Bill Text: NY S07615 | 2019-2020 | General Assembly | Amended


Bill Title: Relates to freezing tuition costs at state and city universities for four years; increases TAP awards by $400 each year for four years; and requires a report examining the affordability of such public institutions and potential funding for eliminating the gap between public funding and actual tuition and costs.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2020-02-19 - PRINT NUMBER 7615A [S07615 Detail]

Download: New_York-2019-S07615-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         7615--A

                    IN SENATE

                                    January 31, 2020
                                       ___________

        Introduced  by Sens. THOMAS, BROOKS, COMRIE, PARKER, RAMOS -- 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 costs at state
          and  city  universities  and  increasing  tuition  assistance  program
          awards; and to require a report examining the  affordability  of  such
          public institutions

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The opening paragraph of paragraph h of  subdivision  2  of
     2  section  355 of the education law, as separately amended by chapters 552
     3  and 616 of the laws of 1985, is amended to read as follows:
     4    To regulate the admission of students,  prescribe  the  qualifications
     5  for  their  continued  attendance,  regulate  tuition  charges  where no
     6  provision is otherwise made therefor by law, and regulate other fees and
     7  charges, curricula and all other matters pertaining to the operation and
     8  administration of each state-operated institution in the state universi-
     9  ty; provided, however, that the trustees shall not  have  the  power  to
    10  increase tuition, fees or other charges commencing with the two thousand
    11  twenty--two  thousand  twenty-one  academic  year  and ending in the two
    12  thousand twenty-four--two thousand twenty-five academic year.
    13    § 2. Clause (ii) of subparagraph 4 of paragraph h of subdivision 2  of
    14  section 355 of the education law, as amended by section 1 of part JJJ of
    15  chapter 59 of the laws of 2017, is amended to read as follows:
    16    (ii) Commencing with the two thousand seventeen--two thousand eighteen
    17  academic year and ending in the [two thousand twenty--two thousand twen-
    18  ty-one]  two  thousand  nineteen--two  thousand twenty academic year the
    19  state university of New York board of trustees  shall  be  empowered  to
    20  increase the resident undergraduate rate of tuition by not more than two
    21  hundred  dollars over the resident undergraduate rate of tuition adopted
    22  by the board of trustees in the prior academic year,  provided,  however
    23  that  if  the annual resident undergraduate rate of tuition would exceed
    24  five thousand dollars, then a tuition credit for each eligible  student,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15001-03-0

        S. 7615--A                          2

     1  as  determined  and  calculated  by  the New York state higher education
     2  services corporation pursuant to section six  hundred  eighty-nine-a  of
     3  this  title, shall be applied toward the tuition charged for each semes-
     4  ter,  quarter  or  term  of study. Tuition for each semester, quarter or
     5  term of study shall not be due for any student eligible to receive  such
     6  tuition  credit  until  the  tuition  credit  is  calculated and applied
     7  against the tuition charged for the corresponding semester,  quarter  or
     8  term.  Provided,  further that the revenue resulting from an increase in
     9  the rate of tuition shall be allocated to each campus pursuant to a plan
    10  approved by the board of trustees to support investments in  new  class-
    11  room  faculty,  instruction,  initiatives to improve student success and
    12  on-time completion and a tuition credit for each eligible student.
    13    § 3. The opening paragraph  of  paragraph  (a)  of  subdivision  7  of
    14  section  6206  of the education law, as amended by section 2 of part JJJ
    15  of chapter 59 of the laws of 2017, is amended to read as follows:
    16    The board of trustees shall establish  positions,  departments,  divi-
    17  sions  and  faculties;  appoint and in accordance with the provisions of
    18  law fix salaries of instructional and non-instructional employees there-
    19  in; establish and conduct courses and curricula; prescribe conditions of
    20  student admission, attendance and discharge; and shall have the power to
    21  determine in its discretion whether tuition  shall  be  charged  and  to
    22  regulate  tuition charges, and other instructional and non-instructional
    23  fees and other fees and charges at the educational  units  of  the  city
    24  university;  provided,  however,  that  the  trustees shall not have the
    25  power to increase tuition, fees or other charges commencing with the two
    26  thousand twenty--two thousand twenty-one academic year and ending in the
    27  two thousand twenty-four--two thousand twenty-five  academic  year.  The
    28  trustees  shall  review  any proposed community college tuition increase
    29  and the justification for such increase. The justification  provided  by
    30  the  community college for such increase shall include a detailed analy-
    31  sis of ongoing operating costs, capital, debt service expenditures,  and
    32  all  revenues.  The  trustees  shall  not  impose a differential tuition
    33  charge based upon need or income.  All  students  enrolled  in  programs
    34  leading  to  like  degrees  at  the  senior  colleges shall be charged a
    35  uniform rate of tuition, except for differential tuition rates based  on
    36  state  residency. Notwithstanding any other provision of this paragraph,
    37  the trustees may authorize the setting of a separate category of tuition
    38  rate, that shall be greater than the tuition rate for resident  students
    39  and  less  than  the  tuition  rate  for non-resident students, only for
    40  students enrolled in distance learning courses who are not residents  of
    41  the state; provided, however, that:
    42    §  4.  The  opening  paragraph  of  paragraph  (a) of subdivision 7 of
    43  section 6206 of the education law, as amended by section  4  of  chapter
    44  437 of the laws of 2015, is amended to read as follows:
    45    The  board  of  trustees shall establish positions, departments, divi-
    46  sions and faculties; appoint and in accordance with  the  provisions  of
    47  law fix salaries of instructional and non-instructional employees there-
    48  in; establish and conduct courses and curricula; prescribe conditions of
    49  student admission, attendance and discharge; and shall have the power to
    50  determine  in  its  discretion  whether  tuition shall be charged and to
    51  regulate tuition charges, and other instructional and  non-instructional
    52  fees  and  other  fees  and charges at the educational units of the city
    53  university; provided, however, that the  trustees  shall  not  have  the
    54  power to increase tuition, fees or other charges commencing with the two
    55  thousand twenty--two thousand twenty-one academic year and ending in the
    56  two  thousand  twenty-four--two  thousand twenty-five academic year. The

        S. 7615--A                          3

     1  trustees shall review any proposed community  college  tuition  increase
     2  and  the  justification for such increase. The justification provided by
     3  the community college for such increase shall include a detailed  analy-
     4  sis  of ongoing operating costs, capital, debt service expenditures, and
     5  all revenues. The trustees  shall  not  impose  a  differential  tuition
     6  charge  based  upon  need  or  income. All students enrolled in programs
     7  leading to like degrees at  the  senior  colleges  shall  be  charged  a
     8  uniform  rate of tuition, except for differential tuition rates based on
     9  state residency. Notwithstanding any other provision of this  paragraph,
    10  the trustees may authorize the setting of a separate category of tuition
    11  rate,  that shall be greater than the tuition rate for resident students
    12  and less than the tuition  rate  for  non-resident  students,  only  for
    13  students  enrolled in distance learning courses who are not residents of
    14  the state. The trustees  shall  further  provide  that  the  payment  of
    15  tuition and fees by any student who is not a resident of New York state,
    16  other than a non-immigrant alien within the meaning of paragraph (15) of
    17  subsection  (a)  of  section  1101 of title 8 of the United States Code,
    18  shall be paid at a rate or charge  no  greater  than  that  imposed  for
    19  students who are residents of the state if such student:
    20    §  5.  Subparagraph  (ii) of paragraph (a) of subdivision 7 of section
    21  6206 of the education law, as amended by section 2 of part JJJ of  chap-
    22  ter 59 of the laws of 2017, is amended to read as follows:
    23    (ii) Commencing with the two thousand seventeen--two thousand eighteen
    24  academic year and ending in the [two thousand twenty--two thousand twen-
    25  ty-one]  two  thousand  nineteen--two  thousand twenty academic year the
    26  city university of New York board of  trustees  shall  be  empowered  to
    27  increase the resident undergraduate rate of tuition by not more than two
    28  hundred  dollars over the resident undergraduate rate of tuition adopted
    29  by the board of trustees in the prior academic  year,  provided  however
    30  that  if  the annual resident undergraduate rate of tuition would exceed
    31  five thousand dollars, then a tuition credit for each eligible  student,
    32  as  determined  and  calculated  by  the New York state higher education
    33  services corporation pursuant to section six  hundred  eighty-nine-a  of
    34  this  title, shall be applied toward the tuition charged for each semes-
    35  ter, quarter or term of study. Tuition for  each  semester,  quarter  or
    36  term  of study shall not be due for any student eligible to receive such
    37  tuition credit until  the  tuition  credit  is  calculated  and  applied
    38  against  the  tuition charged for the corresponding semester, quarter or
    39  term. Provided, further that the revenue resulting from an  increase  in
    40  the rate of tuition shall be allocated to each campus pursuant to a plan
    41  approved  by  the board of trustees to support investments in new class-
    42  room faculty, instruction, initiatives to improve  student  success  and
    43  on-time completion and a tuition credit for each eligible student.
    44    §  6.  The  boards of trustees of the state university of New York and
    45  the city university of New York shall study, or cause to be studied, the
    46  growing difference between the state's tuition assistance program  fund-
    47  ing  for  students  and actual tuition, fees and administrative costs at
    48  the state's and city's public universities. Such report  shall  investi-
    49  gate  and  propose  funding sources for eliminating the gap between full
    50  funding and actual costs. In conducting  such  study  the  boards  shall
    51  solicit  input  from representatives of student government organizations
    52  from among the state and city universities. Such report shall be submit-
    53  ted to the governor, the temporary  president  of  the  senate  and  the
    54  speaker  of  the  assembly within one year of the effective date of this
    55  act.

        S. 7615--A                          4

     1    § 7. Subitem (c) of item 1 of clause (A) of subparagraph (i) of  para-
     2  graph a of subdivision 3 of section 667 of the education law, as amended
     3  by  section 1 of part U of chapter 56 of the laws of 2014, is amended to
     4  read as follows:
     5    (c) For students first receiving aid in two thousand--two thousand one
     6  and  thereafter,  five thousand dollars, except starting in two thousand
     7  [fourteen-two] fourteen--two thousand fifteen  and  [thereafter]  before
     8  two  thousand  twenty  such  students  shall  receive  five thousand one
     9  hundred sixty-five dollars, beginning in two thousand twenty--two  thou-
    10  sand  twenty-one  such students shall receive five thousand five hundred
    11  sixty-five dollars, beginning in two thousand  twenty-one--two  thousand
    12  twenty-two  such  students  shall  receive  five  thousand  nine hundred
    13  sixty-five dollars, beginning in two thousand  twenty-two--two  thousand
    14  twenty-three  such  students  shall  receive  six thousand three hundred
    15  sixty-five dollars, beginning in two thousand twenty-three--two thousand
    16  twenty-four such students  shall  receive  six  thousand  seven  hundred
    17  sixty-five  dollars, beginning in two thousand twenty-four--two thousand
    18  twenty-five and thereafter such students shall  receive  seven  thousand
    19  one hundred sixty-five dollars; or
    20    §  8.  This  act shall take effect immediately; provided that: (a) the
    21  amendments to clause (ii) of subparagraph 4 of paragraph h  of  subdivi-
    22  sion  2  of section 355 of the education law made by section two of this
    23  act shall not affect the expiration and reversion of  such  subparagraph
    24  and shall expire and be deemed repealed therewith; (b) the amendments to
    25  the  opening paragraph of paragraph (a) of subdivision 7 of section 6206
    26  of the education law made by section three of this act shall not  affect
    27  the expiration and reversion of such paragraph pursuant to section 16 of
    28  chapter  260  of  the  laws of 2011, as amended, when upon such date the
    29  provisions of section four of this act shall take effect;  (c)  and  the
    30  amendments  to  subparagraph  (ii)  of paragraph (a) of subdivision 7 of
    31  section 6206 of the education law made by section five of this act shall
    32  not affect the expiration of such paragraph  and  shall  expire  and  be
    33  deemed repealed therewith.
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