Amd SS355, 359 & 6206, rpld SS355 sub 8-b, S6221 sub A 4-a, add SS689-a & 689-b, Ed L; add S99-u, St Fin L
Relates to the use of tuition at the state universities and city university; requires a study of the tuition assistance program; permits SUNY trustees to authorize university centers to charge a science, technology, engineering and math fee (STEM PLUS fee); authorizes students who would otherwise be eligible for a tuition assistance program award pursuant to section 667 of the education law but whose net taxable income is $80,000 to $100,000, such students' tuition credit shall be calculated as if such students were eligible for the minimum assistance program award.
STATE OF NEW YORK
________________________________________________________________________
5599--A
2011-2012 Regular Sessions
IN SENATE
June 6, 2011
___________
Introduced by Sen. LAVALLE -- read twice and ordered printed, and when
printed to be committed to the Committee on Higher Education --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the education law, in relation to tuition at state
universities and a study of the tuition assistance program; to amend
the state finance law, in relation to the state university of New York
agency trust fund; to repeal subdivision 8-b of section 355 of the
education law relating to state university annual apportionments; to
repeal paragraph 4-a of subdivision A of section 6221 of the education
law relating to city university annual apportionments; and providing
for the repeal of such provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph 4 of paragraph h of subdivision 2 of section
2 355 of the education law, as amended by chapter 309 of the laws of 1996,
3 is amended to read as follows:
4 (4) (i) The trustees shall not impose a differential tuition charge
5 based upon need or income. All students enrolled in programs leading to
6 like degrees at state-operated institutions of the state university
7 shall be charged a uniform rate of tuition except for differential
8 tuition rates based on state residency. Provided, however, that for the
9 two thousand eleven--two thousand twelve academic year and thereafter,
10 the trustees may authorize up to a ten percent tuition increase per
11 semester from the undergraduate tuition rate of each year for out-of-
12 state residents on a campus by campus basis, and may authorize up to a
13 fifteen percent tuition increase for graduate and professional degree
14 programs, on a program by program basis at the four university centers
15 at Albany, Binghamton, Buffalo and Stony Brook, hereinafter known as the
16 University Centers and the trustees may authorize the presidents of the
17 colleges of technology and the colleges of agriculture and technology to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11989-04-1
S. 5599--A 2
1 set differing rates of tuition for each of the colleges for students
2 enrolled in degree-granting programs leading to an associate degree and
3 non-degree granting programs so long as such tuition rate does not
4 exceed the tuition rate charged to students who are enrolled in like
5 degree programs or degree-granting undergraduate programs leading to a
6 baccalaureate degree at other state-operated institutions of the state
7 university of New York. The trustees shall not adopt changes affecting
8 tuition charges prior to the enactment of the annual budget.
9 (ii) Tuition revenue shall be used solely for the expenses of the
10 state university in carrying out its objectives and purposes and shall
11 not be used to off-set or reduce appropriations by the state in support
12 of the operations of the state university. The state shall appropriate
13 annually and make available general fund operating support for the state
14 university in an amount not less than the amount appropriated and made
15 available to the state university in state fiscal year two thousand
16 eleven--two thousand twelve. Beginning in state fiscal year two thousand
17 twelve--two thousand thirteen, such general fund operating support shall
18 be adjusted by amounts to fully support cost increases related to
19 contractual and collectively bargained salary increases, energy-related
20 costs and enrollment-related cost increases; provided, however, that in
21 any state fiscal year when personal income tax receipts decline from
22 personal income tax receipts in the previous state fiscal year, general
23 fund operating support made available to the state university may be
24 reduced by no more than the same proportion as personal income tax
25 receipts have declined.
26 § 2. Paragraph (h) of subdivision 2 of section 355 of the education
27 law is amended by adding two new subparagraphs 10 and 11 to read as
28 follows:
29 (10) (i) Notwithstanding any other provision of law to the contrary,
30 and subject to the requirements as set forth in subparagraph eleven of
31 this paragraph, the state university trustees shall be authorized to
32 increase the resident undergraduate rate of tuition up to a maximum of
33 the following amounts:
34 (A) for the academic year two thousand eleven--two thousand twelve,
35 two hundred fifty dollars over the resident undergraduate rate of
36 tuition most recently authorized by the trustees in the preceding
37 academic year;
38 (B) for the academic year two thousand twelve--two thousand thirteen,
39 two hundred dollars over the resident undergraduate rate of tuition most
40 recently authorized by the trustees in the preceding academic year;
41 (C) for the academic year two thousand thirteen--two thousand four-
42 teen, two hundred dollars over the resident undergraduate rate of
43 tuition most recently authorized by the trustees in the preceding
44 academic year; and
45 (D) for the academic year two thousand fourteen--two thousand fifteen,
46 one hundred fifty dollars over the resident undergraduate rate of
47 tuition most recently authorized by the trustees in the preceding
48 academic year.
49 Provided that the trustees shall not adopt changes affecting tuition
50 charges prior to the enactment of the annual budget.
51 (ii) for the academic year beginning in two thousand eleven--two thou-
52 sand twelve and thereafter, the state university trustees may authorize
53 the University Centers to charge a science, technology, engineering and
54 math fee, to be known as a STEM PLUS fee, to those students who have
55 declared majors in such subject areas and to those students who have
56 declared majors in academic medicine. Such fees shall be included in the
S. 5599--A 3
1 definition of tuition for purposes of section six hundred sixty-seven of
2 this title.
3 (iii) the University Centers shall annually report to the state
4 university trustees on how research revenue yields quantifiable results
5 for each of the four campuses and SUNY Buffalo and SUNY Stony Brook
6 shall additionally report on what each campus is doing to maintain their
7 AAU status.
8 (iv) Each SUNY campus shall examine policies and procedures and imple-
9 ment cost saving measures for the duration of the four year tuition plan
10 and shall increase fund raising efforts to promote fiscal stability.
11 Further, the trustees shall periodically review their patent policies to
12 ensure competitiveness, and shall annually report on how the revenue
13 generated by this act has helped retain and grow full-time faculty and
14 increase program availability.
15 (11) The state university trustees shall be authorized to charge
16 tuition rates for resident undergraduate students in accordance with
17 subparagraph ten of this paragraph provided however that if the annual
18 resident undergraduate rate of tuition would exceed five thousand
19 dollars, then a tuition credit for each eligible student, as determined
20 and calculated by the New York state higher education services corpo-
21 ration pursuant to section six hundred eighty-nine-a or six hundred
22 eighty-nine-b of this title, shall be applied toward the tuition charged
23 for each semester, quarter or term of study. Tuition for each semester,
24 quarter or term of study shall not be due for any student eligible to
25 receive such tuition credit until the tuition credit is calculated and
26 applied against the tuition charged for the corresponding semester,
27 quarter or term.
28 § 3. Subdivision 8-b of section 355 of the education law is REPEALED.
29 § 4. The education law is amended by adding two new sections 689-a and
30 689-b to read as follows:
31 § 689-a. Tuition credits. 1. The New York state higher education
32 services corporation shall calculate a tuition credit for each resident
33 undergraduate student who has filed an application with such corporation
34 for a tuition assistance program award pursuant to section six hundred
35 sixty-seven of this article, and is determined to be eligible to receive
36 such award, and is also enrolled in a program of undergraduate study at
37 a state operated or senior college of the state university of New York
38 or the city university of New York where the annual resident undergradu-
39 ate tuition rate will exceed five thousand dollars. Such tuition credit
40 shall be calculated for each semester, quarter or term of study that
41 tuition is charged and tuition for the corresponding semester, quarter
42 or term shall not be due for any student eligible to receive such
43 tuition credit until such credit is calculated, the student and school
44 where the student is enrolled is notified of the tuition credit amount,
45 and such tuition credit is applied toward the tuition charged.
46 2. Each tuition credit pursuant to this section shall be an amount
47 equal to the product of the total annual resident undergraduate tuition
48 rate minus five thousand dollars then multiplied by an amount equal to
49 the product of the total annual award for the student pursuant to
50 section six hundred sixty-seven of this article divided by an amount
51 equal to the maximum amount the student qualifies to receive pursuant to
52 clause (A) of subparagraph (i) of paragraph a of subdivision three of
53 section six hundred sixty-seven of this article.
54 § 689-b. Alternative tuition credit. An alternative tuition credit
55 shall be available under this section to eligible undergraduate students
56 enrolled in a program of undergraduate study at a state operated or
S. 5599--A 4
1 senior college of the state university of New York or the city universi-
2 ty of New York where the annual resident undergraduate tuition rate will
3 exceed five thousand dollars. The New York state higher education
4 services corporation shall accept applications and determine eligibility
5 for such credit based upon the criteria established under section six
6 hundred sixty-seven of this article; provided, however, that students
7 whose net taxable income is eighty thousand dollars or more, but less
8 than one hundred thousand dollars shall be eligible to receive the
9 tuition credit under this section. Such tuition credit shall be one
10 hundred twenty-five dollars for each semester, quarter or term of study
11 that tuition is charged and tuition for the corresponding semester,
12 quarter or term shall not be due for any student eligible to receive
13 such tuition credit until such credit is calculated, the student and
14 school where the student is enrolled is notified of the tuition credit
15 amount, and such tuition credit is applied toward the tuition charged.
16 § 5. Subdivision 7 of section 6206 of the education law is amended by
17 adding two new paragraphs (d) and (e) to read as follows:
18 (d) Notwithstanding any other provision of law to the contrary, and
19 subject to the requirements as set forth in paragraph (e) of this subdi-
20 vision, the city university board of trustees shall be authorized to
21 increase the resident undergraduate rate of tuition up to a maximum of
22 the following amounts:
23 (i) for the academic year two thousand eleven--two thousand twelve,
24 two hundred fifty dollars over the resident undergraduate rate of
25 tuition most recently authorized by the board of trustees in the preced-
26 ing academic year;
27 (ii) for the academic year two thousand twelve--two thousand thirteen,
28 two hundred dollars over the resident undergraduate rate of tuition most
29 recently authorized by the board of trustees in the preceding academic
30 year;
31 (iii) for the academic year two thousand thirteen--two thousand four-
32 teen, two hundred dollars over the resident undergraduate rate of
33 tuition most recently authorized by the board of trustees in the preced-
34 ing academic year;
35 (iv) for the academic year two thousand fourteen--two thousand
36 fifteen, one hundred fifty dollars over the resident undergraduate rate
37 of tuition most recently authorized by the board of trustees in the
38 preceding academic year; and
39 (v) for the academic year beginning in two thousand eleven--two thou-
40 sand twelve and thereafter, the city university trustees may authorize
41 such senior colleges of the university as the chancellor may recommend
42 to charge a science, technology, engineering and math fee, to be known
43 as a STEM PLUS fee, to those students who have declared majors in such
44 subject areas and to those students who have declared majors in academic
45 medicine. Such fees shall be included in the definition of tuition for
46 purposes of section six hundred sixty-seven of this chapter; and
47 (vi) Each CUNY campus shall examine policies and procedures and imple-
48 ment cost saving measures for the duration of the four year tuition plan
49 and shall increase fund raising efforts to promote fiscal stability.
50 Further, the trustees shall periodically review their patent policies to
51 ensure competitiveness, and shall annually report on how the revenue
52 generated by this paragraph has helped retain and grown full-time facul-
53 ty and increase program availability.
54 Provided that the board of trustees shall not adopt changes in tuition
55 charges prior to the enactment of the annual budget.
S. 5599--A 5
1 (e) The city university board of trustees shall be authorized to
2 charge tuition rates for resident undergraduate students in accordance
3 with paragraph (d) of this subdivision provided however that if the
4 annual resident undergraduate rate of tuition would exceed five thousand
5 dollars, then a tuition credit for each eligible student, as determined
6 and calculated by the New York state higher education services corpo-
7 ration pursuant to section six hundred eighty-nine-a or six hundred
8 eighty-nine-b of this chapter, shall be applied toward the tuition
9 charged for each semester, quarter or term of study. Tuition for each
10 semester, quarter or term of study shall not be due for any student
11 eligible to receive such tuition credit until the tuition credit is
12 calculated and applied against the tuition charged for the corresponding
13 semester, quarter or term.
14 § 6. Subdivision 7 of section 6206 of the education law is amended by
15 adding a new paragraph (f) to read as follows:
16 (f) Tuition revenue shall be used solely for the expenses of the city
17 university in carrying out its objectives and purposes and shall not be
18 used to off-set or reduce appropriations by the state in support of the
19 operations of the city university. The state shall appropriate annually
20 and make available general fund operating support for the city universi-
21 ty in an amount not less than the amount appropriated and made available
22 to the city university in state fiscal year two thousand eleven--two
23 thousand twelve. Beginning in state fiscal year two thousand twelve--two
24 thousand thirteen, such general fund operating support shall be adjusted
25 by amounts to fully support cost increases related to contractual and
26 collectively bargained salary increases, energy-related costs and
27 enrollment-related cost increases; provided, however, that in any state
28 fiscal year when personal income tax receipts decline from personal
29 income tax receipts in the previous state fiscal year, general fund
30 operating support made available to the city university may be reduced
31 by no more than the same proportion as personal income tax receipts have
32 declined.
33 § 7. Paragraph 4-a of subdivision A of section 6221 of the education
34 law is REPEALED.
35 § 8. The state finance law is amended by adding a new section 99-u to
36 read as follows:
37 § 99-u. State university of New York agency trust fund. 1. There is
38 hereby established in the joint custody of the state comptroller and the
39 commissioner of taxation and finance a fiduciary fund to be known as the
40 "state university of New York agency trust fund".
41 2. The state university of New York agency trust fund shall consist of
42 all monies appropriated and made available to the state university in
43 general fund operating support and tuition revenue appropriated and made
44 available from special revenue funds.
45 3. The state comptroller is authorized and directed to transfer annu-
46 ally, from the general fund and special revenue funds to the state
47 university of New York agency trust fund, general fund operating support
48 and tuition revenue appropriated and made available to the state univer-
49 sity in accordance with the provisions of subparagraph four of paragraph
50 h of subdivision two of section three hundred fifty-five of the educa-
51 tion law.
52 4. Monies in the state university of New York agency trust fund shall
53 be expended solely for the expenses of the state university in carrying
54 out its objectives and purposes. The provisions of section forty-nine of
55 this chapter and any other law notwithstanding, monies in the state
S. 5599--A 6
1 university of New York agency trust fund shall not be impounded nor
2 transferred or otherwise made available for other purposes.
3 § 9. Section 359 of the education law is amended by adding a new
4 subdivision 5 to read as follows:
5 5. The state university trustees shall conduct a study regarding the
6 effectiveness and functionality of the New York state tuition assistance
7 program, which shall consider a variety of factors including, but not
8 limited to, the costs associated with pursuing a degree in undergraduate
9 study, current tuition assistance program thresholds and award levels,
10 current eligibility criteria to qualify for an award under the tuition
11 assistance program, and any other information the trustees determine to
12 be relevant. The study shall also include recommendations to improve the
13 tuition assistance program to better meet the future financial aid needs
14 of students who reside in New York state and to ensure continued access
15 and affordability of the state university of New York. The study shall
16 be submitted to the governor, the temporary president of the senate, the
17 speaker of the assembly, the director of the division of the budget, the
18 senate finance committee, the assembly ways and means committee and the
19 higher education committees of the legislature on or before October
20 first, two thousand thirteen.
21 § 10. Section 6206 of the education law is amended by adding a new
22 subdivision 17 to read as follows:
23 17. The city university trustees shall conduct a study regarding the
24 effectiveness and functionality of the New York state tuition assistance
25 program, which shall consider a variety of factors including, but not
26 limited to, the costs associated with pursuing a degree in undergraduate
27 study, current tuition assistance program thresholds and award levels,
28 current eligibility criteria to qualify for an award under the tuition
29 assistance program and any other information the trustees determine to
30 be relevant. The study shall also include recommendations to improve the
31 tuition assistance program to better meet the future financial aid needs
32 of students who reside in New York state and to ensure continued access
33 and affordability of the state university of New York. The study shall
34 be submitted to the governor, the temporary president of the senate, the
35 speaker of the assembly, the director of the division of the budget, the
36 senate finance committee, the assembly ways and means committee and the
37 higher education committees of the legislature on or before October
38 first, two thousand thirteen.
39 § 11. This act shall take effect immediately and shall expire and be
40 deemed repealed June 30, 2015.
