A05809 Summary:

BILL NOA05809A
 
SAME ASSAME AS S00277-A
 
SPONSORLupinacci
 
COSPNSRRaia, Hawley, Graf, Ceretto, Walter, Curran, Skoufis, Murray, Oaks, Corwin, Brabenec, Crouch, Finch, Englebright, Castorina
 
MLTSPNSRBarclay, Kolb, Palmesano, Thiele
 
Amd 667, Ed L
 
Relates to tuition assistance program awards.
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A05809 Actions:

BILL NOA05809A
 
03/05/2015referred to higher education
01/06/2016referred to higher education
03/04/2016amend and recommit to higher education
03/04/2016print number 5809a
05/10/2016held for consideration in higher education
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A05809 Floor Votes:

There are no votes for this bill in this legislative session.
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A05809 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5809A
 
SPONSOR: Lupinacci
  TITLE OF BILL: An act to amend the education law, in relation to tuition assistance program awards   PURPOSE: To increase the maximum amount of a tuition assistance program (TAP) award and to increase the net taxable income eligibility.   SUMMARY OF PROVISIONS: Section 1. Increases the maximum TAP award to six thousand four hundred seventy dollars phased in over the next two years and increases the maximum income eligibility from $80,000 to $100,000 and adjusts the TAP schedule accordingly for those who receive awards beginning in 2016-2017. Additionally, this section increases the income threshold for independent students and adjusts the independent TAP schedule according for those students first receiving aid in 2016-17. Section 2. Sets for the effective date.   JUSTIFICATION: The Tuition Assistance Program (TAP) award amounts have not been increased in over a decade. During that time, college costs have increased dramatically. Tuition at the State University of New York (SUNY) has surpassed the maximum TAP award amount and tuition at the City University of New York (CUNY) will do the same in the near future. This bill would increase the maximum award amount to reflect the increases in public higher education tuition costs. Additionally, this bill raises the net taxable income eligibility thres- hold to capture more New York State families. Many families throughout the State are struggling to pay for higher education. Students graduate with crushing student loan debt burdens. This bill will alleviate some of that burden by providing an increased award to all eligible recipients and to allow for more middle class families to be eligible to receive an award.   PRIOR LEGISLATIVE HISTORY: 2014/2015 A.5809 - Higher Education   FISCAL IMPLICATIONS: No cost this year.   EFFECTIVE DATE: This act shall take effect April 1, 2017, provided that the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made and completed by the president of the higher educa- tion services corporation on or before such effective date.
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A05809 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5809--A
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 5, 2015
                                       ___________
 
        Introduced  by  M. of A. LUPINACCI, RAIA, HAWLEY, GRAF, CERETTO, WALTER,
          CURRAN, SKOUFIS, MURRAY, OAKS, CORWIN, BRABENEC, CROUCH, FINCH, ENGLE-
          BRIGHT -- Multi-Sponsored by -- M. of  A.  BARCLAY,  KOLB,  PALMESANO,
          THIELE  -- read once and referred to the Committee on Higher Education
          -- recommitted to the Committee on Higher Education in accordance with
          Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
 
        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:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03374-03-6

        A. 5809--A                          2
 
     1    (i) For each year of undergraduate study, assistance shall be provided
     2  as  computed  on  the  basis  of  the  amount which is the lesser of the
     3  following:
     4    (A) (1) In the case of students who have not been granted an exclusion
     5  of  parental  income,  who have qualified as an orphan, foster child, or
     6  ward of the court for the purposes  of  federal  student  financial  aid
     7  programs  authorized by Title IV of the Higher Education Act of 1965, as
     8  amended, or had a dependent for income tax purposes during the tax  year
     9  next  preceding  the academic year for which application is made, except
    10  for those students who have been granted exclusion  of  parental  income
    11  who have a spouse but no other dependent:
    12    (a)  For  students  first receiving aid after nineteen hundred ninety-
    13  three--nineteen hundred ninety-four and before two  thousand--two  thou-
    14  sand one, four thousand two hundred ninety dollars; or
    15    (b) For students first receiving aid in nineteen hundred ninety-three-
    16  -nineteen  hundred  ninety-four or earlier, three thousand seven hundred
    17  forty dollars; or
    18    (c) For students first receiving aid in two thousand--two thousand one
    19  and thereafter, five thousand dollars, except starting in  two  thousand
    20  fourteen-two thousand fifteen and thereafter such students shall receive
    21  five thousand one hundred sixty-five dollars; or
    22    (d)  For  students  first  receiving  aid in two thousand sixteen--two
    23  thousand seventeen and thereafter, six  thousand  four  hundred  seventy
    24  dollars; or
    25    (e)  For  undergraduate  students  enrolled in a program of study at a
    26  non-public degree-granting institution that does not offer a program  of
    27  study  that leads to a baccalaureate degree, or at a registered not-for-
    28  profit  business  school  qualified  for  tax  exemption  under  section
    29  501(c)(3)  of  the internal revenue code for federal income tax purposes
    30  that does not offer a program of study that  leads  to  a  baccalaureate
    31  degree,  four  thousand  dollars.  Provided,  however, that this subitem
    32  shall not apply to students enrolled in a program of study leading to  a
    33  certificate or degree in nursing.
    34    (2)  In the case of students receiving awards pursuant to subparagraph
    35  (iii) of this paragraph and those students who have been granted  exclu-
    36  sion of parental income who have a spouse but no other dependent.
    37    (a)  For  students receiving aid in two thousand sixteen--two thousand
    38  seventeen and thereafter, six thousand four hundred seventy dollars, or
    39    (b) For students first receiving aid  in  nineteen hundred ninety-four
    40  --nineteen  hundred  ninety-five and nineteen hundred ninety-five--nine-
    41  teen hundred  ninety-six  and  thereafter,  three  thousand  twenty-five
    42  dollars, or
    43    [(b)]  (c)  For students first receiving aid in nineteen hundred nine-
    44  ty-two--nineteen hundred ninety-three and nineteen hundred ninety-three-
    45  -nineteen hundred ninety-four, two thousand  five  hundred  seventy-five
    46  dollars, or
    47    [(c)]  (d)  For students first receiving aid in nineteen hundred nine-
    48  ty-one--nineteen  hundred  ninety-two  or  earlier,  two  thousand  four
    49  hundred fifty dollars; or
    50    (B)  (1)  Ninety-five  percent  of the amount of tuition (exclusive of
    51  educational fees) charged and, if applicable, the college fee levied  by
    52  the  state  university of New York pursuant to the April first, nineteen
    53  hundred sixty-four financing agreement with the New York state dormitory
    54  authority.
    55    (2) For the two thousand one--two thousand two academic year and ther-
    56  eafter one hundred percent of the amount of tuition (exclusive of educa-

        A. 5809--A                          3
 
     1  tional fees) charged and, if applicable, the college fee levied  by  the
     2  state  university  of  New  York  pursuant  to the April first, nineteen
     3  hundred sixty-four financing agreement with the New York state dormitory
     4  authority.
     5    (ii)  Except for students as noted in subparagraph (iii) of this para-
     6  graph, the base amount as determined from subparagraph (i) of this para-
     7  graph, shall be reduced in relation to income as follows:
 
     8  Amount of income                    Schedule of reduction
     9                                      of base amount
 
    10  (A) Less than [seven] eight         None
    11      thousand seven hundred
    12      fifty dollars
    13  (B) [Seven] Eight thousand          Seven per centum of excess
    14      seven hundred fifty             over [seven] eight
    15      dollars or more, but less than  thousand seven hundred
    16      [eleven] thirteen thousand      fifty dollars
    17      seven hundred fifty dollars
    18  (C) [Eleven] Thirteen thousand      [Two] Three
    19      seven hundred fifty             hundred [eighty] fifty
    20      dollars or more, but less than  dollars plus ten per centum of excess
    21      [eighteen] twenty-two           over [eleven] thirteen
    22      thousand five hundred           thousand seven hundred
    23      dollars                         fifty dollars
    24  (D) [Eighteen] Twenty-two           [Nine] One thousand
    25      thousand five hundred           two hundred
    26      dollars or more, but not more   [eighty] twenty-five dollars
    27      than [eighty] one               plus twelve per centum of
    28      hundred thousand dollars        excess over [eighteen]
    29                                      twenty-two thousand
    30                                      five hundred dollars;
 
    31  provided that dependent students whose parental  income  exceeds  eighty
    32  thousand  dollars  but  not  more  than one hundred thousand dollars, or
    33  students with a dependent  and  income  in  excess  of  eighty  thousand
    34  dollars,  but  not more than one hundred thousand dollars, shall only be
    35  eligible for awards if he or she first receives an award beginning  with
    36  the two thousand sixteen--two thousand seventeen academic year.
 
    37    (iii)  (A)  For  students  who have been granted exclusion of parental
    38  income and were single with no dependent for income tax purposes  during
    39  the  tax  year next preceding the academic year for which application is
    40  made, the base amount, as determined in subparagraph (i) of  this  para-
    41  graph, shall be reduced in relation to income as follows:
 
    42  Amount of income                    Schedule of reduction
    43                                      of base amount
 
    44  (1) Less than [three] ten thousand  None
    45      five hundred dollars
    46  (2) [Three] Ten thousand            Thirty-one per centum of
    47      five hundred dollars or more,   amount in excess of
    48      but not more than [ten]         [three] ten thousand
    49      thirty-five thousand dollars    five hundred
    50                                      dollars;

        A. 5809--A                          4
 
     1  provided  that  students  with incomes in excess of ten thousand dollars
     2  but not more than thirty-five thousand dollars, shall only  be  eligible
     3  for  awards  if he or she first receives an award beginning with the two
     4  thousand sixteen--two thousand seventeen academic year.
     5    (B)  For  those  students  who have been granted exclusion of parental
     6  income who have a spouse but no other dependent, for income tax purposes
     7  during the tax year next preceding the academic year for which  applica-
     8  tion is made, the base amount, as determined in subparagraph (i) of this
     9  paragraph, shall be reduced in relation to income as follows:
 
    10  Amount of income                    Schedule of reduction
    11                                      of base amount
 
    12  (1) Less than [seven] eight         None
    13      thousand seven hundred fifty
    14      dollars
    15  (2) [Seven] Eight thousand          Seven per centum of excess
    16      seven hundred fifty             over [seven]
    17      dollars or more, but less than  eight thousand
    18      [eleven] thirteen               seven hundred fifty
    19      thousand seven hundred          dollars
    20      fifty dollars
    21  (3) [Eleven] Thirteen               [Two] Three
    22      thousand seven hundred          hundred [eighty]
    23      fifty dollars or                fifty dollars plus
    24      more, but less than             ten per centum of excess
    25      [eighteen] twenty-two           over [eleven]
    26      thousand five hundred           thirteen thousand
    27      dollars                         seven hundred fifty dollars
    28  (4) [Eighteen] Twenty-two           [Nine] One
    29      thousand five hundred           thousand two
    30      dollars or more, but not        hundred [eighty] twenty-five
    31      more than [forty] fifty         dollars plus twelve per centum
    32      thousand dollars                of excess over [eighteen] twenty-two
    33                                      thousand five hundred dollars;
 
    34  provided  that students with incomes in excess of forty thousand dollars
    35  but not more than fifty thousand dollars, shall  only  be  eligible  for
    36  awards if he or she first receives an award beginning with the two thou-
    37  sand sixteen--two thousand seventeen academic year.
    38    (iv)  If  the  amount  of reduction is not a whole dollar, it shall be
    39  reduced to the next lowest whole dollar. In the case of any student  who
    40  has  received  four  or  more  payments  pursuant  to any and all awards
    41  provided for in this subdivision, for the two thousand--two thousand one
    42  academic year the base amount shall be  reduced  by  an  additional  one
    43  hundred fifty dollars for the two thousand one--two thousand two academ-
    44  ic year and thereafter the base amount shall be reduced by an additional
    45  one hundred dollars.
    46    (v)  The  award  shall be the net amount of the base amount determined
    47  pursuant to subparagraph (i)  of  this  paragraph  reduced  pursuant  to
    48  subparagraph  (ii) or (iii) of this paragraph but the award shall not be
    49  reduced for the two thousand--two thousand one and two thousand one--two
    50  thousand two academic years below two hundred  seventy-five  dollars  if
    51  the  amount  of  income is eighty thousand dollars or less and more than
    52  seventy thousand dollars,  three  hundred  twenty-five  dollars  if  the
    53  amount of income is seventy thousand dollars or less and more than sixty

        A. 5809--A                          5
 
     1  thousand  dollars  and four hundred twenty-five dollars if the amount of
     2  income is sixty thousand dollars or less.
     3    (vi)  For  the  two thousand two--two thousand three academic year and
     4  thereafter, the award shall be the net amount of the base amount  deter-
     5  mined pursuant to subparagraph (i) of this paragraph reduced pursuant to
     6  subparagraph  (ii) or (iii) of this paragraph but the award shall not be
     7  reduced below five hundred dollars.
     8    § 2. This act shall take effect April 1, 2017, provided that the addi-
     9  tion, amendment and/or repeal of any rule or  regulation  necessary  for
    10  the  implementation  of this act on its effective date is authorized and
    11  directed to be made and completed by the president of the higher  educa-
    12  tion services corporation on or before such effective date.
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