S T A T E O F N E W Y O R K
________________________________________________________________________
2853
2017-2018 Regular Sessions
I N A S S E M B L Y
January 23, 2017
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Introduced by M. of A. KOLB, LUPINACCI, BRABENEC, GIGLIO, CURRAN -- 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".
§ 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.
§ 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.
LBD03355-01-7
A. 2853 2
696-F. FINANCIAL AID.
696-G. NOTIFICATION.
§ 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.
§ 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.
§ 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. 2853 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.
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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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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
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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.
§ 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 SEVENTEEN--TWO THOUSAND EIGHTEEN
ACADEMIC YEAR AND ENDING IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND
TWENTY-TWO ACADEMIC YEAR THE STATE UNIVERSITY OF NEW YORK BOARD OF TRUS-
TEES 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.
§ 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 SEVENTEEN--TWO THOUSAND EIGHTEEN
ACADEMIC YEAR AND ENDING IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND
TWENTY-TWO ACADEMIC YEAR THE CITY UNIVERSITY OF NEW YORK BOARD OF TRUS-
TEES 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.
§ 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.