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.