S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8105
 
                             I N  S E N A T E
 
                              January 8, 2024
                                ___________
 
 Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Higher Education
 
 AN ACT to amend the education law, in relation to reflecting a change in
   circumstance when making adjustments to income
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision  5  of  section  663 of the education law, as
 amended by section 3 of part J of chapter 58 of the  laws  of  2011,  is
 amended to read as follows:
   5.  Adjustments  of  income.  A.  In  the  determination of income for
 purposes of paragraphs a and b  of  subdivision  three  of  section  six
 hundred  sixty-seven  of this part if, during the academic year in which
 the applicant will receive an award, one of either the  parents  of  the
 applicant  or  other  dependent child of such parents, the spouse of the
 applicant, or one or more dependent children of the applicant, in  addi-
 tion  to  the  applicant, will be in full-time attendance in an approved
 program, the combined net taxable income  determined  under  subdivision
 one  of  this  section shall be reduced by three thousand dollars and an
 additional two thousand dollars for each other such person additional to
 the aforesaid persons (including the applicant)  who  will  be  in  such
 attendance,  and  the  resulting  amount  shall be deemed the applicable
 income in determining the applicant's award for the academic year.
   B. WHEN MAKING ADJUSTMENTS TO INCOME TO REFLECT A  CHANGE  IN  CIRCUM-
 STANCE,  THE  CORPORATION  SHALL,  PURSUANT  TO  RULES  AND REGULATIONS,
 INCLUDE THE FOLLOWING CAUSES FOR CHANGE IN STATUS OF THE APPLICANT:  (1)
 LOSS  OF  EMPLOYMENT  OF  THE  APPLICANT OR PARENT OF THE APPLICANT; (2)
 CATASTROPHIC ILLNESS OF THE APPLICANT;  OR  (3)  THE  APPLICANT  OR  THE
 SPOUSE OF THE APPLICANT IS CALLED TO ACTIVE MILITARY DUTY.
   §  2.  Subdivision 1 of section 669-h of the education law, as amended
 by section 1 of part T of chapter 56 of the laws of 2018, is amended  to
 read as follows:
   1.  Eligibility.  An  excelsior  scholarship award shall be made to an
 applicant who: (a) is matriculated in an approved program leading to  an
 undergraduate  degree  at  a New York state public institution of higher
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03218-01-3
 S. 8105                             2
 
 education; (b) if enrolled in (i) a public institution of higher  educa-
 tion  prior to application, has completed at least thirty combined cred-
 its per year following the student's  start  date,  or  its  equivalent,
 applicable  to his or her program or programs of study or (ii) an insti-
 tution of higher education prior to application, has completed at  least
 thirty  combined credits per year following the student's start date, or
 its equivalent, applicable to his or her program or  programs  of  study
 and  which were accepted upon transfer to a public institution of higher
 education; (c) enrolls in at  least  twelve  credits  per  semester  and
 completes  at  least  thirty  combined  credits  per  year following the
 student's start date, or  its  equivalent,  applicable  to  his  or  her
 program  or  programs  of  study  except  in  limited  circumstances  as
 prescribed by the corporation in regulation.   Notwithstanding,  in  the
 student's last semester, the student may take at least one course needed
 to meet his or her graduation requirements and enroll in and complete at
 least twelve credit hours or its equivalent.  For students who are disa-
 bled  as  defined by the Americans With Disabilities Act of 1990, 42 USC
 12101, the corporation shall prescribe rules and regulations that  allow
 applicants who are disabled to be eligible for an award pursuant to this
 section based on modified criteria; (d) has an adjusted gross income for
 the  qualifying  year,  as  such  terms are defined in this subdivision,
 equal to or less than: (i) one hundred thousand dollars  for  recipients
 receiving  an award in the two thousand seventeen--two thousand eighteen
 academic year; (ii) one hundred  ten  thousand  dollars  for  recipients
 receiving  an  award in the two thousand eighteen--two thousand nineteen
 academic year; and (iii) one hundred twenty-five  thousand  dollars  for
 recipients receiving an award in the two thousand nineteen--two thousand
 twenty  academic year and thereafter; and (e) complies with the applica-
 ble provisions of this article and all requirements promulgated  by  the
 corporation for the administration of the program. Adjusted gross income
 shall  be  the total of the combined adjusted gross income of the appli-
 cant and the applicant's parents or the applicant  and  the  applicant's
 spouse,  if  married. Qualifying year shall be the adjusted gross income
 as reported on the federal income tax return, or as  otherwise  obtained
 by  the  corporation, for the calendar year coinciding with the tax year
 established by the U.S. department of education  to  qualify  applicants
 for federal student financial aid programs authorized by Title IV of the
 Higher Education Act of nineteen hundred sixty-five, as amended, for the
 school  year  in  which  application  for  assistance is made. Provided,
 however, if an applicant demonstrates to the corporation that there  has
 been  a  change in such applicant's adjusted gross income in the year(s)
 subsequent to the qualifying year which would qualify such applicant for
 an award, the corporation shall review and make a  determination  as  to
 whether  such applicant meets the requirement set forth in paragraph (d)
 of this subdivision based on such  year.  Provided,  further  that  such
 change  was  caused by the death, LOSS OF EMPLOYMENT OF THE APPLICANT OR
 THE APPLICANT'S PARENT, permanent and total physical or mental disabili-
 ty, divorce, or separation by judicial decree or pursuant to  an  agree-
 ment of separation which is filed with a court of competent jurisdiction
 of any person whose income was required to be used to compute the appli-
 cant's total adjusted gross income.
   § 3. This act shall take effect immediately.