S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2821
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2019
                                ___________
 
 Introduced  by M. of A. KOLB, BRABENEC, GIGLIO -- 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.
              

                                                            LBD04209-01-9

 A. 2821                             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

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 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

 A. 2821                             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.
   § 4. Subparagraph 4 of paragraph h of subdivision 2 of section 355  of
 the  education  law  is  amended by adding a new clause (vii) to read as
 follows:
   (VII) COMMENCING WITH THE TWO THOUSAND NINETEEN--TWO  THOUSAND  TWENTY
 ACADEMIC  YEAR AND ENDING IN THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND
 TWENTY-FOUR 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  EDUCA-
 TION  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.
   §  5.  Paragraph (a) of subdivision 7 of section 6206 of the education
 law is amended by adding a new subparagraph (vi) to read as follows:
   (VI) COMMENCING WITH THE TWO THOUSAND  NINETEEN--TWO  THOUSAND  TWENTY
 ACADEMIC  YEAR AND ENDING IN THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND
 TWENTY-FOUR 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.