S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9497
 
                           I N  A S S E M B L Y
 
                              March 14, 2024
                                ___________
 
 Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
   tee on Higher Education
 
 AN ACT to amend the education law, in relation to authorizing the  board
   of  trustees of the state university of New York to offer certain non-
   resident undergraduate students separate tuition rates for  attendance
   at  selected state-operated institutions; and providing for the repeal
   of such provisions upon the expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph h of subdivision 2 of section 355 of the educa-
 tion law is amended by adding a new subparagraph 4-c to read as follows:
   (4-C) COMMENCING WITH THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWEN-
 TY-FIVE ACADEMIC YEAR AND ENDING IN THE TWO  THOUSAND  TWENTY-EIGHT--TWO
 THOUSAND  TWENTY-NINE  ACADEMIC YEAR, THE BOARD OF TRUSTEES OF THE STATE
 UNIVERSITY IS AUTHORIZED TO  DESIGNATE  SELECTED  STATE-OPERATED  INSTI-
 TUTIONS  OF THE STATE UNIVERSITY FOR PARTICIPATION IN A PROGRAM ALLOWING
 ELIGIBLE NON-RESIDENT UNDERGRADUATE STUDENTS  TO  PAY  SEPARATE  TUITION
 RATES FOR ATTENDANCE AT THOSE SELECTED INSTITUTIONS. IN SELECTING INSTI-
 TUTIONS  FOR THIS PROGRAM, SUCH BOARD OF TRUSTEES SHALL CONSIDER OUT-OF-
 STATE COMPETITION, CURRENT OR PROJECTED LEVELS OF HIGH SCHOOL  GRADUATES
 WITHIN  AN INSTITUTION'S RECRUITMENT REGION, AND ENROLLMENT CAPACITY AND
 PHYSICAL LOCATION OF THESE INSTITUTIONS. THE BOARD OF  TRUSTEES  OF  THE
 STATE  UNIVERSITY  IS  FURTHER  AUTHORIZED  TO SET SUCH SEPARATE TUITION
 RATES, WHICH SHALL NOT BE SET BELOW AN AMOUNT EQUAL TO ONE AND  ONE-HALF
 TIMES  THE  IN-STATE  TUITION  RATE  AT THE DESIGNATED INSTITUTION. SUCH
 SEPARATE TUITION RATES MAY BE  OFFERED  ONLY  TO  ELIGIBLE  NON-RESIDENT
 STUDENTS,  THE TOTAL OF WHICH SHALL NOT EXCEED TEN PERCENT OF ENROLLMENT
 AT EACH DESIGNATED INSTITUTION. RESIDENTS FROM THE STATES  OF  CONNECTI-
 CUT,  MASSACHUSETTS, NEW JERSEY, OHIO, PENNSYLVANIA AND VERMONT, AND THE
 CANADIAN PROVINCES OF ONTARIO AND QUEBEC MAY BE  ELIGIBLE  FOR  SEPARATE
 TUITION RATES AT THE DESIGNATED STATE-OPERATED INSTITUTIONS. EACH STATE-
 OPERATED  INSTITUTION THAT IS SELECTED FOR PARTICIPATION IN THIS PROGRAM
 SHALL REPORT ANNUALLY TO THE BOARD OF TRUSTEES OF THE  STATE  UNIVERSITY
 ON THE IMPACT OF THIS PROGRAM.
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed August 31, 2029.
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06398-01-3