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.
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 hundredtwo 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] thirteenseven 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 hundredthirteen thousand
27 dollars seven hundred fifty dollars
28 (4) [Eighteen] Twenty-two [Nine] One
29 thousand five hundredthousand 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.
