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

                                 277--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sens. LAVALLE, PERALTA -- read twice and ordered printed,
  and when printed to be committed to the Committee on Higher  Education
  -- recommitted to the Committee on Higher Education in accordance with
  Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the education law, in  relation  to  tuition  assistance
  program awards

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

  Section 1. Paragraph a of subdivision 3 of section 667 of  the  educa-
tion law, as amended by section 1 of part B of chapter 60 of the laws of
2000,  item  1 of clause (A) of subparagraph (i) as amended by section 1
of part H of chapter 58 of the laws of 2011, the  opening  paragraph  of
item 1 of clause (A) of subparagraph (i) as amended by section 2 of part
X of chapter 56 of the laws of 2014, subitem (a) of item 1 of clause (A)
of  subparagraph  (i) as amended by section 2 of part U of chapter 56 of
the laws of 2014, subitem (b) of item 1 of clause  (A)  of  subparagraph
(i) as amended by section 3 of part U of chapter 56 of the laws of 2014,
subitem  (c)  of  item 1 of clause (A) of subparagraph (i) as amended by
section 1 of part U of chapter 56 of the laws of 2014,  subitem  (d)  of
item 1 of clause (A) of subparagraph (i) as added by section 1 of part E
of  chapter 58 of the laws of 2011, item 2 of clause (A) of subparagraph
(i) as amended by section 2 of part H of chapter 58 of the laws of  2011
and  subparagraph  (iii) as amended by section 3 of part H of chapter 58
of the laws of 2011, is amended to read as follows:
  a. Amount. The president shall make awards  to  students  enrolled  in
degree-granting   institutions  or  registered  not-for-profit  business
schools qualified for tax exemption under S 501(c)(3)  of  the  internal
revenue code for federal income tax purposes in the following amounts:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03374-02-6
              

S. 277--A                           2

  (i) For each year of undergraduate study, assistance shall be provided
as  computed  on  the  basis  of  the  amount which is the lesser of the
following:
  (A) (1) In the case of students who have not been granted an exclusion
of  parental  income,  who have qualified as an orphan, foster child, or
ward of the court for the purposes  of  federal  student  financial  aid
programs  authorized by Title IV of the Higher Education Act of 1965, as
amended, or had a dependent for income tax purposes during the tax  year
next  preceding  the academic year for which application is made, except
for those students who have been granted exclusion  of  parental  income
who have a spouse but no other dependent:
  (a)  For  students  first receiving aid after nineteen hundred ninety-
three--nineteen hundred ninety-four and before two  thousand--two  thou-
sand one, four thousand two hundred ninety dollars; or
  (b) For students first receiving aid in nineteen hundred ninety-three-
-nineteen  hundred  ninety-four or earlier, three thousand seven hundred
forty dollars; or
  (c) For students first receiving aid in two thousand--two thousand one
and thereafter, five thousand dollars, except starting in  two  thousand
fourteen-two thousand fifteen and thereafter such students shall receive
five thousand one hundred sixty-five dollars; or
  (d)  FOR  STUDENTS  FIRST  RECEIVING  AID IN TWO THOUSAND SIXTEEN--TWO
THOUSAND SEVENTEEN AND THEREAFTER, SIX  THOUSAND  FOUR  HUNDRED  SEVENTY
DOLLARS; OR
  (E)  For  undergraduate  students  enrolled in a program of study at a
non-public degree-granting institution that does not offer a program  of
study  that leads to a baccalaureate degree, or at a registered not-for-
profit  business  school  qualified  for  tax  exemption  under  section
501(c)(3)  of  the internal revenue code for federal income tax purposes
that does not offer a program of study that  leads  to  a  baccalaureate
degree,  four  thousand  dollars.  Provided,  however, that this subitem
shall not apply to students enrolled in a program of study leading to  a
certificate or degree in nursing.
  (2)  In the case of students receiving awards pursuant to subparagraph
(iii) of this paragraph and those students who have been granted  exclu-
sion of parental income who have a spouse but no other dependent.
  (a)  FOR  STUDENTS RECEIVING AID IN TWO THOUSAND SIXTEEN--TWO THOUSAND
SEVENTEEN AND THEREAFTER, SIX THOUSAND FOUR HUNDRED SEVENTY DOLLARS, OR
  (B) For students first receiving aid  in  nineteen hundred ninety-four
--nineteen  hundred  ninety-five and nineteen hundred ninety-five--nine-
teen hundred  ninety-six  and  thereafter,  three  thousand  twenty-five
dollars, or
  [(b)]  (C)  For students first receiving aid in nineteen hundred nine-
ty-two--nineteen hundred ninety-three and nineteen hundred ninety-three-
-nineteen hundred ninety-four, two thousand  five  hundred  seventy-five
dollars, or
  [(c)]  (D)  For students first receiving aid in nineteen hundred nine-
ty-one--nineteen  hundred  ninety-two  or  earlier,  two  thousand  four
hundred fifty dollars; or
  (B)  (1)  Ninety-five  percent  of the amount of tuition (exclusive of
educational fees) charged and, if applicable, the college fee levied  by
the  state  university of New York pursuant to the April first, nineteen
hundred sixty-four financing agreement with the New York state dormitory
authority.
  (2) For the two thousand one--two thousand two academic year and ther-
eafter one hundred percent of the amount of tuition (exclusive of educa-

S. 277--A                           3

tional fees) charged and, if applicable, the college fee levied  by  the
state  university  of  New  York  pursuant  to the April first, nineteen
hundred sixty-four financing agreement with the New York state dormitory
authority.
  (ii)  Except for students as noted in subparagraph (iii) of this para-
graph, the base amount as determined from subparagraph (i) of this para-
graph, shall be reduced in relation to income as follows:

Amount of income                    Schedule of reduction
                                    of base amount

(A) Less than [seven] EIGHT         None
    thousand SEVEN HUNDRED
    FIFTY dollars
(B) [Seven] EIGHT thousand          Seven per centum of excess
    SEVEN HUNDRED FIFTY             over [seven] EIGHT
    dollars or more, but less than  thousand SEVEN HUNDRED
    [eleven] THIRTEEN thousand      FIFTY dollars
    SEVEN HUNDRED FIFTY dollars
(C) [Eleven] THIRTEEN thousand      [Two] THREE
    SEVEN HUNDRED FIFTY             hundred [eighty] FIFTY
    dollars or more, but less than  dollars plus ten per centum of excess
    [eighteen] TWENTY-TWO           over [eleven] THIRTEEN
    thousand FIVE HUNDRED           thousand SEVEN HUNDRED
    dollars                         FIFTY dollars
(D) [Eighteen] TWENTY-TWO           [Nine] ONE THOUSAND
    thousand FIVE HUNDRED           TWO hundred
    dollars or more, but not more   [eighty] TWENTY-FIVE dollars
    than [eighty] ONE               plus twelve per centum of
    HUNDRED thousand dollars        excess over [eighteen]
                                    TWENTY-TWO thousand
                                    FIVE HUNDRED dollars;

PROVIDED THAT DEPENDENT STUDENTS WHOSE PARENTAL  INCOME  EXCEEDS  EIGHTY
THOUSAND  DOLLARS  BUT  NOT  MORE  THAN ONE HUNDRED THOUSAND DOLLARS, OR
STUDENTS WITH A DEPENDENT  AND  INCOME  IN  EXCESS  OF  EIGHTY  THOUSAND
DOLLARS,  BUT  NOT MORE THAN ONE HUNDRED THOUSAND DOLLARS, SHALL ONLY BE
ELIGIBLE FOR AWARDS IF HE OR SHE FIRST RECEIVES AN AWARD BEGINNING  WITH
THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN ACADEMIC YEAR.

  (iii)  (A)  For  students  who have been granted exclusion of parental
income and were single with no dependent for income tax purposes  during
the  tax  year next preceding the academic year for which application is
made, the base amount, as determined in subparagraph (i) of  this  para-
graph, shall be reduced in relation to income as follows:

Amount of income                    Schedule of reduction
                                    of base amount

(1) Less than [three] TEN thousand  None
    FIVE HUNDRED dollars
(2) [Three] TEN thousand            Thirty-one per centum of
    FIVE HUNDRED dollars or more,   amount in excess of
    but not more than [ten]         [three] TEN thousand
    THIRTY-FIVE thousand dollars    FIVE HUNDRED
                                    dollars;

S. 277--A                           4

PROVIDED  THAT  STUDENTS  WITH INCOMES IN EXCESS OF TEN THOUSAND DOLLARS
BUT NOT MORE THAN THIRTY-FIVE THOUSAND DOLLARS, SHALL ONLY  BE  ELIGIBLE
FOR  AWARDS  IF HE OR SHE FIRST RECEIVES AN AWARD BEGINNING WITH THE TWO
THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN ACADEMIC YEAR.
  (B)  For  those  students  who have been granted exclusion of parental
income who have a spouse but no other dependent, for income tax purposes
during the tax year next preceding the academic year for which  applica-
tion is made, the base amount, as determined in subparagraph (i) of this
paragraph, shall be reduced in relation to income as follows:

Amount of income                    Schedule of reduction
                                    of base amount

(1) Less than [seven] EIGHT         None
    thousand SEVEN HUNDRED FIFTY
    dollars
(2) [Seven] EIGHT thousand          Seven per centum of excess
    SEVEN HUNDRED FIFTY             over [seven]
    dollars or more, but less than  EIGHT thousand
    [eleven] THIRTEEN               SEVEN HUNDRED FIFTY
    thousand SEVEN HUNDRED          dollars
    FIFTY dollars
(3) [Eleven] THIRTEEN               [Two] THREE
    thousand SEVEN HUNDRED          hundred [eighty]
    FIFTY dollars or                FIFTY dollars plus
    more, but less than             ten per centum of excess
    [eighteen] TWENTY-TWO           over [eleven]
    thousand FIVE HUNDRED           THIRTEEN thousand
    dollars                         SEVEN HUNDRED FIFTY dollars
(4) [Eighteen] TWENTY-TWO           [Nine] ONE
    thousand FIVE HUNDRED           THOUSAND TWO
    dollars or more, but not        hundred [eighty] TWENTY-FIVE
    more than [forty] FIFTY         dollars plus twelve per centum
    thousand dollars                of excess over [eighteen] TWENTY-TWO
                                    thousand FIVE HUNDRED dollars;

PROVIDED  THAT STUDENTS WITH INCOMES IN EXCESS OF FORTY THOUSAND DOLLARS
BUT NOT MORE THAN FIFTY THOUSAND DOLLARS, SHALL  ONLY  BE  ELIGIBLE  FOR
AWARDS IF HE OR SHE FIRST RECEIVES AN AWARD BEGINNING WITH THE TWO THOU-
SAND SIXTEEN--TWO THOUSAND SEVENTEEN ACADEMIC YEAR.
  (iv)  If  the  amount  of reduction is not a whole dollar, it shall be
reduced to the next lowest whole dollar. In the case of any student  who
has  received  four  or  more  payments  pursuant  to any and all awards
provided for in this subdivision, for the two thousand--two thousand one
academic year the base amount shall be  reduced  by  an  additional  one
hundred fifty dollars for the two thousand one--two thousand two academ-
ic year and thereafter the base amount shall be reduced by an additional
one hundred dollars.
  (v)  The  award  shall be the net amount of the base amount determined
pursuant to subparagraph (i)  of  this  paragraph  reduced  pursuant  to
subparagraph  (ii) or (iii) of this paragraph but the award shall not be
reduced for the two thousand--two thousand one and two thousand one--two
thousand two academic years below two hundred  seventy-five  dollars  if
the  amount  of  income is eighty thousand dollars or less and more than
seventy thousand dollars,  three  hundred  twenty-five  dollars  if  the
amount of income is seventy thousand dollars or less and more than sixty

S. 277--A                           5

thousand  dollars  and four hundred twenty-five dollars if the amount of
income is sixty thousand dollars or less.
  (vi)  For  the  two thousand two--two thousand three academic year and
thereafter, the award shall be the net amount of the base amount  deter-
mined pursuant to subparagraph (i) of this paragraph reduced pursuant to
subparagraph  (ii) or (iii) of this paragraph but the award shall not be
reduced below five hundred dollars.
  S 2. This act shall take effect April 1, 2017, provided that the addi-
tion, amendment and/or repeal of any rule or  regulation  necessary  for
the  implementation  of this act on its effective date is authorized and
directed to be made and completed by the president of the higher  educa-
tion services corporation on or before such effective date.