S T A T E O F N E W Y O R K
________________________________________________________________________
3048
2013-2014 Regular Sessions
I N A S S E M B L Y
January 23, 2013
___________
Introduced by M. of A. REILICH -- read once and referred to the Commit-
tee on Higher Education
AN ACT to amend the education law, in relation to four and five year
fixed tuitions at the state university of New York and the city
university of New York; 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. The education law is amended by adding a new section 361 to
2 read as follows:
3 S 361. FRESHMEN TUITION CHARGES; FOUR OR FIVE YEAR FIXED AMOUNT. 1.
4 BEGINNING WITH THE ACADEMIC YEAR TWO THOUSAND FOURTEEN--TWO THOUSAND
5 FIFTEEN, THE AMOUNT OF TUITION AND ANY CAMPUS BASED OR STUDENT FEES PAID
6 BY ANY FULL-TIME RESIDENT STUDENT ENTERING AS AN UNDERGRADUATE FRESHMAN
7 AT ANY OF THE FOUR UNIVERSITY CENTERS OR THE DESIGNATED COLLEGES OF ARTS
8 AND SCIENCES, OR THE AGRICULTURAL AND TECHNICAL COLLEGES AT ALFRED,
9 CANTON, COBLESKILL, DELHI, FARMINGDALE, MORRISVILLE AND MARITIME, AND
10 THE COLLEGE OF TECHNOLOGY AT UTICA/ROME, OR ANY SENIOR COLLEGE OF THE
11 CITY UNIVERSITY, SHALL NOT BE INCREASED FOR THE PERIOD CONSISTING OF THE
12 THREE SCHOOL YEARS SUBSEQUENT TO SUCH FRESHMAN YEAR OR FOUR YEARS IF THE
13 RESIDENT STUDENT IS ENROLLED IN A FIVE YEAR DEGREE PROGRAM, PROVIDED
14 THAT SUCH ATTENDANCE IS ON A FULL-TIME BASIS FOR EACH OF SUCH FOUR OR
15 FIVE YEARS AT ANY SUCH UNIVERSITY OR COLLEGE SET FORTH IN THIS SUBDIVI-
16 SION.
17 2. UPON COMPLETION OF THE FOUR OR FIVE SCHOOL YEARS SET FORTH IN
18 SUBDIVISION ONE OF THIS SECTION, ANY RESIDENT STUDENT WHO CONTINUES IN
19 FULL-TIME OR PART-TIME ATTENDANCE FOR A FIFTH OR SIXTH SCHOOL YEAR AT
20 ANY OF THE UNIVERSITIES OR COLLEGES SET FORTH IN SUBDIVISION ONE OF THIS
21 SECTION OR ANY SENIOR COLLEGE OF THE CITY UNIVERSITY, SHALL PAY TUITION
22 AS DETERMINED PURSUANT TO THE PROVISIONS OF THIS CHAPTER FOR SUCH YEAR.
23 TUITION CHARGES FOR ANY ADDITIONAL YEARS OF FULL-TIME OR PART-TIME
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01694-01-3
A. 3048 2
1 ATTENDANCE BEYOND THE FOUR OR FIVE YEARS AS DETERMINED PURSUANT TO
2 SUBDIVISION ONE OF THIS SECTION SHALL BE DETERMINED EACH YEAR PURSUANT
3 TO THE PROVISIONS OF THIS CHAPTER.
4 3. ANY UNDERGRADUATE RESIDENT STUDENT THAT TRANSFERS FROM A COMMUNITY
5 COLLEGE TO A UNIVERSITY OR COLLEGE PURSUANT TO SUBDIVISION ONE OF THIS
6 SECTION WITH AN ASSOCIATE DEGREE SHALL PAY TUITION AT SUCH AMOUNT AS
7 THAT STIPULATED PURSUANT TO THE PROVISIONS OF THIS CHAPTER FOR THAT YEAR
8 AND FOR ONE SUBSEQUENT YEAR THEREAFTER, SUCH TRANSFER STUDENT SHALL PAY
9 TUITION PURSUANT TO THE CHARGES ESTABLISHED BY THE STATE UNIVERSITY OF
10 NEW YORK OR CITY UNIVERSITY OF NEW YORK BOARD OF TRUSTEES, PROVIDED THAT
11 SUCH STUDENT MAINTAINS HIS OR HER FULL-TIME STATUS.
12 4. BEGINNING WITH THE ACADEMIC YEAR TWO THOUSAND FOURTEEN--TWO THOU-
13 SAND FIFTEEN, AND FOR EACH YEAR THEREAFTER, TUITION SHALL INCREASE BY AN
14 AMOUNT CONSISTENT WITH THE CONSUMER PRICE INDEX AS REPORTED BY THE
15 BUREAU OF LABOR STATISTICS OF THE UNITED STATES DEPARTMENT OF LABOR IN
16 AN AMOUNT NOT TO EXCEED TWO HUNDRED DOLLARS IN ANY SINGLE ACADEMIC YEAR,
17 FOR A FULL-TIME RESIDENT STUDENT ENTERING AS AN UNDERGRADUATE FRESHMAN
18 AT ANY COLLEGE AS DETERMINED BY SUBDIVISION ONE OF THIS SECTION.
19 5. A. THE TUITION ADJUSTMENT ESTABLISHED PURSUANT TO SUBDIVISION FOUR
20 OF THIS SECTION SHALL BE CONTINGENT UPON THE STATE PROVIDING DIRECT
21 OPERATING AID IN AN AMOUNT EQUAL TO OR GREATER THAN THE PREVIOUS YEAR.
22 SUCH OPERATING AID SHALL BE EQUAL TO THE PREVIOUS YEARS STATE OPERATING
23 AID PLUS ANY ADDED COST AS A RESULT OF COLLECTIVE BARGAINING, EMPLOYEE
24 FRINGE BENEFITS, AND THE AVERAGE INCREASE OF ENERGY COST FOR THE SYSTEM.
25 SUCH AMOUNTS SHALL BE ESTABLISHED BY THE TRUSTEES AND THE DIVISION OF
26 BUDGET INCLUDED IN THEIR BUDGET REQUESTS EACH YEAR.
27 B. IF THE FINAL ENACTED BUDGET PROVIDES DIRECT OPERATING AID EQUAL TO
28 WHAT IS REQUIRED BY PARAGRAPH A OF THIS SUBDIVISION, THEN THE TUITION
29 INCREASE SHALL BE AUTHORIZED, BUT NOT MANDATED, FOR ANY GIVEN CAMPUS.
30 THE TUITION INCREASE AUTHORIZED PURSUANT TO THIS SECTION SHALL BE DETER-
31 MINED BY THE CAMPUS PRESIDENT WITH THE CONSENT OF THE BOARD OF TRUSTEES,
32 CONSISTENT WITH THE LIMITATIONS ESTABLISHED BY THIS SECTION.
33 C. IF THE FINAL ENACTED BUDGET PROVIDES LESS DIRECT OPERATING AID TO
34 THE UNIVERSITY THAN THE PREVIOUS YEAR, AS CALCULATED PURSUANT TO THE
35 PROVISIONS OF THIS SUBDIVISION, THEN THERE SHALL NOT BE A TUITION
36 INCREASE UNLESS SPECIFICALLY AUTHORIZED BY THE TRUSTEES, IN WHICH CASE
37 THE TUITION INCREASE AUTHORIZED SHALL NOT EXCEED FIFTY DOLLARS FOR A NEW
38 YORK RESIDENT UNDERGRADUATE FRESHMAN. IF THE FINAL ENACTED BUDGET
39 PROVIDES MORE DIRECT OPERATING AID TO THE UNIVERSITY THAN THE PREVIOUS
40 YEAR, AS CALCULATED PURSUANT TO THE PROVISIONS OF THIS SUBDIVISION, SO
41 THAT DIRECT OPERATING AID IS GREATER THAN THE REVENUE THAT WOULD HAVE
42 BEEN GENERATED AS A RESULT OF THE TUITION INCREASE, PURSUANT TO SUBDIVI-
43 SION FOUR OF THIS SECTION, FOR THAT YEAR, THEN THERE SHALL BE NO TUITION
44 INCREASE FOR THAT YEAR.
45 6. THE TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK AND THE TRUSTEES
46 OF THE CITY UNIVERSITY OF NEW YORK ARE AUTHORIZED AND DIRECTED TO
47 PROMULGATE ANY RULES AND REGULATIONS NECESSARY TO CARRY OUT THE
48 PROVISIONS OF THIS SECTION.
49 S 2. This act shall take effect on the first of July next succeeding
50 the date on which it shall have become a law, and shall expire and be
51 deemed repealed June 30, 2019.