S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5078
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 Introduced  by  M. of A. RAIA, RA, BLANKENBUSH, CROUCH, D'URSO, GOODELL,
   MORINELLO, B. MILLER, LAWRENCE, GARBARINO, WALSH -- Multi-Sponsored by
   -- M. of A.  THIELE -- 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 T of chapter 56  of  the  laws  of  2018,  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  unless  exclusively  for non-tuition expenses, 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 thou-
 sand five hundred dollars.  THE AWARD UNDER THIS PROGRAM  SHALL  NOT  BE
 REDUCED  DUE  TO  THE ACCEPTANCE OF A SCHOLARSHIP FROM A PRIVATE PERSON,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07967-01-9

 A. 5078                             2
 
 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 thou-
 sand two hundred six of this chapter, and any other law, rule  or  regu-
 lation  to the contrary, the undergraduate tuition charged by the insti-
 tution to recipients of an award  shall  not  exceed  the  tuition  rate
 established  by  the institution for the two thousand sixteen--two thou-
 sand 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 institution to
 recipients of an award shall be reset to equal the tuition  rate  estab-
 lished  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.