STATE OF NEW YORK
________________________________________________________________________
5881
2017-2018 Regular Sessions
IN ASSEMBLY
February 16, 2017
___________
Introduced by M. of A. LUPINACCI -- read once and referred to the
Committee on Higher Education
AN ACT to amend the education law, in relation to tuition assistance
program awards
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph a of subdivision 3 of section 667 of the educa-
2 tion law, as amended by section 1 of part B of chapter 60 of the laws of
3 2000, item 1 of clause (A) of subparagraph (i) as amended by section 1
4 of part H of chapter 58 of the laws of 2011, the opening paragraph of
5 item 1 of clause (A) of subparagraph (i) as amended by section 2 of part
6 X of chapter 56 of the laws of 2014, subitem (a) of item 1 of clause (A)
7 of subparagraph (i) as amended by section 2 of part U of chapter 56 of
8 the laws of 2014, subitem (b) of item 1 of clause (A) of subparagraph
9 (i) as amended by section 3 of part U of chapter 56 of the laws of 2014,
10 subitem (c) of item 1 of clause (A) of subparagraph (i) as amended by
11 section 1 of part U of chapter 56 of the laws of 2014, subitem (d) of
12 item 1 of clause (A) of subparagraph (i) as added by section 1 of part E
13 of chapter 58 of the laws of 2011, item 2 of clause (A) of subparagraph
14 (i) as amended by section 2 of part H of chapter 58 of the laws of 2011
15 and subparagraph (iii) as amended by section 3 of part H of chapter 58
16 of the laws of 2011, is amended to read as follows:
17 a. Amount. The president shall make awards to students enrolled in
18 degree-granting institutions or registered not-for-profit business
19 schools qualified for tax exemption under § 501(c)(3) of the internal
20 revenue code for federal income tax purposes in the following amounts:
21 (i) For each year of undergraduate study, assistance shall be provided
22 as computed on the basis of the amount which is the lesser of the
23 following:
24 (A) (1) In the case of students who have not been granted an exclusion
25 of parental income, who have qualified as an orphan, foster child, or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02997-01-7
A. 5881 2
1 ward of the court for the purposes of federal student financial aid
2 programs authorized by Title IV of the Higher Education Act of 1965, as
3 amended, or had a dependent for income tax purposes during the tax year
4 next preceding the academic year for which application is made, except
5 for those students who have been granted exclusion of parental income
6 who have a spouse but no other dependent:
7 (a) For students first receiving aid after nineteen hundred ninety-
8 three--nineteen hundred ninety-four and before two thousand--two thou-
9 sand one, four thousand two hundred ninety dollars; or
10 (b) For students first receiving aid in nineteen hundred ninety-three-
11 -nineteen hundred ninety-four or earlier, three thousand seven hundred
12 forty dollars; or
13 (c) For students first receiving aid in two thousand--two thousand one
14 and thereafter, five thousand dollars, except starting in two thousand
15 fourteen-two thousand fifteen and thereafter such students shall receive
16 five thousand one hundred sixty-five dollars; or
17 (d) For students first receiving aid in two thousand seventeen--two
18 thousand eighteen and thereafter, six thousand four hundred seventy
19 dollars; or
20 (e) For undergraduate students enrolled in a program of study at a
21 non-public degree-granting institution that does not offer a program of
22 study that leads to a baccalaureate degree, or at a registered not-for-
23 profit business school qualified for tax exemption under section
24 501(c)(3) of the internal revenue code for federal income tax purposes
25 that does not offer a program of study that leads to a baccalaureate
26 degree, four thousand dollars. Provided, however, that this subitem
27 shall not apply to students enrolled in a program of study leading to a
28 certificate or degree in nursing.
29 (2) In the case of students receiving awards pursuant to subparagraph
30 (iii) of this paragraph and those students who have been granted exclu-
31 sion of parental income who have a spouse but no other dependent.
32 (a) For students receiving aid in two thousand seventeen--two thousand
33 eighteen and thereafter, six thousand four hundred seventy dollars, or
34 (b) For students first receiving aid in nineteen hundred ninety-four
35 --nineteen hundred ninety-five and nineteen hundred ninety-five--nine-
36 teen hundred ninety-six and thereafter, three thousand twenty-five
37 dollars, or
38 [(b)] (c) For students first receiving aid in nineteen hundred nine-
39 ty-two--nineteen hundred ninety-three and nineteen hundred ninety-three-
40 -nineteen hundred ninety-four, two thousand five hundred seventy-five
41 dollars, or
42 [(c)] (d) For students first receiving aid in nineteen hundred nine-
43 ty-one--nineteen hundred ninety-two or earlier, two thousand four
44 hundred fifty dollars; or
45 (B) (1) Ninety-five percent of the amount of tuition (exclusive of
46 educational fees) charged and, if applicable, the college fee levied by
47 the state university of New York pursuant to the April first, nineteen
48 hundred sixty-four financing agreement with the New York state dormitory
49 authority.
50 (2) For the two thousand one--two thousand two academic year and ther-
51 eafter one hundred percent of the amount of tuition (exclusive of educa-
52 tional fees) charged and, if applicable, the college fee levied by the
53 state university of New York pursuant to the April first, nineteen
54 hundred sixty-four financing agreement with the New York state dormitory
55 authority.
A. 5881 3
1 (ii) Except for students as noted in subparagraph (iii) of this para-
2 graph, the base amount as determined from subparagraph (i) of this para-
3 graph, shall be reduced in relation to income as follows:
4 Amount of income Schedule of reduction
5 of base amount
6 (A) Less than [seven] eight None
7 thousand seven hundred
8 fifty dollars
9 (B) [Seven] Eight thousand Seven per centum of excess
10 seven hundred fifty over [seven] eight
11 dollars or more, but less than thousand seven hundred
12 [eleven] thirteen thousand fifty dollars
13 seven hundred fifty dollars
14 (C) [Eleven] Thirteen thousand [Two] Three
15 seven hundred fifty hundred [eighty] fifty
16 dollars or more, but less than dollars plus ten per centum of excess
17 [eighteen] twenty-two over [eleven] thirteen
18 thousand five hundred thousand seven hundred
19 dollars fifty dollars
20 (D) [Eighteen] Twenty-two [Nine] One thousand
21 thousand five hundredtwo hundred
22 dollars or more, but not more [eighty] twenty-five dollars
23 than [eighty] one plus twelve per centum of
24 hundred thousand dollars excess over [eighteen]
25 twenty-two thousand
26 five hundred dollars;
27 provided that dependent students whose parental income exceeds eighty
28 thousand dollars but not more than one hundred thousand dollars, or
29 students with a dependent and income in excess of eighty thousand
30 dollars, but not more than one hundred thousand dollars, shall only be
31 eligible for awards if he or she first receives an award beginning with
32 the two thousand seventeen--two thousand eighteen academic year.
33 (iii) (A) For students who have been granted exclusion of parental
34 income and were single with no dependent for income tax purposes during
35 the tax year next preceding the academic year for which application is
36 made, the base amount, as determined in subparagraph (i) of this para-
37 graph, shall be reduced in relation to income as follows:
38 Amount of income Schedule of reduction
39 of base amount
40 (1) Less than [three] ten thousand None
41 five hundred dollars
42 (2) [Three] Ten thousand Thirty-one per centum of
43 five hundred dollars or more, amount in excess of
44 but not more than [ten] [three] ten thousand
45 thirty-five thousand dollars five hundred
46 dollars;
47 provided that students with incomes in excess of ten thousand dollars
48 but not more than thirty-five thousand dollars, shall only be eligible
A. 5881 4
1 for awards if he or she first receives an award beginning with the two
2 thousand seventeen--two thousand eighteen academic year.
3 (B) For those students who have been granted exclusion of parental
4 income who have a spouse but no other dependent, for income tax purposes
5 during the tax year next preceding the academic year for which applica-
6 tion is made, the base amount, as determined in subparagraph (i) of this
7 paragraph, shall be reduced in relation to income as follows:
8 Amount of income Schedule of reduction
9 of base amount
10 (1) Less than [seven] eight None
11 thousand seven hundred fifty
12 dollars
13 (2) [Seven] Eight thousand Seven per centum of excess
14 seven hundred fifty over [seven]
15 dollars or more, but less than eight thousand
16 [eleven] thirteenseven hundred fifty
17 thousand seven hundred dollars
18 fifty dollars
19 (3) [Eleven] Thirteen [Two] Three
20 thousand seven hundred hundred [eighty]
21 fifty dollars or fifty dollars plus
22 more, but less than ten per centum of excess
23 [eighteen] twenty-two over [eleven]
24 thousand five hundredthirteen thousand
25 dollars seven hundred fifty dollars
26 (4) [Eighteen] Twenty-two [Nine] One
27 thousand five hundredthousand two
28 dollars or more, but not hundred [eighty] twenty-five
29 more than [forty] fifty dollars plus twelve per centum
30 thousand dollars of excess over [eighteen] twenty-two
31 thousand five hundred dollars;
32 provided that students with incomes in excess of forty thousand dollars
33 but not more than fifty thousand dollars, shall only be eligible for
34 awards if he or she first receives an award beginning with the two thou-
35 sand seventeen--two thousand eighteen academic year.
36 (iv) If the amount of reduction is not a whole dollar, it shall be
37 reduced to the next lowest whole dollar. In the case of any student who
38 has received four or more payments pursuant to any and all awards
39 provided for in this subdivision, for the two thousand--two thousand one
40 academic year the base amount shall be reduced by an additional one
41 hundred fifty dollars for the two thousand one--two thousand two academ-
42 ic year and thereafter the base amount shall be reduced by an additional
43 one hundred dollars.
44 (v) The award shall be the net amount of the base amount determined
45 pursuant to subparagraph (i) of this paragraph reduced pursuant to
46 subparagraph (ii) or (iii) of this paragraph but the award shall not be
47 reduced for the two thousand--two thousand one and two thousand one--two
48 thousand two academic years below two hundred seventy-five dollars if
49 the amount of income is eighty thousand dollars or less and more than
50 seventy thousand dollars, three hundred twenty-five dollars if the
51 amount of income is seventy thousand dollars or less and more than sixty
52 thousand dollars and four hundred twenty-five dollars if the amount of
53 income is sixty thousand dollars or less.
A. 5881 5
1 (vi) For the two thousand two--two thousand three academic year and
2 thereafter, the award shall be the net amount of the base amount deter-
3 mined pursuant to subparagraph (i) of this paragraph reduced pursuant to
4 subparagraph (ii) or (iii) of this paragraph but the award shall not be
5 reduced below five hundred dollars.
6 § 2. This act shall take effect April 1, 2018, provided that the addi-
7 tion, amendment and/or repeal of any rule or regulation necessary for
8 the implementation of this act on its effective date is authorized and
9 directed to be made and completed by the president of the higher educa-
10 tion services corporation on or before such effective date.
