S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5100
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 Introduced  by  M.  of  A.  MALLIOTAKIS -- read once and referred to the
   Committee on Higher Education
 
 AN ACT to amend the education law, in relation to TAP awards
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivisions 1 and 2 of section 667 of the education law,
 subdivision 1 as amended by chapter 622 of the laws of 2008 and subdivi-
 sion 2 as amended by chapter 400 of the laws of  2018,  are  amended  to
 read as follows:
   1.  Recipient  qualifications.  Tuition  assistance program awards are
 available for all students who are enrolled in approved programs and who
 demonstrate the ability to complete such  courses,  in  accordance  with
 standards  established  by  the  commissioner provided, however, that no
 award shall be made unless tuition (exclusive of educational fees)  and,
 if  applicable,  the  college  fee levied by the state university of New
 York pursuant to the April first, nineteen hundred sixty-four  financing
 agreements  with  the New York state dormitory authority charged for the
 program in which the student is enrolled  total  at  least  two  hundred
 dollars  a  year,  and  provided  further  that, no award can exceed one
 hundred percent of the  amount  of  tuition  charged.  NOTHING  IN  THIS
 SECTION,  SECTION  SIX  HUNDRED  SIXTY-ONE  OF  THIS  PART, OR ANY OTHER
 PROVISION OF THIS CHAPTER SHALL BE READ TO EXCLUDE ANY GRADUATE  PROGRAM
 FROM  CLASSIFICATION  BY THE COMMISSIONER AS AN APPROVED PROGRAM FOR THE
 PURPOSES OF THIS SECTION.
   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. Students enrolled in a program of remedial
 study, approved by the commissioner in an institution of  higher  educa-
 tion and intended to culminate in a degree in undergraduate study shall,
 for  purposes of this section, be considered as enrolled in a program of
 study normally requiring five years. An undergraduate  student  enrolled
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09521-01-9

 A. 5100                             2
 
 in  an  eligible  two year program of study approved by the commissioner
 shall be eligible for no more than three academic  years  of  study.  NO
 GRADUATE  STUDENT SHALL BE ELIGIBLE FOR MORE THAN FOUR ACADEMIC YEARS OF
 STUDY  PROVIDED, HOWEVER, THAT NO GRADUATE STUDENT SHALL BE ELIGIBLE FOR
 MORE THAN ONE DEGREE PROGRAM AT  THE  MASTER'S,  FIRST  PROFESSIONAL  OR
 DOCTORATE  LEVEL.  NO STUDENT SHALL BE ELIGIBLE FOR A TOTAL OF MORE THAN
 THE EQUIVALENT OF EIGHT YEARS OF  COMBINED  UNDERGRADUATE  AND  GRADUATE
 STUDY. An undergraduate student enrolled in an approved two or four-year
 program  of  study  approved  by  the  commissioner who must transfer to
 another institution as a result of permanent college  closure  shall  be
 eligible  for  two  additional semesters, or their equivalent, as deter-
 mined by the commissioner, in order to complete his or her program.  Any
 semester, quarter, or term of attendance during which a student receives
 any award under this article, after the effective  date  of  the  former
 scholar  incentive  program  and prior to academic year nineteen hundred
 eighty-nine--nineteen hundred ninety, shall be counted toward the  maxi-
 mum  term  of  eligibility  for  tuition  assistance under this section,
 except that any semester, quarter or term of attendance during  which  a
 student  received  an award pursuant to section six hundred sixty-six of
 this subpart shall be counted as one-half  of  a  semester,  quarter  or
 term,  as  the case may be, toward the maximum term of eligibility under
 this section. Any semester, quarter or term of attendance during which a
 student received an award pursuant to section six hundred  sixty-seven-a
 of  this  subpart shall not be counted toward the maximum term of eligi-
 bility under this section.
   § 2. Subitem (c) of item 1 of clause (A) of subparagraph (i) of  para-
 graph  (a)  of  subdivision  3  of  section 667 of the education law, as
 amended by section 1 of part U of chapter 56 of the  laws  of  2014,  is
 amended to read as follows:
   (c) For students first receiving aid in two thousand--two thousand one
 and  thereafter,  five thousand dollars, except starting in two thousand
 fourteen-two thousand fifteen and thereafter such students shall receive
 five thousand one hundred sixty-five dollars,  EXCEPT  STARTING  IN  TWO
 THOUSAND  NINETEEN--TWO  THOUSAND  TWENTY  AND  THEREAFTER SUCH STUDENTS
 SHALL RECEIVE FIVE  THOUSAND  SIX  HUNDRED  SIXTY-FIVE  DOLLARS,  EXCEPT
 STARTING  IN TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE AND THEREAFTER
 SUCH STUDENTS SHALL RECEIVE SIX  THOUSAND  SIXTY-EIGHT  DOLLARS,  EXCEPT
 STARTING  IN TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO AND THERE-
 AFTER SUCH STUDENTS SHALL RECEIVE  SIX  THOUSAND  FOUR  HUNDRED  SEVENTY
 DOLLARS; or
   §  3. Subitem (a) of item 2 of clause (A) of subparagraph (i) of para-
 graph a of subdivision 3 of section 667 of the education law, as amended
 by section 2 of part H of chapter 58 of the laws of 2011, is amended  to
 read as follows:
   (a)  For  students first receiving aid in nineteen hundred ninety-four
 --nineteen hundred ninety-five and nineteen  hundred  ninety-five--nine-
 teen  hundred  ninety-six  and  thereafter,  three thousand FIVE HUNDRED
 twenty-five dollars, or
   § 4. Subparagraph (ii) of paragraph a of subdivision 3 of section  667
 of  the  education  law  is amended by adding a new closing paragraph to
 read as follows:
   PROVIDED, HOWEVER, STARTING IN  TWO  THOUSAND  NINETEEN--TWO  THOUSAND
 TWENTY  AND  THEREAFTER  THE AMOUNT OF INCOME SHALL BE EIGHTEEN THOUSAND
 DOLLARS OR  MORE,  BUT  NO  MORE  THAN  ONE  HUNDRED  THOUSAND  DOLLARS.
 PROVIDED,  HOWEVER,  STARTING IN TWO THOUSAND TWENTY--TWO THOUSAND TWEN-
 TY-ONE AND THEREAFTER THE AMOUNT OF INCOME SHALL  BE  EIGHTEEN  THOUSAND

 A. 5100                             3
 
 DOLLARS  OR  MORE,  BUT  NO  MORE THAN ONE HUNDRED TEN THOUSAND DOLLARS.
 PROVIDED, HOWEVER, STARTING IN  TWO  THOUSAND  TWENTY-ONE--TWO  THOUSAND
 TWENTY-TWO  AND  THEREAFTER THE AMOUNT OF INCOME SHALL BE EIGHTEEN THOU-
 SAND  DOLLARS OR MORE, BUT NO MORE THAN ONE HUNDRED TWENTY-FIVE THOUSAND
 DOLLARS.
   § 4-a. Subparagraph (vi) of paragraph a of subdivision  3  of  section
 667  of  the education law, as amended by section 1 of part B of chapter
 60 of the laws of 2000, is amended to read as follows:
   (vi) For the two thousand two--two thousand three  academic  year  and
 thereafter,  the award shall be the net amount of the base amount deter-
 mined pursuant to subparagraph (i) of this paragraph reduced pursuant to
 subparagraph (ii) or (iii) of this paragraph but the award shall not  be
 reduced below [five hundred] ONE THOUSAND dollars.
   § 5. Subparagraph (iii) of paragraph a of subdivision 3 of section 667
 of  the  education  law  is amended by adding a new closing paragraph to
 read as follows:
   PROVIDED, HOWEVER, STARTING IN  TWO  THOUSAND  NINETEEN--TWO  THOUSAND
 TWENTY  AND  THEREAFTER  THE AMOUNT OF INCOME SHALL BE EIGHTEEN THOUSAND
 DOLLARS OR  MORE,  BUT  NO  MORE  THAN  ONE  HUNDRED  THOUSAND  DOLLARS.
 PROVIDED,  HOWEVER,  STARTING IN TWO THOUSAND TWENTY--TWO THOUSAND TWEN-
 TY-ONE AND THEREAFTER THE AMOUNT OF INCOME SHALL  BE  EIGHTEEN  THOUSAND
 DOLLARS  OR  MORE,  BUT  NO  MORE THAN ONE HUNDRED TEN THOUSAND DOLLARS.
 PROVIDED, HOWEVER, STARTING IN  TWO  THOUSAND  TWENTY-ONE--TWO  THOUSAND
 TWENTY-TWO  AND  THEREAFTER THE AMOUNT OF INCOME SHALL BE EIGHTEEN THOU-
 SAND DOLLARS OR MORE, BUT NO MORE THAN ONE HUNDRED TWENTY-FIVE  THOUSAND
 DOLLARS.
   §  6. Item 1 of clause (A) of paragraph (i) of paragraph b of subdivi-
 sion 3 of section 667 of the education law, as amended by chapter 309 of
 the laws of 1996, is amended to read as follows:
   (1) [eight hundred] ONE THOUSAND THREE HUNDRED dollars, or
   § 7. Paragraph c of subdivision 3 of section 667 of the education law,
 as relettered by section 2 of part J of chapter 58 of the laws of  2011,
 is  relettered  paragraph  d  and  new  paragraph  c is added to read as
 follows:
   C. AMOUNT. THE PRESIDENT SHALL MAKE AWARDS TO GRADUATE STUDENTS IN THE
 FOLLOWING AMOUNTS:
   (I) FOR EACH YEAR OF GRADUATE STUDY, ASSISTANCE SHALL BE  PROVIDED  AS
 COMPUTED  ON  THE BASIS OF THE AMOUNT WHICH IS THE LESSER OF THE FOLLOW-
 ING: (A) FIVE HUNDRED FIFTY DOLLARS; OR (B) NINETY PERCENT OF THE AMOUNT
 OF TUITION (EXCLUSIVE OF EDUCATION FEES) CHARGED,
   (II) EXCEPT FOR STUDENTS AS NOTED IN SUBPARAGRAPH (III) OF THIS  PARA-
 GRAPH,  THE  BASE AMOUNT AS DETERMINED IN SUBPARAGRAPH (I) OF THIS PARA-
 GRAPH, SHALL BE REDUCED IN RELATION TO INCOME AS FOLLOWS:
 
 AMOUNT OF INCOME                    SCHEDULE OF REDUCTION OF
                                     BASE AMOUNT
 (A) LESS THAN TWO THOUSAND DOLLARS  NONE
 (B) TWO THOUSAND DOLLARS OR MORE    SEVEN AND SEVEN-TENTHS PER
     BUT NOT MORE THAN TWENTY        CENTUM OF THE EXCESS OVER
     THOUSAND DOLLARS                TWO THOUSAND DOLLARS
 
   (III) FOR STUDENTS WHO HAVE BEEN GRANTED EXCLUSION OF PARENTAL  INCOME
 AND  WERE  SINGLE  WITH NO DEPENDENTS FOR INCOME TAX PURPOSES DURING THE
 TAX YEAR NEXT PRECEDING THE ACADEMIC YEAR FOR WHICH APPLICATION IS MADE,
 THE BASE AMOUNT AS DETERMINED IN SUBPARAGRAPH  (I)  OF  THIS  PARAGRAPH,
 SHALL BE REDUCED IN RELATION TO INCOME AS FOLLOWS:

 A. 5100                             4

 AMOUNT OF INCOME                    SCHEDULE OF REDUCTION OF BASE
                                     AMOUNT
 (A) LESS THAN ONE THOUSAND          NONE
     DOLLARS
 (B) ONE THOUSAND DOLLARS OR         TWENTY-SIX PER CENTUM OF THE
     MORE, BUT NOT MORE THAN         EXCESS OVER ONE THOUSAND DOLLARS
     FIVE THOUSAND SIX
     HUNDRED SIXTY-SIX DOLLARS
 
   (IV)  IF  THE  AMOUNT  OF REDUCTION IS NOT A WHOLE DOLLAR, IT SHALL BE
 REDUCED TO THE NEXT LOWEST WHOLE DOLLAR.
   (V) THE AWARD SHALL BE THE NET AMOUNT OF THE  BASE  AMOUNT  DETERMINED
 PURSUANT  TO  SUBPARAGRAPH (II) OR (III) OF THIS PARAGRAPH BUT THE AWARD
 SHALL NOT BE REDUCED BELOW SEVENTY-FIVE DOLLARS. IF THE  INCOME  EXCEEDS
 THE  MAXIMUM AMOUNT OF INCOME ALLOWABLE UNDER SUBPARAGRAPH (II) OR (III)
 OF THIS PARAGRAPH, NO AWARD SHALL BE MADE.
   § 8. Paragraph a, the opening paragraph of subparagraph 1 of paragraph
 b and paragraph d of subdivision 3 of section 663 of the education  law,
 paragraph  a  as amended by section 4, the opening paragraph of subpara-
 graph 1 of paragraph b as amended  by  section  5  and  paragraph  d  as
 amended  by  section  6 of part J of chapter 58 of the laws of 2011, are
 amended to read as follows:
   a. In determining the amount of an award for GRADUATE AND  UNDERGRADU-
 ATE students, the income of the parents shall be excluded if the student
 has been emancipated from his parents.
   The applicant is a student who was married on or before December thir-
 ty-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 OR IS A GRADUATE STUDENT
 and who, during the calendar year next preceding the  semester,  quarter
 or  term  of  attendance  for which application is made and at all times
 subsequent thereto up to and  including  the  entire  period  for  which
 application is made:
   d.  Any  GRADUATE  OR undergraduate student who was allowed to exclude
 parental income pursuant to the provisions of FORMER  subdivision  three
 of  section  six  hundred three of this chapter as they existed prior to
 July first, nineteen hundred seventy-four may continue to  exclude  such
 income for so long as he continues to comply with such provisions.
   § 9. This act shall take effect immediately.