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

                                  2753

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by  M.  of  A.  KOLB,  CERETTO,  LUPINACCI  -- read once and
  referred to the Committee on Higher Education

AN ACT to amend the education law, in relation to creating the  afforda-
  ble college education scholarship program

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

  Section 1. This act shall be known and may be cited as the "affordable
college education scholarship program".
  S 2. Legislative intent. The legislature finds that  higher  education
is  critical  to  the  future  of many New Yorkers and a highly educated
workforce is paramount to bolstering  a  healthy  economy  in  New  York
State.  Unfortunately, the rising cost of college is placing a financial
strain on students and families  and  jeopardizing  the  future  of  the
state's economy. Addressing that financial strain and the need to invest
in  New  York's  workforce  are  necessary  steps in securing New York's
future economy. Therefore the affordable college  education  scholarship
program  is  established  to  provide  families with the ability to send
their children to college to earn a bachelor's degree for  $10,000.  The
affordable  college education scholarship program will provide deserving
students and their families an affordable pathway to  a  college  educa-
tion.
  S 3. The education law is amended by adding a new article 14-B to read
as follows:
                              ARTICLE 14-B
            AFFORDABLE COLLEGE EDUCATION SCHOLARSHIP PROGRAM
SECTION 696.   DEFINITIONS.
        696-A. DUTIES OF THE COMMISSIONER.
        696-B. INCOME.
        696-C. ELIGIBILITY.
        696-D. DURATION.
        696-E. COST OF PROGRAM.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02541-01-5
              

A. 2753                             2

        696-F. FINANCIAL AID.
        696-G. NOTIFICATION.
  S 696. DEFINITIONS. AS USED IN THIS ARTICLE:
  1.  "PARTICIPATING  COMMUNITY  COLLEGE"  MEANS  ANY  COMMUNITY COLLEGE
ESTABLISHED AND OPERATED PURSUANT  TO  THE  PROVISIONS  OF  ARTICLE  ONE
HUNDRED  TWENTY-SIX  OF THIS CHAPTER, AND PROVIDING TWO-YEAR POST-SECON-
DARY PROGRAMS IN GENERAL AND TECHNICAL EDUCATION SUBJECTS AND  RECEIVING
FINANCIAL ASSISTANCE FROM THE STATE.
  2.  "PARTICIPATING  FOUR-YEAR COLLEGE" MEANS ANY UNIVERSITY OR COLLEGE
OF THE STATE UNIVERSITY OF NEW YORK AS ESTABLISHED BY SUBDIVISION  THREE
OF  SECTION THREE HUNDRED FIFTY-TWO OF THIS CHAPTER AND THE CITY UNIVER-
SITY OF NEW YORK AS ESTABLISHED BY ARTICLE ONE  HUNDRED  TWENTY-FIVE  OF
THIS CHAPTER THAT PROVIDE FOUR-YEAR BACHELOR DEGREE PROGRAMS.
  3.  "GOOD  ACADEMIC  STANDING"  FOR THE PURPOSES OF THIS ARTICLE MEANS
RETAINING A MINIMUM GRADE POINT AVERAGE OF 2.5 OR THE EQUIVALENT.
  S 696-A. DUTIES OF THE COMMISSIONER. THE COMMISSIONER SHALL  ESTABLISH
AN APPLICATION AND APPLICATION PROCESS FOR THE AFFORDABLE COLLEGE EDUCA-
TION  SCHOLARSHIP  PROGRAM.   THE COMMISSIONER SHALL SELECT ONE THOUSAND
QUALIFIED APPLICANTS  PER  YEAR  FOR  PARTICIPATION  IN  THE  AFFORDABLE
COLLEGE  EDUCATION  SCHOLARSHIP  PROGRAM, FROM AMONG CANDIDATES WHO MEET
AND EXCEED THE MINIMUM ELIGIBILITY REQUIREMENTS, IN ORDER  OF  MERIT  ON
THE  BASIS  OF  SUCH  COMBINATION  OF TEST SCORES, ACADEMIC RECORDS, AND
PERSONAL QUALIFICATIONS AS THE COMMISSIONER DEEMS APPROPRIATE.
  S 696-B. INCOME. 1. DEFINITION. "INCOME" SHALL BE  THE  TOTAL  OF  THE
COMBINED  NET TAXABLE INCOME AND INCOME FROM PENSIONS OF NEW YORK STATE,
LOCAL GOVERNMENTS, THE FEDERAL GOVERNMENT AND ANY  PRIVATE  EMPLOYER  OF
THE  APPLICANT,  THE  APPLICANT'S SPOUSE, AND THE APPLICANT'S PARENTS OR
LEGAL GUARDIAN, INCLUDING ANY PENSION AND ANNUITY  INCOME  EXCLUDED  FOR
PURPOSES  OF TAXATION PURSUANT TO PARAGRAPH THREE-A OF SUBSECTION (C) OF
SECTION SIX HUNDRED TWELVE OF THE TAX LAW, AS REPORTED IN NEW YORK STATE
INCOME TAX RETURNS FOR THE CALENDAR YEAR NEXT PRECEDING THE BEGINNING OF
THE SCHOOL YEAR FOR WHICH THE APPLICATION IS  MADE.  THE  TERM  "PARENT"
SHALL  INCLUDE  BIRTH  PARENTS,  STEPPARENTS,  ADOPTIVE  PARENTS AND THE
SPOUSE OF AN ADOPTIVE PARENT. INCOME, IF  NOT  A  WHOLE  DOLLAR  AMOUNT,
SHALL BE ASSUMED TO BE EQUAL TO THE NEXT LOWEST WHOLE DOLLAR AMOUNT. ANY
CHANGE  IN THE STATUS OF AN APPLICANT WITH REGARD TO THE PERSONS RESPON-
SIBLE FOR THE APPLICANT'S SUPPORT OCCURRING AFTER THE BEGINNING  OF  ANY
SEMESTER SHALL NOT BE CONSIDERED TO CHANGE THE APPLICANT'S ELIGIBILITY.
  2.  SEPARATION  OF  PARENTS. IF THE PARENTS OF AN APPLICANT ARE LIVING
APART, THE INCOME OF THE APPLICANT SHALL BE BASED  UPON  THE  INCOME  OF
THAT  PARENT WITH WHOM THE APPLICANT IS LIVING; OR WHO EXERCISES CUSTODY
IF THE APPLICANT IS A MINOR, OR WOULD EXERCISE CUSTODY IF THE  APPLICANT
WERE A MINOR, AND ANY APPROPRIATE PAYMENTS FOR THE SUPPORT OF THE APPLI-
CANT FROM THE OTHER PARENT.
  3.  EXCLUSION OF PARENTAL INCOME IN THE DETERMINATION OF THE AMOUNT OF
AN AWARD. A. IN DETERMINING THE AMOUNT OF AN  AWARD  FOR  STUDENTS,  THE
INCOME  OF THE PARENTS SHALL BE EXCLUDED IF THE STUDENT HAS BEEN EMANCI-
PATED FROM HIS PARENTS.
  B. A STUDENT SHALL BE CONSIDERED EMANCIPATED IF:
  (I) THE APPLICANT IS A STUDENT WHO WAS MARRIED ON OR  BEFORE  DECEMBER
THIRTY-FIRST OF THE CALENDAR YEAR PRIOR TO THE BEGINNING OF THE ACADEMIC
YEAR  FOR  WHICH  APPLICATION IS MADE OR IS AN UNDERGRADUATE STUDENT WHO
HAS REACHED THE AGE OF TWENTY-TWO ON OR BEFORE JUNE THIRTIETH  PRIOR  TO
THE  ACADEMIC  YEAR  FOR  WHICH  APPLICATION IS MADE AND WHO, DURING THE
CALENDAR YEAR NEXT PRECEDING THE SEMESTER, QUARTER OR TERM OF ATTENDANCE

A. 2753                             3

FOR WHICH APPLICATION IS MADE AND AT ALL TIMES SUBSEQUENT THERETO UP  TO
AND INCLUDING THE ENTIRE PERIOD FOR WHICH APPLICATION IS MADE:
  (A)  HAS  NOT  RESIDED AND WILL NOT RESIDE WITH HIS OR HER PARENTS FOR
MORE THAN SIX WEEKS; AND
  (B) HAS NOT AND WILL  NOT  RECEIVE  FINANCIAL  ASSISTANCE  OR  SUPPORT
VALUED IN EXCESS OF SEVEN HUNDRED FIFTY DOLLARS FROM HIS OR HER PARENTS;
AND
  (C)  HAS  NOT  AND WILL NOT BE CLAIMED AS A DEPENDENT BY EITHER PARENT
FOR PURPOSES OF EITHER FEDERAL OR STATE INCOME TAX; OR
  (II) THE APPLICANT HAS REACHED THE AGE OF  THIRTY-FIVE  ON  OR  BEFORE
JUNE THIRTIETH PRIOR TO THE ACADEMIC YEAR FOR WHICH APPLICATION IS MADE;
OR
  (III)  THE APPLICANT WAS ENLISTED IN FULL TIME ACTIVE MILITARY SERVICE
IN THE ARMED  FORCES  OF  THE  UNITED  STATES  AND  HAS  BEEN  HONORABLY
DISCHARGED  FROM SUCH SERVICE, PROVIDED, HOWEVER, THAT THE APPLICANT HAS
NOT AND WILL NOT BE CLAIMED AS A DEPENDENT BY EITHER PARENT FOR PURPOSES
OF EITHER FEDERAL OR STATE INCOME TAX.
  C. IN MAKING A DETERMINATION  OF  WHERE  A  STUDENT  RESIDES  FOR  THE
PURPOSES OF CLAUSE (A) OF SUBPARAGRAPH (I) OF PARAGRAPH B OF THIS SUBDI-
VISION,  THE  PRESIDENT MAY CONSIDER SUCH CRITERIA AS HE DEEMS APPROPRI-
ATE. RESIDENCE BY THE STUDENT IN AN APARTMENT, BUILDING, OR OTHER  PREM-
ISES  OWNED  BY A PARENT SHALL BE CONSIDERED RESIDENCE WITH THAT PARENT,
FOR THE PURPOSES OF THIS SECTION, EVEN  IF  THE  STUDENT  MAKES  PAYMENT
THEREFOR IN THE FORM OF RENT OR OTHER CONSIDERATIONS.
  D.  IN MAKING A DETERMINATION OF WHETHER A STUDENT HAS BEEN CLAIMED BY
A PARENT AS A DEPENDENT FOR PURPOSES OF EITHER FEDERAL OR  STATE  INCOME
TAX,  THE  PRESIDENT  MAY  REQUIRE  THE STUDENT TO SUBMIT A COPY OF THAT
PORTION OF THE PARENTS' FEDERAL INCOME TAX  RETURN  WHICH  INCLUDES  THE
PARENTS' SIGNATURE AND THE LIST OF CLAIMED DEPENDENTS.
  4.  RELINQUISHING OF PARENTAL CONTROL. IN DETERMINING THE AMOUNT OF AN
AWARD, THE PRESIDENT MAY, IN CASES OF  UNUSUAL  AND  EXCEPTIONAL  FAMILY
CIRCUMSTANCES  WARRANTING  SUCH  ACTION, RECOGNIZE AN EXISTING CONDITION
WHEREIN PARENTAL CONTROL HAS IN EFFECT BEEN RELINQUISHED BY THE  PARENTS
OR  OTHERS  RESPONSIBLE  FOR  THE  APPLICANT,  AND  NOTWITHSTANDING  THE
PROVISIONS OF SUBDIVISION THREE OF THIS SECTION, THE  APPLICANT  HAS  IN
EFFECT BEEN EMANCIPATED. THE CRITERIA USED IN DETERMINING THESE CASES OF
UNUSUAL AND EXCEPTIONAL FAMILY CIRCUMSTANCES SHALL BE ESTABLISHED BY THE
PRESIDENT WITH THE APPROVAL OF THE BOARD OF TRUSTEES AND THE DIRECTOR OF
THE DIVISION OF THE BUDGET.
  5.  INCOME  TAX  RETURN  NOT FILED OR NOT INCLUDING INCOME OUTSIDE NEW
YORK STATE. IF A PERSON REQUIRED TO REPORT INCOME TO THE CORPORATION DID
NOT FILE AN APPROPRIATE NEW YORK STATE INCOME  TAX  RETURN,  OR  IF  THE
RETURN DID NOT INCLUDE INCOME  OUTSIDE NEW YORK STATE, SUCH PERSON SHALL
REPORT  TO THE CORPORATION WHAT HIS INCOME WOULD HAVE BEEN HAD HIS TOTAL
INCOME BEEN SUBJECT TO NEW YORK STATE INCOME TAX AND HAD SUCH INCOME TAX
RETURN BEEN FILED.
  6. STATEMENT OF INCOME. AN APPLICANT, THE APPLICANT'S SPOUSE, AND  THE
APPLICANT'S  PARENTS,  IF  THEIR  INCOME  IS  INCLUDED  IN  "INCOME" FOR
PURPOSES OF THIS ARTICLE, SHALL FILE ANNUALLY WITH THE CORPORATION, IN A
MANNER PRESCRIBED BY THE PRESIDENT, A STATEMENT OF THEIR INCOME,  SIGNED
AND AFFIRMED AS TRUE UNDER PENALTIES OF PERJURY.
  7.  VERIFICATION  OF FINANCIAL REPORT. THE STATE TAX COMMISSION SHALL,
UPON REQUEST BY THE PRESIDENT, COMPARE  ANY  STATEMENT  FILED  WITH  THE
CORPORATION   PURSUANT  TO  THIS  ARTICLE  OR  ANY  INFORMATION  DERIVED
THERE-FROM WITH THE STATE INCOME TAX RETURNS FILED BY THE PERSONS MAKING
SUCH STATEMENT AND SHALL REPORT ANY DISCREPANCIES TO THE PRESIDENT.

A. 2753                             4

  8. CONFIDENTIALITY OF FINANCIAL REPORTS. ALL STATEMENTS FILED WITH THE
CORPORATION AND ALL REPORTS MADE BY THE STATE TAX COMMISSION PURSUANT TO
THIS SECTION SHALL BE DEEMED CONFIDENTIAL.
  S  696-C.  ELIGIBILITY.  THE  AFFORDABLE COLLEGE EDUCATION SCHOLARSHIP
PROGRAM SHALL BE AVAILABLE TO THOSE PERSONS:
  1. WHO ARE (I) A CITIZEN OF  THE  UNITED  STATES,  OR  (II)  AN  ALIEN
LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES, OR (III)
AN  INDIVIDUAL OF A CLASS OF REFUGEES PAROLED BY THE ATTORNEY GENERAL OF
THE UNITED STATES UNDER HIS OR HER PAROLE AUTHORITY  PERTAINING  TO  THE
ADMISSION OF ALIENS TO THE UNITED STATES;
  2. WHO HAVE BEEN EITHER (I) A LEGAL RESIDENT OF THE STATE FOR AT LEAST
ONE YEAR IMMEDIATELY PRECEDING THE BEGINNING OF THE SEMESTER, QUARTER OR
TERM  OF  ATTENDANCE  FOR  WHICH  APPLICATION FOR THE AFFORDABLE COLLEGE
EDUCATION SCHOLARSHIP PROGRAM IS MADE, OR (II) A LEGAL RESIDENT  OF  THE
STATE  AND  HAVE BEEN A LEGAL RESIDENT DURING HIS OR HER LAST TWO SEMES-
TERS OF HIGH SCHOOL EITHER PRIOR TO GRADUATION, OR PRIOR TO ADMISSION TO
COLLEGE. NOTWITHSTANDING ANY OTHER PROVISION  OF  THIS  ARTICLE  TO  THE
CONTRARY,  THE NEW YORK STATE RESIDENCY ELIGIBILITY REQUIREMENT FOR THIS
PROGRAM IS WAIVED FOR A MEMBER, OR THE SPOUSE OR DEPENDENT OF A  MEMBER,
OF  THE  ARMED  FORCES OF THE UNITED STATES ON FULL-TIME ACTIVE-DUTY AND
STATIONED IN THIS STATE;
  3. WHO HAVE APPLIED TO SUCH PROGRAM AND BEEN ACCEPTED;
  4. WHO HAVE GRADUATED FROM A SECONDARY SCHOOL LOCATED WITHIN NEW  YORK
STATE  OR  HAVE RECEIVED A HIGH SCHOOL EQUIVALENCY DIPLOMA FROM NEW YORK
STATE;
  5. WHO ENROLL IN AN APPROVED PROGRAM AS DEFINED IN SECTION SIX HUNDRED
NINETY-SIX OF THIS ARTICLE  AT  A  PARTICIPATING  COMMUNITY  COLLEGE  OR
PARTICIPATING  FOUR-YEAR  COLLEGE  TO COMPLETE A BACHELOR'S DEGREE IN AN
APPROVED PROGRAM;
  6. WHO REMAIN IN GOOD ACADEMIC STANDING; AND
  7. WHOSE INCOME AS DEFINED IN SECTION SIX HUNDRED NINETY-SIX-B OF THIS
ARTICLE DOES NOT EXCEED TWO HUNDRED  THOUSAND  DOLLARS  OR  ONE  HUNDRED
FIFTY  THOUSAND  DOLLARS  IN  CASES WHERE PARENTAL INCOME IS EXCLUDED AS
PROVIDED IN SECTION SIX HUNDRED NINETY-SIX-B.
  S 696-D. DURATION. STUDENTS, WHO REMAIN IN GOOD ACADEMIC STANDING  AND
CONTINUE  TO MEET THE ELIGIBILITY REQUIREMENTS OF THE AFFORDABLE COLLEGE
EDUCATION SCHOLARSHIP PROGRAM, WILL REMAIN IN SAID PROGRAM FOR NOT  MORE
THAN FOUR ACADEMIC YEARS OF FULL-TIME UNDERGRADUATE STUDY.
  S 696-E. COST OF PROGRAM. EACH STUDENT ACCEPTED INTO THIS PROGRAM WILL
BE  CHARGED  AN AMOUNT OF NO MORE THAN TWO THOUSAND FIVE HUNDRED DOLLARS
PER ACADEMIC YEAR. INCLUDED IN THIS COST WILL BE TUITION, ROOM AND BOARD
AND A FIVE HUNDRED DOLLAR PER SEMESTER STIPEND FOR TEXTBOOKS. THE  STATE
WILL  PROVIDE  THE  STATE  UNIVERSITY  AND  THE CITY UNIVERSITY WITH THE
REMAINING COST TO EDUCATE THESE STUDENTS.
  S 696-F. FINANCIAL AID. THOSE STUDENTS WHO  ARE  AWARDED  AN  ACADEMIC
SCHOLARSHIP FROM HIGHER EDUCATION SERVICES WILL SEE A REDUCTION IN THEIR
COST  OF  THE  PROGRAM BY AN AMOUNT EQUAL TO THEIR AWARD. ANY ADDITIONAL
FINANCIAL AID, INCLUDING FROM THE TUITION ASSISTANCE PROGRAM, THE AMOUNT
OF THE AWARD WILL GO TO THE SCHOOL AND WILL DIMINISH THE  STATE'S  SHARE
OF THE STUDENT'S COST OF EDUCATION.
  S 696-G. NOTIFICATION. 1. THE SUPERINTENDENT OF SCHOOLS OR OTHER CHIEF
SCHOOL OFFICER OF EACH PUBLIC SCHOOL DISTRICT AND THE CHIEF SCHOOL OFFI-
CER  OF  NONPUBLIC SECONDARY SCHOOLS SHALL TAKE STEPS TO INFORM STUDENTS
AND PARENTS ABOUT THE AFFORDABLE COLLEGE EDUCATION SCHOLARSHIP  PROGRAM.
THE  HIGHER  EDUCATION  SERVICES  CORPORATION,  IN  COOPERATION WITH THE
COMMISSIONER, SHALL ASSIST SUCH EFFORTS BY MAKING  AVAILABLE  TO  SCHOOL

A. 2753                             5

DISTRICTS, NONPUBLIC SECONDARY SCHOOLS AND STUDENTS INFORMATION RELATING
TO  SUCH PROGRAMS AND AID. IN ADDITION, THE COMMISSIONER, IN COOPERATION
WITH THE PRESIDENT AND SCHOOL OFFICIALS SHALL ALSO  PROVIDE  SUCH  OTHER
INFORMATION  AS  IS  APPROPRIATE  TO ENCOURAGE STUDENTS TO COMPLETE HIGH
SCHOOL AND TO ASSIST STUDENTS IN PREPARING TO ATTEND COLLEGE.
  2. A REPORT DETAILING THE NUMBER OF STUDENTS IN THE  PROGRAM  ENROLLED
IN  EACH  PROGRAM  OF  STUDY AND THE NUMBER OF STUDENTS PARTICIPATING AT
EACH INSTITUTION SHALL  BE  GENERATED  BY  THE  PARTICIPATING  COMMUNITY
COLLEGE  OR  FOUR-YEAR  COLLEGE  AND SUBMITTED TO THE DIVISION OF BUDGET
WITH A COPY PROVIDED TO EACH HOUSE OF THE LEGISLATURE AND THE GOVERNOR.
  S 4. Subparagraph 4 of paragraph h of subdivision 2 of section 355  of
the  education  law  is  amended  by  adding a new clause (v) to read as
follows:
  (V) COMMENCING WITH THE  TWO  THOUSAND  FIFTEEN-TWO  THOUSAND  SIXTEEN
ACADEMIC YEAR AND ENDING IN THE TWO THOUSAND NINETEEN-TWO THOUSAND TWEN-
TY  ACADEMIC  YEAR  THE  STATE  UNIVERSITY OF NEW YORK BOARD OF TRUSTEES
SHALL BE EMPOWERED TO ADMINISTER A PROGRAM IN  WHICH  STUDENTS  PAY  TWO
THOUSAND  FIVE  HUNDRED  DOLLARS PER YEAR FOR FOUR YEARS OF EDUCATION AS
ESTABLISHED PURSUANT TO ARTICLE FOURTEEN-B OF  THIS  CHAPTER.    PARTIC-
IPATION  IN  SUCH PROGRAM WILL BE AWARDED SOLELY ON MERIT. THE REMAINDER
OF THE COST OF THIS PROGRAM WILL BE PAID FOR BY THE STATE.
  S 5. Paragraph (a) of subdivision 7 of section 6206 of  the  education
law is amended by adding a new subparagraph (iv) to read as follows:
  (IV)  COMMENCING  WITH  THE  TWO THOUSAND FIFTEEN-TWO THOUSAND SIXTEEN
ACADEMIC YEAR AND ENDING IN THE TWO THOUSAND NINETEEN-TWO THOUSAND TWEN-
TY ACADEMIC YEAR THE CITY UNIVERSITY OF NEW YORK BOARD OF TRUSTEES SHALL
BE EMPOWERED TO ADMINISTER A PROGRAM IN WHICH STUDENTS PAY TWO  THOUSAND
FIVE HUNDRED DOLLARS PER YEAR FOR FOUR YEARS OF EDUCATION AS ESTABLISHED
PURSUANT  TO  ARTICLE FOURTEEN-B OF THIS CHAPTER.  PARTICIPATION IN SUCH
PROGRAM WILL BE AWARDED SOLELY ON MERIT. THE REMAINDER OF  THE  COST  OF
THIS PROGRAM WILL BE PAID FOR BY THE STATE.
  S  6. This act shall take effect immediately; provided that the amend-
ments to subparagraph 4 of paragraph h of subdivision 2 of  section  355
of  the education law made by section four of this act and paragraph (a)
of subdivision 7 of section 6206 of the education law  made  by  section
five  of  this  act  shall be subject to the expiration and reversion of
such provisions and shall expire and be deemed repealed therewith.