Assembly Bill A8146A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8146--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 31, 2017
                                ___________
 
 Introduced  by  M. of A. SEPULVEDA, VANEL, HARRIS, MOSLEY, JENNE, SIMON,
   GOODELL, MONTESANO, GOTTFRIED, COLTON, McDONOUGH, BLAKE, COOK,  BRABE-
   NEC,  WRIGHT,  PICHARDO,  ARROYO, SOLAGES, BICHOTTE, ABINANTI, LAVINE,
   McDONALD, BUTLER, ROZIC,  CRESPO,  DE LA ROSA,  GANTT,  DAVILA,  RAIA,
   THIELE,  CUSICK,  PEOPLES-STOKES,  RA,  LUPARDO, DILAN, RIVERA, ENGLE-
   BRIGHT, PRETLOW,  ORTIZ,  AUBRY,  STIRPE,  PAULIN,  MAGEE,  BENEDETTO,
   JEAN-PIERRE,  M. G. MILLER,  HIKIND,  MAYER,  FAHY, WEPRIN, DenDEKKER,
   BRAUNSTEIN, HEVESI, LENTOL, LIFTON, BRONSON, BARRON,  JOYNER,  HUNTER,
   STECK,  RICHARDSON,  KIM, WALKER, HYNDMAN, DiPIETRO, HOOPER, L. ROSEN-
   THAL, PHEFFER AMATO,  MORINELLO,  BRINDISI,  NORRIS,  TITONE,  JAFFEE,
   MAGNARELLI,  ERRIGO,  SEAWRIGHT,  GIGLIO,  DICKENS,  DINOWITZ, D'URSO,
   CURRAN, GUNTHER, BARCLAY, GALEF, LAWRENCE -- Multi-Sponsored by --  M.
   of A. FITZPATRICK, GARBARINO, MURRAY, PERRY, RAMOS, RODRIGUEZ, SKARTA-
   DOS, TITUS -- read once and referred to the Committee on Higher Educa-
   tion -- recommitted to the Committee on Higher Education in accordance
   with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee

 AN ACT to amend the education law, in relation to establishing  the  New
   York  state  leaders  of  tomorrow scholarship; and to amend the state
   finance law, in relation to the disposition of moneys from  the  state
   lottery fund
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section  669-i
 to read as follows:
   §  669-I.  THE  NEW  YORK  STATE  LEADERS  OF TOMORROW SCHOLARSHIP. 1.
 RECIPIENT QUALIFICATIONS. (A) ELIGIBLE STUDENTS. AWARDS SHALL BE MADE TO
 THE VALEDICTORIAN FROM EACH PUBLIC HIGH SCHOOL IN NEW YORK STATE WHO ARE
 ENROLLED IN APPROVED PROGRAMS IN PUBLIC OR PRIVATE NOT-FOR-PROFIT DEGREE
 GRANTING INSTITUTIONS; PROVIDED, THAT, NO AWARD SHALL EXCEED ONE HUNDRED
 PERCENT OF THE AMOUNT OF TUITION CHARGED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11267-03-8

 A. 8146--A                          2
 
   (B) GPA REQUIREMENTS. NOTWITHSTANDING PARAGRAPH C OF SUBDIVISION  FOUR
 OF  SECTION  SIX  HUNDRED SIXTY-ONE OF THIS PART, A SCHOOL SHALL CERTIFY
 THAT A RECIPIENT HAS  ACHIEVED  A  GRADE  POINT  AVERAGE  NECESSARY  FOR
 SUCCESSFUL  COMPLETION OF HIS OR HER COURSEWORK TO RECEIVE PAYMENT UNDER
 THE AWARD.
   2.  DURATION.  NO  UNDERGRADUATE  SHALL BE ELIGIBLE FOR MORE THAN FOUR
 ACADEMIC YEARS OF STUDY, OR FIVE ACADEMIC YEARS IF THE PROGRAM OF  STUDY
 NORMALLY  REQUIRES  FIVE  YEARS. AN UNDERGRADUATE STUDENT ENROLLED IN AN
 ELIGIBLE TWO-YEAR PROGRAM APPROVED BY THE COMMISSIONER SHALL BE ELIGIBLE
 FOR NO MORE THAN TWO ACADEMIC YEARS.  UNDER  NO  CIRCUMSTANCES  SHALL  A
 STUDENT  RECEIVE  AN  AWARD  FOR  A  TWO-YEAR  PROGRAM FOR MORE THAN TWO
 CONSECUTIVE YEARS OF ACADEMIC STUDY OR  FOUR  CONSECUTIVE  SEMESTERS  OF
 ACADEMIC  STUDY;  OR  AT A FOUR OR FIVE-YEAR PROGRAM, FOR MORE THAN FOUR
 CONSECUTIVE YEARS OR EIGHT CONSECUTIVE SEMESTERS OF  ACADEMIC  STUDY  OR
 FIVE  CONSECUTIVE  YEARS,  OR  TEN CONSECUTIVE SEMESTERS OF STUDY IF THE
 PROGRAM NORMALLY REQUIRES FIVE YEARS. NOTWITHSTANDING, SUCH DURATION MAY
 BE EXTENDED FOR AN ALLOWABLE INTERRUPTION OF STUDY  INCLUDING,  BUT  NOT
 LIMITED  TO,  DEATH OF A FAMILY MEMBER, MEDICAL LEAVE, MILITARY SERVICE,
 AND PARENTAL LEAVE, AS ESTABLISHED BY THE CORPORATION IN REGULATIONS.
   3. AMOUNT. WITHIN THE  AMOUNTS  APPROPRIATED  THEREFOR  AND  BASED  ON
 AVAILABILITY  OF  FUNDS,  AWARDS SHALL BE GRANTED BEGINNING WITH THE TWO
 THOUSAND NINETEEN--TWO THOUSAND TWENTY ACADEMIC YEAR AND  THEREAFTER  TO
 APPLICANTS  THAT  THE CORPORATION HAS DETERMINED ARE ELIGIBLE TO RECEIVE
 SUCH AWARDS. THE AMOUNT OF THE AWARD UNDER THIS PROGRAM SHALL BE A TOTAL
 SUM OF FIVE THOUSAND DOLLARS PER RECIPIENT.
   4. MATCHING AWARDS. COMMENCING WITH  THE  TWO  THOUSAND  EIGHTEEN--TWO
 THOUSAND  NINETEEN  ACADEMIC  YEAR  AND THEREAFTER, PARTICIPATING INSTI-
 TUTIONS SHALL CREDIT EACH RECIPIENT'S REMAINING TUITION EXPENSES  IN  AN
 AMOUNT  EQUAL  TO  THE RECIPIENT'S AWARD UNDER THIS SECTION. SUCH CREDIT
 SHALL BE APPLIED AFTER THE RECIPIENT HAS RECEIVED AN  INSTITUTIONAL  AID
 PACKAGE,  IF  ANY,  TO ENSURE THAT THIS PROGRAM DOES NOT REDUCE INSTITU-
 TIONAL AID THAT WOULD OTHERWISE BE GRANTED.
   5. RULES AND REGULATIONS. THE CORPORATION IS AUTHORIZED TO  PROMULGATE
 RULES  AND REGULATIONS, AND MAY PROMULGATE EMERGENCY REGULATIONS, NECES-
 SARY FOR THE IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION.
   § 2. Subdivision 3 of section  92-c  of  the  state  finance  law,  as
 amended  by  chapter  913  of  the  laws  of 1977, is amended to read as
 follows:
   3. The moneys in such fund shall be appropriated or  transferred  only
 (i)  for repayment of first instance expenditures incurred in the opera-
 tion of the state lottery, (ii) for the  state  fiscal  year  commencing
 April  first,  nineteen  hundred  seventy-six  only  for  the purpose of
 providing aid to pupils with special educational  needs  as  defined  in
 paragraph  e of subdivision one of section thirty-six hundred two of the
 education law, and pupils with handicapping conditions  receiving  state
 financial  support for programs delineated in paragraph f of subdivision
 one of section thirty-six hundred  two,  article  eighty-three,  article
 eighty-five,  article eighty-seven, article eighty-eight, article eight-
 y-nine, article forty and subdivision seventeen  of  section  thirty-six
 hundred two of the education law, and for any state fiscal year commenc-
 ing  after such nineteen hundred seventy-six fiscal year for the purpose
 of providing aid to all school children pursuant to  the  provisions  of
 subdivision  four  of  this  section, (iii) for elementary and secondary
 education, (iv) for expenditures for machines or other capital equipment
 which the division of the lottery is  authorized  to  purchase  for  the
 operation  of  the  lottery  [and],  (v) for payment in the state fiscal

 A. 8146--A                          3
 
 years commencing April first, nineteen hundred  seventy-seven,  nineteen
 hundred  seventy-eight and nineteen hundred seventy-nine into the winter
 sports education trust fund, as created in section four hundred  ninety-
 five-a  of  article ten-C of the education law, for the purposes of such
 fund in accordance with the  provisions  of  subdivision  five  of  this
 section[.  Payments],  PROVIDED THAT PAYMENTS into such trust fund shall
 discontinue at such time as the sum of one hundred million  dollars,  in
 the  aggregate, has been paid into such fund or upon March thirty-first,
 nineteen hundred eighty, whichever event occurs first, AND (VI) FOR  THE
 NEW  YORK  STATE  LEADERS OF TOMORROW SCHOLARSHIP ESTABLISHED BY SECTION
 SIX HUNDRED SIXTY-NINE-I OF THE  EDUCATION  LAW.  Nothing  herein  shall
 prohibit  the purchase of machines or other capital equipment from funds
 appropriated for expenditures under paragraph (i) hereof.
   § 3. This act shall take effect immediately.