education law is amended by
adding a new paragraph (f) to read as follows:
  (F) TUITION REVENUE SHALL BE USED SOLELY FOR THE EXPENSES OF THE  CITY
UNIVERSITY  IN CARRYING OUT ITS OBJECTIVES AND PURPOSES AND SHALL NOT BE
USED TO OFF-SET OR REDUCE APPROPRIATIONS BY THE STATE IN SUPPORT OF  THE

S. 5599                             5

OPERATIONS  OF THE CITY UNIVERSITY. THE STATE SHALL APPROPRIATE ANNUALLY
AND MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT FOR THE CITY UNIVERSI-
TY IN AN AMOUNT NOT LESS THAN THE AMOUNT APPROPRIATED AND MADE AVAILABLE
TO  THE  CITY  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 CITY UNIVERSITY MAY BE REDUCED
BY NO MORE THAN THE SAME PROPORTION AS PERSONAL INCOME TAX RECEIPTS HAVE
DECLINED.
  S 7. Paragraph 4-a of subdivision A of section 6221 of  the  education
law is REPEALED.
  S  8. 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.
  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  9.  Section  359  of  the  education law is amended by adding a new
subdivision 5 to read as follows:
  5. THE STATE UNIVERSITY TRUSTEES SHALL CONDUCT A STUDY  REGARDING  THE
EFFECTIVENESS AND FUNCTIONALITY OF THE NEW YORK STATE TUITION ASSISTANCE
PROGRAM,  WHICH  SHALL  CONSIDER A VARIETY OF FACTORS INCLUDING, BUT NOT
LIMITED TO, THE COSTS ASSOCIATED WITH PURSUING A DEGREE IN UNDERGRADUATE
STUDY, CURRENT TUITION ASSISTANCE PROGRAM THRESHOLDS AND  AWARD  LEVELS,
CURRENT  ELIGIBILITY  CRITERIA TO QUALIFY FOR AN AWARD UNDER THE TUITION
ASSISTANCE PROGRAM, AND ANY OTHER INFORMATION THE TRUSTEES DETERMINE  TO
BE RELEVANT. THE STUDY SHALL ALSO INCLUDE RECOMMENDATIONS TO IMPROVE THE
TUITION ASSISTANCE PROGRAM TO BETTER MEET THE FUTURE FINANCIAL AID NEEDS
OF  STUDENTS WHO RESIDE IN NEW YORK STATE AND TO ENSURE CONTINUED ACCESS
AND AFFORDABILITY OF THE STATE UNIVERSITY OF NEW YORK. THE  STUDY  SHALL
BE SUBMITTED TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE
SPEAKER OF THE ASSEMBLY, THE DIRECTOR OF THE DIVISION OF THE BUDGET, THE
SENATE  FINANCE COMMITTEE, THE ASSEMBLY WAYS AND MEANS COMMITTEE AND THE

S. 5599                             6

HIGHER EDUCATION COMMITTEES OF THE  LEGISLATURE  ON  OR  BEFORE  OCTOBER
FIRST, TWO THOUSAND THIRTEEN.
  S  10.  Section  6206  of the education law is amended by adding a new
subdivision 17 to read as follows:
  17. THE CITY UNIVERSITY TRUSTEES SHALL CONDUCT A STUDY  REGARDING  THE
EFFECTIVENESS AND FUNCTIONALITY OF THE NEW YORK STATE TUITION ASSISTANCE
PROGRAM,  WHICH  SHALL  CONSIDER A VARIETY OF FACTORS INCLUDING, BUT NOT
LIMITED TO, THE COSTS ASSOCIATED WITH PURSUING A DEGREE IN UNDERGRADUATE
STUDY, CURRENT TUITION ASSISTANCE PROGRAM THRESHOLDS AND  AWARD  LEVELS,
CURRENT  ELIGIBILITY  CRITERIA TO QUALIFY FOR AN AWARD UNDER THE TUITION
ASSISTANCE PROGRAM AND ANY OTHER INFORMATION THE TRUSTEES  DETERMINE  TO
BE RELEVANT. THE STUDY SHALL ALSO INCLUDE RECOMMENDATIONS TO IMPROVE THE
TUITION ASSISTANCE PROGRAM TO BETTER MEET THE FUTURE FINANCIAL AID NEEDS
OF  STUDENTS WHO RESIDE IN NEW YORK STATE AND TO ENSURE CONTINUED ACCESS
AND AFFORDABILITY OF THE STATE UNIVERSITY OF NEW YORK. THE  STUDY  SHALL
BE SUBMITTED TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE
SPEAKER OF THE ASSEMBLY, THE DIRECTOR OF THE DIVISION OF THE BUDGET, THE
SENATE  FINANCE COMMITTEE, THE ASSEMBLY WAYS AND MEANS COMMITTEE AND THE
HIGHER EDUCATION COMMITTEES OF THE  LEGISLATURE  ON  OR  BEFORE  OCTOBER
FIRST, TWO THOUSAND THIRTEEN.
  S  11.  This act shall take effect immediately and shall expire and be
deemed repealed June 30, 2015.

2011-S5599A (ACTIVE) - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§355, 359 & 6206, rpld §§355 sub 8-b, §6221 sub A ¶4-a, add §§689-a & 689-b, Ed L; add §99-u, St Fin L

2011-S5599A (ACTIVE) - Summary

2011-S5599A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5599A

TITLE OF BILL:
An act
to amend the education law, in relation to tuition at state
universities and a study of the tuition assistance program; to amend
the state finance law, in relation to the state university of New York
agency trust fund; to repeal subdivision 8-b of section 355 of the
education law relating to state university annual apportionments; to
repeal paragraph 4-a of subdivision A of section 6221 of the education
law relating to city university annual apportionments; and providing for
the repeal of such provisions upon expiration thereof

PURPOSE:
To authorize the State University of New York and the City University
of New York to institute a four year rational tuition policy.

SUMMARY OF PROVISIONS:
Section 1: Authorizes the SUNY trustees to increase out-of-state and
graduate and professional degree program tuition, and to ensure that
the revenue generated is used for campus purposes.
Further, this section provides that the State shall not decrease
general fund operating support from the funds appropriated in
2011-2012 unless personal income tax receipts decline.

Section 2: Authorizes the SUNY trustees to increase tuition over the

next four years in the following amounts: $250 in academic year
2011-2012; $200 in academic year 2012-2013; $200 in academic year
2013-2014; and $150 in academic year 2014-2015. This section further
authorizes the Trustees to establish a STEM Plus fee at the four
University Centers at Albany, Binghamton, Buffalo and Stony Brook for
those students enrolled in certain declared majors.
Additionally, this section creates reporting requirements and provides
that if the annual undergraduate rate of tuition exceeds five
thousand dollars, then a tuition credit for each eligible student
shall be applied to the cost of tuition.

Section 3: Repeals section 8-b of section 355 of the education law.

Section 4: Establishes tuition credit eligibility.

Section 5: Authorizes the CUNY Trustees to increase tuition over the
next four years in the following amounts: $250 in academic year
2011-2012; $200 in academic year 2012-2013; $200 in academic year
2013-2014; and $150 in academic year 2014-2015. This section further
authorizes the Trustees to establish a STEM Plus fee at certain senior
colleges for those students enrolled in certain declared majors. It
further provides that if the annual undergraduate rate of tuition
exceeds five thousand dollars, then a tuition credit for each
eligible student shall be applied to the cost of tuition.

Section 6: Requires that the tuition revenue generated be used solely
for the purposes of CUNY and provides that the State shall not
decrease general fund operating support from the funds appropriated
in 2011-2012 unless personal income tax receipts decline.


Section 7: Repeals section 4-a of subdivision A of section 6221 of
the education law.

Section 8: Creates a new section of the State Finance law to establish
the State University of New York agency trust fund.

Section 9: Provides that the SUNY trustees shall conduct a study
regarding the effectiveness and functionality of TAP.

Section 10: Provides that the CUNY trustees shall conduct a study
regarding the effectiveness and functionality of TAP.

Section 11: Provides that this act shall take effect immediately and
be deemed expired on June 30,2015.

JUSTIFICATION:
The recent fiscal austerity measures brought to bear on SUNY and CUNY
have created a tremendous financial strain on the institutions,
parents and students. The lack of a systematic and rational tuition
plan coupled with massive budget cuts has only exacerbated the
already strained systems. By allowing SUNY and CUNY to set reasonable
and rational tuition policies with direct mechanisms to keep the
revenues routed back into the institutions will only help families
better plan college costs and enable the institutions to retain more
of the revenue they create and put it where they need it most, while
being less reliant on the implementation of fees and surcharges to
raise revenues beyond a base level of state mandates support.

LEGISLATIVE HISTORY:
New legislation.

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
Immediately.

2011-S5599A (ACTIVE) - Bill Text download pdf

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

                                 5599--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 6, 2011
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed  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,  in  relation  to  tuition  at  state
  universities  and  a study of the tuition assistance program; to amend
  the state finance law, in relation to the state university of New York
  agency trust fund; to repeal subdivision 8-b of  section  355  of  the
  education  law  relating to state university annual apportionments; to
  repeal paragraph 4-a of subdivision A of section 6221 of the education
  law relating to city university annual apportionments;  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. 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 FOR THE
TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE ACADEMIC YEAR  AND  THEREAFTER,
THE  TRUSTEES  MAY  AUTHORIZE  UP  TO A TEN PERCENT TUITION INCREASE PER
SEMESTER  FROM  THE  UNDERGRADUATE  TUITION  RATE  OF  EACH   YEAR   FOR
OUT-OF-STATE RESIDENTS ON A CAMPUS BY CAMPUS BASIS, AND MAY AUTHORIZE UP
TO  A  FIFTEEN  PERCENT  TUITION  INCREASE FOR GRADUATE AND PROFESSIONAL
DEGREE PROGRAMS, ON A PROGRAM BY PROGRAM BASIS AT  THE  FOUR  UNIVERSITY
CENTERS  AT  ALBANY,  BINGHAMTON,  BUFFALO  AND STONY BROOK, HEREINAFTER
KNOWN AS THE UNIVERSITY CENTERS AND the trustees may authorize the pres-
idents of the colleges of technology and the colleges of agriculture and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11989-04-1

S. 5599--A                          2

technology to set differing rates of tuition for each  of  the  colleges
for  students enrolled in degree-granting programs leading to an associ-
ate 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
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.
  S  2.  Paragraph  (h) of subdivision 2 of section 355 of the education
law is amended by adding two new subparagraphs 10  and  11  to  read  as
follows:
  (10)  (I)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
AND SUBJECT TO THE REQUIREMENTS AS SET FORTH IN SUBPARAGRAPH  ELEVEN  OF
THIS  PARAGRAPH,  THE  STATE  UNIVERSITY TRUSTEES SHALL BE AUTHORIZED TO
INCREASE THE RESIDENT UNDERGRADUATE RATE OF TUITION UP TO A  MAXIMUM  OF
THE FOLLOWING AMOUNTS:
  (A)  FOR  THE  ACADEMIC YEAR TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE,
TWO HUNDRED FIFTY  DOLLARS  OVER  THE  RESIDENT  UNDERGRADUATE  RATE  OF
TUITION  MOST  RECENTLY  AUTHORIZED  BY  THE  TRUSTEES  IN THE PRECEDING
ACADEMIC YEAR;
   (B) FOR THE ACADEMIC YEAR TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN,
TWO HUNDRED DOLLARS OVER THE RESIDENT UNDERGRADUATE RATE OF TUITION MOST
RECENTLY AUTHORIZED BY THE TRUSTEES IN THE PRECEDING ACADEMIC YEAR;
  (C) FOR THE ACADEMIC YEAR TWO THOUSAND  THIRTEEN--TWO  THOUSAND  FOUR-
TEEN,  TWO  HUNDRED  DOLLARS  OVER  THE  RESIDENT  UNDERGRADUATE RATE OF
TUITION MOST RECENTLY  AUTHORIZED  BY  THE  TRUSTEES  IN  THE  PRECEDING
ACADEMIC YEAR; AND
  (D) FOR THE ACADEMIC YEAR TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN,
ONE  HUNDRED  FIFTY  DOLLARS  OVER  THE  RESIDENT  UNDERGRADUATE RATE OF
TUITION MOST RECENTLY  AUTHORIZED  BY  THE  TRUSTEES  IN  THE  PRECEDING
ACADEMIC YEAR.
PROVIDED  THAT  THE  TRUSTEES  SHALL NOT ADOPT CHANGES AFFECTING TUITION
CHARGES PRIOR TO THE ENACTMENT OF THE ANNUAL BUDGET.
  (II) FOR THE ACADEMIC YEAR BEGINNING IN TWO THOUSAND ELEVEN--TWO THOU-
SAND TWELVE AND THEREAFTER, THE STATE UNIVERSITY TRUSTEES MAY  AUTHORIZE
THE  UNIVERSITY CENTERS TO CHARGE A SCIENCE, TECHNOLOGY, ENGINEERING AND
MATH FEE, TO BE KNOWN AS A STEM PLUS FEE, TO  THOSE  STUDENTS  WHO  HAVE
DECLARED  MAJORS  IN  SUCH  SUBJECT AREAS AND TO THOSE STUDENTS WHO HAVE
DECLARED MAJORS IN ACADEMIC MEDICINE. SUCH FEES SHALL BE INCLUDED IN THE

S. 5599--A                          3

DEFINITION OF TUITION FOR PURPOSES OF SECTION SIX HUNDRED SIXTY-SEVEN OF
THIS TITLE.
  (III)  THE  UNIVERSITY  CENTERS  SHALL  ANNUALLY  REPORT  TO THE STATE
UNIVERSITY TRUSTEES ON HOW RESEARCH REVENUE YIELDS QUANTIFIABLE  RESULTS
FOR  EACH  OF  THE  FOUR  CAMPUSES AND SUNY BUFFALO AND SUNY STONY BROOK
SHALL ADDITIONALLY REPORT ON WHAT EACH CAMPUS IS DOING TO MAINTAIN THEIR
AAU STATUS.
  (IV) EACH SUNY CAMPUS SHALL EXAMINE POLICIES AND PROCEDURES AND IMPLE-
MENT COST SAVING MEASURES FOR THE DURATION OF THE FOUR YEAR TUITION PLAN
AND SHALL INCREASE FUND RAISING EFFORTS  TO  PROMOTE  FISCAL  STABILITY.
FURTHER, THE TRUSTEES SHALL PERIODICALLY REVIEW THEIR PATENT POLICIES TO
ENSURE  COMPETITIVENESS,  AND  SHALL  ANNUALLY REPORT ON HOW THE REVENUE
GENERATED BY THIS ACT HAS HELPED RETAIN AND GROW FULL-TIME  FACULTY  AND
INCREASE PROGRAM AVAILABILITY.
  (11)  THE  STATE  UNIVERSITY  TRUSTEES  SHALL  BE AUTHORIZED TO CHARGE
TUITION RATES FOR RESIDENT UNDERGRADUATE  STUDENTS  IN  ACCORDANCE  WITH
SUBPARAGRAPH  TEN  OF THIS PARAGRAPH PROVIDED HOWEVER THAT IF THE ANNUAL
RESIDENT UNDERGRADUATE  RATE  OF  TUITION  WOULD  EXCEED  FIVE  THOUSAND
DOLLARS,  THEN A TUITION CREDIT FOR EACH ELIGIBLE STUDENT, AS DETERMINED
AND CALCULATED BY THE NEW YORK STATE HIGHER  EDUCATION  SERVICES  CORPO-
RATION  PURSUANT  TO  SECTION  SIX  HUNDRED EIGHTY-NINE-A OR SIX HUNDRED
EIGHTY-NINE-B OF THIS TITLE, SHALL BE APPLIED TOWARD THE TUITION CHARGED
FOR EACH SEMESTER, QUARTER OR TERM OF STUDY. TUITION FOR EACH  SEMESTER,
QUARTER  OR  TERM  OF STUDY SHALL NOT BE DUE FOR ANY STUDENT ELIGIBLE TO
RECEIVE SUCH TUITION CREDIT UNTIL THE TUITION CREDIT IS  CALCULATED  AND
APPLIED  AGAINST  THE  TUITION  CHARGED  FOR THE CORRESPONDING SEMESTER,
QUARTER OR TERM.
  S 3. Subdivision 8-b of section 355 of the education law is REPEALED.
  S 4. The education law is amended by adding two new sections 689-a and
689-b to read as follows:
  S 689-A. TUITION CREDITS. 1.  THE  NEW  YORK  STATE  HIGHER  EDUCATION
SERVICES  CORPORATION SHALL CALCULATE A TUITION CREDIT FOR EACH RESIDENT
UNDERGRADUATE STUDENT WHO HAS FILED AN APPLICATION WITH SUCH CORPORATION
FOR A TUITION ASSISTANCE PROGRAM AWARD PURSUANT TO SECTION  SIX  HUNDRED
SIXTY-SEVEN OF THIS ARTICLE, AND IS DETERMINED TO BE ELIGIBLE TO RECEIVE
SUCH  AWARD, AND IS ALSO ENROLLED IN A PROGRAM OF UNDERGRADUATE STUDY AT
A STATE OPERATED OR SENIOR COLLEGE OF THE STATE UNIVERSITY OF  NEW  YORK
OR THE CITY UNIVERSITY OF NEW YORK WHERE THE ANNUAL RESIDENT UNDERGRADU-
ATE  TUITION RATE WILL EXCEED FIVE THOUSAND DOLLARS. SUCH TUITION CREDIT
SHALL BE CALCULATED FOR EACH SEMESTER, QUARTER OR  TERM  OF  STUDY  THAT
TUITION  IS  CHARGED AND TUITION FOR THE CORRESPONDING SEMESTER, QUARTER
OR TERM SHALL NOT BE DUE  FOR  ANY  STUDENT  ELIGIBLE  TO  RECEIVE  SUCH
TUITION  CREDIT  UNTIL SUCH CREDIT IS CALCULATED, THE STUDENT AND SCHOOL
WHERE THE STUDENT IS ENROLLED IS NOTIFIED OF THE TUITION CREDIT  AMOUNT,
AND SUCH TUITION CREDIT IS APPLIED TOWARD THE TUITION CHARGED.
  2.  EACH  TUITION  CREDIT  PURSUANT TO THIS SECTION SHALL BE AN AMOUNT
EQUAL TO THE PRODUCT OF THE TOTAL ANNUAL RESIDENT UNDERGRADUATE  TUITION
RATE  MINUS  FIVE THOUSAND DOLLARS THEN MULTIPLIED BY AN AMOUNT EQUAL TO
THE PRODUCT OF THE TOTAL  ANNUAL  AWARD  FOR  THE  STUDENT  PURSUANT  TO
SECTION  SIX  HUNDRED  SIXTY-SEVEN  OF THIS ARTICLE DIVIDED BY AN AMOUNT
EQUAL TO THE MAXIMUM AMOUNT THE STUDENT QUALIFIES TO RECEIVE PURSUANT TO
CLAUSE (A) OF SUBPARAGRAPH (I) OF PARAGRAPH A OF  SUBDIVISION  THREE  OF
SECTION SIX HUNDRED SIXTY-SEVEN OF THIS ARTICLE.
  S  689-B.  ALTERNATIVE  TUITION  CREDIT. AN ALTERNATIVE TUITION CREDIT
SHALL BE AVAILABLE UNDER THIS SECTION TO ELIGIBLE UNDERGRADUATE STUDENTS
ENROLLED IN A PROGRAM OF UNDERGRADUATE STUDY  AT  A  STATE  OPERATED  OR

S. 5599--A                          4

SENIOR COLLEGE OF THE STATE UNIVERSITY OF NEW YORK OR THE CITY UNIVERSI-
TY OF NEW YORK WHERE THE ANNUAL RESIDENT UNDERGRADUATE TUITION RATE WILL
EXCEED  FIVE  THOUSAND  DOLLARS.  THE  NEW  YORK  STATE HIGHER EDUCATION
SERVICES CORPORATION SHALL ACCEPT APPLICATIONS AND DETERMINE ELIGIBILITY
FOR  SUCH  CREDIT  BASED UPON THE CRITERIA ESTABLISHED UNDER SECTION SIX
HUNDRED SIXTY-SEVEN OF THIS ARTICLE; PROVIDED,  HOWEVER,  THAT  STUDENTS
WHOSE  NET  TAXABLE  INCOME IS EIGHTY THOUSAND DOLLARS OR MORE, BUT LESS
THAN ONE HUNDRED THOUSAND DOLLARS  SHALL  BE  ELIGIBLE  TO  RECEIVE  THE
TUITION  CREDIT  UNDER  THIS  SECTION.  SUCH TUITION CREDIT SHALL BE ONE
HUNDRED TWENTY-FIVE DOLLARS FOR EACH SEMESTER, QUARTER OR TERM OF  STUDY
THAT  TUITION  IS  CHARGED  AND  TUITION FOR THE CORRESPONDING SEMESTER,
QUARTER OR TERM SHALL NOT BE DUE FOR ANY  STUDENT  ELIGIBLE  TO  RECEIVE
SUCH  TUITION  CREDIT  UNTIL  SUCH CREDIT IS CALCULATED, THE STUDENT AND
SCHOOL WHERE THE STUDENT IS ENROLLED IS NOTIFIED OF THE  TUITION  CREDIT
AMOUNT, AND SUCH TUITION CREDIT IS APPLIED TOWARD THE TUITION CHARGED.
  S  5. Subdivision 7 of section 6206 of the education law is amended by
adding two new paragraphs (d) and (e) to read as follows:
  (D) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  AND
SUBJECT TO THE REQUIREMENTS AS SET FORTH IN PARAGRAPH (E) OF THIS SUBDI-
VISION,  THE  CITY  UNIVERSITY  BOARD OF TRUSTEES SHALL BE AUTHORIZED TO
INCREASE THE RESIDENT UNDERGRADUATE RATE OF TUITION UP TO A  MAXIMUM  OF
THE FOLLOWING AMOUNTS:
  (I)  FOR  THE  ACADEMIC YEAR TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE,
TWO HUNDRED FIFTY  DOLLARS  OVER  THE  RESIDENT  UNDERGRADUATE  RATE  OF
TUITION MOST RECENTLY AUTHORIZED BY THE BOARD OF TRUSTEES IN THE PRECED-
ING ACADEMIC YEAR;
  (II) FOR THE ACADEMIC YEAR TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN,
TWO HUNDRED DOLLARS OVER THE RESIDENT UNDERGRADUATE RATE OF TUITION MOST
RECENTLY  AUTHORIZED  BY THE BOARD OF TRUSTEES IN THE PRECEDING ACADEMIC
YEAR;
  (III) FOR THE ACADEMIC YEAR TWO THOUSAND THIRTEEN--TWO THOUSAND  FOUR-
TEEN,  TWO  HUNDRED  DOLLARS  OVER  THE  RESIDENT  UNDERGRADUATE RATE OF
TUITION MOST RECENTLY AUTHORIZED BY THE BOARD OF TRUSTEES IN THE PRECED-
ING ACADEMIC YEAR;
  (IV)  FOR  THE  ACADEMIC  YEAR  TWO  THOUSAND  FOURTEEN--TWO  THOUSAND
FIFTEEN,  ONE HUNDRED FIFTY DOLLARS OVER THE RESIDENT UNDERGRADUATE RATE
OF TUITION MOST RECENTLY AUTHORIZED BY THE  BOARD  OF  TRUSTEES  IN  THE
PRECEDING ACADEMIC YEAR; AND
  (V)  FOR THE ACADEMIC YEAR BEGINNING IN TWO THOUSAND ELEVEN--TWO THOU-
SAND TWELVE AND THEREAFTER, THE CITY UNIVERSITY TRUSTEES  MAY  AUTHORIZE
SUCH  SENIOR  COLLEGES OF THE UNIVERSITY AS THE CHANCELLOR MAY RECOMMEND
TO CHARGE A SCIENCE, TECHNOLOGY, ENGINEERING AND MATH FEE, TO  BE  KNOWN
AS  A  STEM PLUS FEE, TO THOSE STUDENTS WHO HAVE DECLARED MAJORS IN SUCH
SUBJECT AREAS AND TO THOSE STUDENTS WHO HAVE DECLARED MAJORS IN ACADEMIC
MEDICINE. SUCH FEES SHALL BE INCLUDED IN THE DEFINITION OF  TUITION  FOR
PURPOSES OF SECTION SIX HUNDRED SIXTY-SEVEN OF THIS CHAPTER; AND
  (VI) EACH CUNY CAMPUS SHALL EXAMINE POLICIES AND PROCEDURES AND IMPLE-
MENT COST SAVING MEASURES FOR THE DURATION OF THE FOUR YEAR TUITION PLAN
AND  SHALL  INCREASE  FUND  RAISING EFFORTS TO PROMOTE FISCAL STABILITY.
FURTHER, THE TRUSTEES SHALL PERIODICALLY REVIEW THEIR PATENT POLICIES TO
ENSURE COMPETITIVENESS, AND SHALL ANNUALLY REPORT  ON  HOW  THE  REVENUE
GENERATED BY THIS PARAGRAPH HAS HELPED RETAIN AND GROWN FULL-TIME FACUL-
TY AND INCREASE PROGRAM AVAILABILITY.
PROVIDED  THAT  THE BOARD OF TRUSTEES SHALL NOT ADOPT CHANGES IN TUITION
CHARGES PRIOR TO THE ENACTMENT OF THE ANNUAL BUDGET.

S. 5599--A                          5

  (E) THE CITY UNIVERSITY BOARD  OF  TRUSTEES  SHALL  BE  AUTHORIZED  TO
CHARGE  TUITION  RATES FOR RESIDENT UNDERGRADUATE STUDENTS IN ACCORDANCE
WITH PARAGRAPH (D) OF THIS SUBDIVISION  PROVIDED  HOWEVER  THAT  IF  THE
ANNUAL RESIDENT UNDERGRADUATE RATE OF TUITION WOULD EXCEED FIVE THOUSAND
DOLLARS,  THEN A TUITION CREDIT FOR EACH ELIGIBLE STUDENT, AS DETERMINED
AND CALCULATED BY THE NEW YORK STATE HIGHER  EDUCATION  SERVICES  CORPO-
RATION  PURSUANT  TO  SECTION  SIX  HUNDRED EIGHTY-NINE-A OR SIX HUNDRED
EIGHTY-NINE-B OF THIS CHAPTER,  SHALL  BE  APPLIED  TOWARD  THE  TUITION
CHARGED  FOR  EACH  SEMESTER, QUARTER OR TERM OF STUDY. TUITION FOR EACH
SEMESTER, QUARTER OR TERM OF STUDY SHALL NOT  BE  DUE  FOR  ANY  STUDENT
ELIGIBLE  TO  RECEIVE  SUCH  TUITION  CREDIT UNTIL THE TUITION CREDIT IS
CALCULATED AND APPLIED AGAINST THE TUITION CHARGED FOR THE CORRESPONDING
SEMESTER, QUARTER OR TERM.
  S 6. Subdivision 7 of section 6206 of the education law is amended  by
adding a new paragraph (f) to read as follows:
  (F)  TUITION REVENUE SHALL BE USED SOLELY FOR THE EXPENSES OF THE CITY
UNIVERSITY IN CARRYING OUT ITS OBJECTIVES AND PURPOSES AND SHALL NOT  BE
USED  TO OFF-SET OR REDUCE APPROPRIATIONS BY THE STATE IN SUPPORT OF THE
OPERATIONS OF THE CITY UNIVERSITY. THE STATE SHALL APPROPRIATE  ANNUALLY
AND MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT FOR THE CITY UNIVERSI-
TY IN AN AMOUNT NOT LESS THAN THE AMOUNT APPROPRIATED AND MADE AVAILABLE
TO  THE  CITY  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 CITY UNIVERSITY MAY BE REDUCED
BY NO MORE THAN THE SAME PROPORTION AS PERSONAL INCOME TAX RECEIPTS HAVE
DECLINED.
  S 7. Paragraph 4-a of subdivision A of section 6221 of  the  education
law is REPEALED.
  S  8. 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.
  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

S. 5599--A                          6

UNIVERSITY OF NEW YORK AGENCY TRUST FUND  SHALL  NOT  BE  IMPOUNDED  NOR
TRANSFERRED OR OTHERWISE MADE AVAILABLE FOR OTHER PURPOSES.
  S  9.  Section  359  of  the  education law is amended by adding a new
subdivision 5 to read as follows:
  5. THE STATE UNIVERSITY TRUSTEES SHALL CONDUCT A STUDY  REGARDING  THE
EFFECTIVENESS AND FUNCTIONALITY OF THE NEW YORK STATE TUITION ASSISTANCE
PROGRAM,  WHICH  SHALL  CONSIDER A VARIETY OF FACTORS INCLUDING, BUT NOT
LIMITED TO, THE COSTS ASSOCIATED WITH PURSUING A DEGREE IN UNDERGRADUATE
STUDY, CURRENT TUITION ASSISTANCE PROGRAM THRESHOLDS AND  AWARD  LEVELS,
CURRENT  ELIGIBILITY  CRITERIA TO QUALIFY FOR AN AWARD UNDER THE TUITION
ASSISTANCE PROGRAM, AND ANY OTHER INFORMATION THE TRUSTEES DETERMINE  TO
BE RELEVANT. THE STUDY SHALL ALSO INCLUDE RECOMMENDATIONS TO IMPROVE THE
TUITION ASSISTANCE PROGRAM TO BETTER MEET THE FUTURE FINANCIAL AID NEEDS
OF  STUDENTS WHO RESIDE IN NEW YORK STATE AND TO ENSURE CONTINUED ACCESS
AND AFFORDABILITY OF THE STATE UNIVERSITY OF NEW YORK. THE  STUDY  SHALL
BE SUBMITTED TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE
SPEAKER OF THE ASSEMBLY, THE DIRECTOR OF THE DIVISION OF THE BUDGET, THE
SENATE  FINANCE COMMITTEE, THE ASSEMBLY WAYS AND MEANS COMMITTEE AND THE
HIGHER EDUCATION COMMITTEES OF THE  LEGISLATURE  ON  OR  BEFORE  OCTOBER
FIRST, TWO THOUSAND THIRTEEN.
  S  10.  Section  6206  of the education law is amended by adding a new
subdivision 17 to read as follows:
  17. THE CITY UNIVERSITY TRUSTEES SHALL CONDUCT A STUDY  REGARDING  THE
EFFECTIVENESS AND FUNCTIONALITY OF THE NEW YORK STATE TUITION ASSISTANCE
PROGRAM,  WHICH  SHALL  CONSIDER A VARIETY OF FACTORS INCLUDING, BUT NOT
LIMITED TO, THE COSTS ASSOCIATED WITH PURSUING A DEGREE IN UNDERGRADUATE
STUDY, CURRENT TUITION ASSISTANCE PROGRAM THRESHOLDS AND  AWARD  LEVELS,
CURRENT  ELIGIBILITY  CRITERIA TO QUALIFY FOR AN AWARD UNDER THE TUITION
ASSISTANCE PROGRAM AND ANY OTHER INFORMATION THE TRUSTEES  DETERMINE  TO
BE RELEVANT. THE STUDY SHALL ALSO INCLUDE RECOMMENDATIONS TO IMPROVE THE
TUITION ASSISTANCE PROGRAM TO BETTER MEET THE FUTURE FINANCIAL AID NEEDS
OF  STUDENTS WHO RESIDE IN NEW YORK STATE AND TO ENSURE CONTINUED ACCESS
AND AFFORDABILITY OF THE STATE UNIVERSITY OF NEW YORK. THE  STUDY  SHALL
BE SUBMITTED TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE
SPEAKER OF THE ASSEMBLY, THE DIRECTOR OF THE DIVISION OF THE BUDGET, THE
SENATE  FINANCE COMMITTEE, THE ASSEMBLY WAYS AND MEANS COMMITTEE AND THE
HIGHER EDUCATION COMMITTEES OF THE  LEGISLATURE  ON  OR  BEFORE  OCTOBER
FIRST, TWO THOUSAND THIRTEEN.
  S  11.  This act shall take effect immediately and shall expire and be
deemed repealed June 30, 2015.

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Sponsored By

Kenneth P. LaValle

Archive: Last Bill Status - In Senate Committee Higher Education Committee

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