STATE OF NEW YORK
________________________________________________________________________
5100
2019-2020 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. Subdivisions 1 and 2 of section 667 of the education law,
2 subdivision 1 as amended by chapter 622 of the laws of 2008 and subdivi-
3 sion 2 as amended by chapter 400 of the laws of 2018, are amended to
4 read as follows:
5 1. Recipient qualifications. Tuition assistance program awards are
6 available for all students who are enrolled in approved programs and who
7 demonstrate the ability to complete such courses, in accordance with
8 standards established by the commissioner provided, however, that no
9 award shall be made unless tuition (exclusive of educational fees) and,
10 if applicable, the college fee levied by the state university of New
11 York pursuant to the April first, nineteen hundred sixty-four financing
12 agreements with the New York state dormitory authority charged for the
13 program in which the student is enrolled total at least two hundred
14 dollars a year, and provided further that, no award can exceed one
15 hundred percent of the amount of tuition charged. Nothing in this
16 section, section six hundred sixty-one of this part, or any other
17 provision of this chapter shall be read to exclude any graduate program
18 from classification by the commissioner as an approved program for the
19 purposes of this section.
20 2. Duration. No undergraduate shall be eligible for more than four
21 academic years of study, or five academic years if the program of study
22 normally requires five years. Students enrolled in a program of remedial
23 study, approved by the commissioner in an institution of higher educa-
24 tion and intended to culminate in a degree in undergraduate study shall,
25 for purposes of this section, be considered as enrolled in a program of
26 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
1 in an eligible two year program of study approved by the commissioner
2 shall be eligible for no more than three academic years of study. No
3 graduate student shall be eligible for more than four academic years of
4 study provided, however, that no graduate student shall be eligible for
5 more than one degree program at the master's, first professional or
6 doctorate level. No student shall be eligible for a total of more than
7 the equivalent of eight years of combined undergraduate and graduate
8 study. An undergraduate student enrolled in an approved two or four-year
9 program of study approved by the commissioner who must transfer to
10 another institution as a result of permanent college closure shall be
11 eligible for two additional semesters, or their equivalent, as deter-
12 mined by the commissioner, in order to complete his or her program. Any
13 semester, quarter, or term of attendance during which a student receives
14 any award under this article, after the effective date of the former
15 scholar incentive program and prior to academic year nineteen hundred
16 eighty-nine--nineteen hundred ninety, shall be counted toward the maxi-
17 mum term of eligibility for tuition assistance under this section,
18 except that any semester, quarter or term of attendance during which a
19 student received an award pursuant to section six hundred sixty-six of
20 this subpart shall be counted as one-half of a semester, quarter or
21 term, as the case may be, toward the maximum term of eligibility under
22 this section. Any semester, quarter or term of attendance during which a
23 student received an award pursuant to section six hundred sixty-seven-a
24 of this subpart shall not be counted toward the maximum term of eligi-
25 bility under this section.
26 § 2. Subitem (c) of item 1 of clause (A) of subparagraph (i) of para-
27 graph (a) of subdivision 3 of section 667 of the education law, as
28 amended by section 1 of part U of chapter 56 of the laws of 2014, is
29 amended to read as follows:
30 (c) For students first receiving aid in two thousand--two thousand one
31 and thereafter, five thousand dollars, except starting in two thousand
32 fourteen-two thousand fifteen and thereafter such students shall receive
33 five thousand one hundred sixty-five dollars, except starting in two
34 thousand nineteen--two thousand twenty and thereafter such students
35 shall receive five thousand six hundred sixty-five dollars, except
36 starting in two thousand twenty--two thousand twenty-one and thereafter
37 such students shall receive six thousand sixty-eight dollars, except
38 starting in two thousand twenty-one--two thousand twenty-two and there-
39 after such students shall receive six thousand four hundred seventy
40 dollars; or
41 § 3. Subitem (a) of item 2 of clause (A) of subparagraph (i) of para-
42 graph a of subdivision 3 of section 667 of the education law, as amended
43 by section 2 of part H of chapter 58 of the laws of 2011, is amended to
44 read as follows:
45 (a) For students first receiving aid in nineteen hundred ninety-four
46 --nineteen hundred ninety-five and nineteen hundred ninety-five--nine-
47 teen hundred ninety-six and thereafter, three thousand five hundred
48 twenty-five dollars, or
49 § 4. Subparagraph (ii) of paragraph a of subdivision 3 of section 667
50 of the education law is amended by adding a new closing paragraph to
51 read as follows:
52 Provided, however, starting in two thousand nineteen--two thousand
53 twenty and thereafter the amount of income shall be eighteen thousand
54 dollars or more, but no more than one hundred thousand dollars.
55 Provided, however, starting in two thousand twenty--two thousand twen-
56 ty-one and thereafter the amount of income shall be eighteen thousand
A. 5100 3
1 dollars or more, but no more than one hundred ten thousand dollars.
2 Provided, however, starting in two thousand twenty-one--two thousand
3 twenty-two and thereafter the amount of income shall be eighteen thou-
4 sand dollars or more, but no more than one hundred twenty-five thousand
5 dollars.
6 § 4-a. Subparagraph (vi) of paragraph a of subdivision 3 of section
7 667 of the education law, as amended by section 1 of part B of chapter
8 60 of the laws of 2000, is amended to read as follows:
9 (vi) For the two thousand two--two thousand three academic year and
10 thereafter, the award shall be the net amount of the base amount deter-
11 mined pursuant to subparagraph (i) of this paragraph reduced pursuant to
12 subparagraph (ii) or (iii) of this paragraph but the award shall not be
13 reduced below [five hundred] one thousand dollars.
14 § 5. Subparagraph (iii) of paragraph a of subdivision 3 of section 667
15 of the education law is amended by adding a new closing paragraph to
16 read as follows:
17 Provided, however, starting in two thousand nineteen--two thousand
18 twenty and thereafter the amount of income shall be eighteen thousand
19 dollars or more, but no more than one hundred thousand dollars.
20 Provided, however, starting in two thousand twenty--two thousand twen-
21 ty-one and thereafter the amount of income shall be eighteen thousand
22 dollars or more, but no more than one hundred ten thousand dollars.
23 Provided, however, starting in two thousand twenty-one--two thousand
24 twenty-two and thereafter the amount of income shall be eighteen thou-
25 sand dollars or more, but no more than one hundred twenty-five thousand
26 dollars.
27 § 6. Item 1 of clause (A) of paragraph (i) of paragraph b of subdivi-
28 sion 3 of section 667 of the education law, as amended by chapter 309 of
29 the laws of 1996, is amended to read as follows:
30 (1) [eight hundred] one thousand three hundred dollars, or
31 § 7. Paragraph c of subdivision 3 of section 667 of the education law,
32 as relettered by section 2 of part J of chapter 58 of the laws of 2011,
33 is relettered paragraph d and new paragraph c is added to read as
34 follows:
35 c. Amount. The president shall make awards to graduate students in the
36 following amounts:
37 (i) for each year of graduate study, assistance shall be provided as
38 computed on the basis of the amount which is the lesser of the follow-
39 ing: (A) five hundred fifty dollars; or (B) ninety percent of the amount
40 of tuition (exclusive of education fees) charged,
41 (ii) except for students as noted in subparagraph (iii) of this para-
42 graph, the base amount as determined in subparagraph (i) of this para-
43 graph, shall be reduced in relation to income as follows:
44 Amount of incomeSchedule of reduction of
45 base amount
46 (A) Less than two thousand dollarsNone
47 (B) Two thousand dollars or moreSeven and seven-tenths per
48 but not more than twentycentum of the excess over
49 thousand dollarstwo thousand dollars
50 (iii) For students who have been granted exclusion of parental income
51 and were single with no dependents for income tax purposes during the
52 tax year next preceding the academic year for which application is made,
53 the base amount as determined in subparagraph (i) of this paragraph,
54 shall be reduced in relation to income as follows:
A. 5100 4
1 Amount of incomeSchedule of reduction of base
2 amount
3 (A) Less than one thousandNone
4 dollars
5 (B) One thousand dollars orTwenty-six per centum of the
6 more, but not more thanexcess over one thousand dollars
7 five thousand six
8 hundred sixty-six dollars
9 (iv) If the amount of reduction is not a whole dollar, it shall be
10 reduced to the next lowest whole dollar.
11 (v) The award shall be the net amount of the base amount determined
12 pursuant to subparagraph (ii) or (iii) of this paragraph but the award
13 shall not be reduced below seventy-five dollars. If the income exceeds
14 the maximum amount of income allowable under subparagraph (ii) or (iii)
15 of this paragraph, no award shall be made.
16 § 8. Paragraph a, the opening paragraph of subparagraph 1 of paragraph
17 b and paragraph d of subdivision 3 of section 663 of the education law,
18 paragraph a as amended by section 4, the opening paragraph of subpara-
19 graph 1 of paragraph b as amended by section 5 and paragraph d as
20 amended by section 6 of part J of chapter 58 of the laws of 2011, are
21 amended to read as follows:
22 a. In determining the amount of an award for graduate and undergradu-
23 ate students, the income of the parents shall be excluded if the student
24 has been emancipated from his parents.
25 The applicant is a student who was married on or before December thir-
26 ty-first of the calendar year prior to the beginning of the academic
27 year for which application is made or is an undergraduate student who
28 has reached the age of twenty-two on or before June thirtieth prior to
29 the academic year for which application is made or is a graduate student
30 and who, during the calendar year next preceding the semester, quarter
31 or term of attendance for which application is made and at all times
32 subsequent thereto up to and including the entire period for which
33 application is made:
34 d. Any graduate or undergraduate student who was allowed to exclude
35 parental income pursuant to the provisions of former subdivision three
36 of section six hundred three of this chapter as they existed prior to
37 July first, nineteen hundred seventy-four may continue to exclude such
38 income for so long as he continues to comply with such provisions.
39 § 9. This act shall take effect immediately.
