S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10134
 
                           I N  A S S E M B L Y
 
                              March 16, 2018
                                ___________
 
 Introduced  by  M. of A. RAIA -- read once and referred to the Committee
   on Higher Education
 
 AN ACT to amend the education law,  in  relation  to  exempting  private
   scholarships from reductions in the Excelsior Scholarship
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 2 of section 669-h of  the  education  law,  as
 added  by  section  1  of part HHH of chapter 59 of the laws of 2017, is
 amended to read as follows:
   2. Amount. Within amounts appropriated therefor and  based  on  avail-
 ability  of  funds, awards shall be granted beginning with the two thou-
 sand seventeen--two thousand eighteen academic year  and  thereafter  to
 applicants  that  the corporation has determined are eligible to receive
 such awards. The corporation shall grant such awards in an amount up  to
 five thousand five hundred dollars or actual tuition, whichever is less;
 provided,  however, (a) a student who receives educational grants and/or
 scholarships that cover the student's full cost of attendance shall  not
 be eligible for an award under this program; and (b) an award under this
 program  shall  be  applied to tuition after the application of payments
 received under the tuition assistance program pursuant  to  section  six
 hundred sixty-seven of this subpart, tuition credits pursuant to section
 six  hundred  eighty-nine-a of this article, federal Pell grant pursuant
 to section one thousand seventy of title twenty  of  the  United  States
 code,  et.  seq.,  and  any other PUBLIC program that covers the cost of
 attendance, and the award under this program shall  be  reduced  in  the
 amount  equal  to  such payments, provided that the combined benefits do
 not exceed five thousand five hundred  dollars.  THE  AWARD  UNDER  THIS
 PROGRAM SHALL NOT BE REDUCED DUE TO THE ACCEPTANCE OF A SCHOLARSHIP FROM
 A  PRIVATE PERSON, CORPORATION, ENTITY OR INSTITUTION. Upon notification
 of an award under this program, the institution shall defer  the  amount
 of  tuition.  Notwithstanding  paragraph h of subdivision two of section
 three hundred fifty-five and  paragraph  (a)  of  subdivision  seven  of
 section six thousand two hundred six of this chapter, and any other law,
 rule or regulation to the contrary, the undergraduate tuition charged by
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15083-01-8

 A. 10134                            2
 
 the  institution  to recipients of an award shall not exceed the tuition
 rate established by the institution for the  two  thousand  sixteen--two
 thousand  seventeen  academic  year  provided,  however, that in the two
 thousand  twenty-one--two  thousand  twenty-two  academic year and every
 four years thereafter, the undergraduate tuition charged by the institu-
 tion to recipients of an award shall be reset to equal the tuition  rate
 established  by  the  institution  for  the  forthcoming  academic year,
 provided further that the tuition credit calculated pursuant to  section
 six  hundred  eighty-nine-a  of this article shall be applied toward the
 tuition rate charged for recipients of  an  award  under  this  program.
 Provided  further  that  the  state  university of New York and the city
 university of New York shall provide an  additional  tuition  credit  to
 students receiving an award to cover the remaining cost of tuition.
   § 2. This act shall take effect immediately.