Bill Text: NY S05599 | 2011-2012 | General Assembly | Amended


Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO HIGHER EDUCATION [S05599 Detail]

Download: New_York-2011-S05599-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5599--A
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                     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
   12  OUT-OF-STATE RESIDENTS ON A CAMPUS BY CAMPUS BASIS, AND MAY AUTHORIZE UP
   13  TO  A  FIFTEEN  PERCENT  TUITION  INCREASE FOR GRADUATE AND PROFESSIONAL
   14  DEGREE PROGRAMS, ON A PROGRAM BY PROGRAM BASIS AT  THE  FOUR  UNIVERSITY
   15  CENTERS  AT  ALBANY,  BINGHAMTON,  BUFFALO  AND STONY BROOK, HEREINAFTER
   16  KNOWN AS THE UNIVERSITY CENTERS AND the trustees may authorize the pres-
   17  idents of the colleges of technology and the colleges of agriculture and
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11989-04-1
       S. 5599--A                          2
    1  technology to set differing rates of tuition for each  of  the  colleges
    2  for  students enrolled in degree-granting programs leading to an associ-
    3  ate degree and non-degree granting programs so long as such tuition rate
    4  does not exceed the tuition rate charged to students who are enrolled in
    5  like  degree  programs or degree-granting undergraduate programs leading
    6  to a baccalaureate degree at other state-operated  institutions  of  the
    7  state  university  of  New  York.  The  trustees shall not adopt changes
    8  affecting 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    S  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    S 3. Subdivision 8-b of section 355 of the education law is REPEALED.
   29    S 4. The education law is amended by adding two new sections 689-a and
   30  689-b to read as follows:
   31    S 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    S  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    S  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    S 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    S 7. Paragraph 4-a of subdivision A of section 6221 of  the  education
   34  law is REPEALED.
   35    S  8. The state finance law is amended by adding a new section 99-u to
   36  read as follows:
   37    S 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    S  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    S  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    S  11.  This act shall take effect immediately and shall expire and be
   40  deemed repealed June 30, 2015.
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