Bill Text: NY A04100 | 2017-2018 | General Assembly | Introduced
Bill Title: Makes tuition free for New York state residents at SUNY and CUNY schools and community colleges; requires community service and state residency and employment for a period of five years after completion of academic program.
Spectrum: Partisan Bill (Democrat 66-0)
Status: (Introduced - Dead) 2018-01-03 - referred to higher education [A04100 Detail]
Download: New_York-2017-A04100-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4100 2017-2018 Regular Sessions IN ASSEMBLY February 1, 2017 ___________ Introduced by M. of A. SKOUFIS, GOTTFRIED, ABINANTI, BENEDETTO, BRAUN- STEIN, BRINDISI, COLTON, GUNTHER, JAFFEE, KIM, LIFTON, M. G. MILLER, MOSLEY, PEOPLES-STOKES, PICHARDO, RODRIGUEZ, SKARTADOS, STECK, SANTA- BARBARA, HOOPER, MAYER, RAMOS, FAHY, ROSENTHAL, SOLAGES, BARRETT, STIRPE, JEAN-PIERRE, ROZIC, BICHOTTE, BRONSON, BARRON, CRESPO, COOK, TITONE, ARROYO, JOYNER, ORTIZ, BLAKE, CAHILL, LAVINE, SIMON, HEVESI, ENGLEBRIGHT, DINOWITZ, DAVILA, AUBRY, WRIGHT, PRETLOW, SIMOTAS, HIKIND, LENTOL, WALKER, ABBATE, SIMANOWITZ, GJONAJ, RICHARDSON, HYND- MAN, HARRIS, HUNTER -- Multi-Sponsored by -- M. of A. CUSICK, DenDEKK- ER, LUPARDO, PAULIN, PERRY, RIVERA, RYAN, THIELE, TITUS -- read once and referred to the Committee on Higher Education AN ACT to amend the education law, in relation to enacting "Tuition-Free NY" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as "Tuition-Free 2 NY". 3 § 2. Paragraph h of subdivision 2 of section 355 of the education law 4 is amended by adding a new subparagraph 1-a to read as follows: 5 (1-a) The trustees shall implement a program to permit any student who 6 has been admitted to a state-operated institution of the state universi- 7 ty to attend without the payment of tuition and fees if such student 8 fulfills the requirements of such program pursuant to the provisions of 9 this subparagraph. The provisions of this subparagraph shall only apply 10 to costs of one undergraduate degree and any additional costs associated 11 with more than one simultaneous undergraduate degree shall not be 12 covered by this program. 13 (i) The trustees shall provide an application process and administer 14 the program according to the following criteria: 15 (A) Any student eligible for resident tuition rates is eligible for 16 this program. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04593-04-7A. 4100 2 1 (B) The student shall be required to perform a minimum of twenty-five 2 hours of community service for each year of participation in the 3 program. The president of each institution or his or her designee or 4 designees shall be authorized to issue waivers which permit students to 5 meet this service requirement by performing services for non-qualifying 6 organizations or, generally, the surrounding community; provided that 7 the hour requirement is met and such president or his or her designee or 8 designees is satisfied that the work performed benefits the community. 9 (C) A student shall be required to sign a contract agreeing to reside 10 in New York state for a period of five years subsequent to completion of 11 his or her academic program. 12 (D) Students shall be required to complete their degree program within 13 a minimum period of time to be set by the trustees which shall be no 14 less than three years and no more than five years. 15 (E) A student who benefited from the program outlined in this subpara- 16 graph shall be allowed to attend an out-of-state graduate school without 17 any penalty if such student pursues a graduate degree. Once such student 18 concludes his or her graduate school studies, such student shall return 19 to New York within one year for residency, per the program's require- 20 ments, or else the undergraduate benefit will turn into a student loan 21 pursuant to the provisions of clause (ii) of this subparagraph. 22 (F) A student who benefited from the program outlined in this subpara- 23 graph who is on active duty in the armed forces of the United States 24 shall not be penalized if such student maintains his or her legal resi- 25 dence in the state of New York, during such service. "Legal residence" 26 as used in this subclause shall mean the place where a member of the 27 military intends to return and live after discharge or retirement, and 28 which they consider their permanent home. Legal residency shall be 29 determined by what local and state tax laws a member of the military is 30 subject to, and in which state they may vote. 31 (ii) If a student or former student fails to fulfill any of the 32 requirements set forth in clause (i) of this subparagraph, the trustees 33 shall convert to a student loan the full amount of the tuition which 34 would have been paid by such student, as determined by the New York 35 state higher education services corporation, plus interest, according to 36 a schedule to be determined by such corporation. Such repayment may 37 also be required if a recipient fails to respond to requests for infor- 38 mation necessary to determine continued eligibility or for adminis- 39 tration of the program. The terms and conditions of this clause shall 40 be deferred for students who enroll on at least a half-time basis in an 41 approved undergraduate, graduate or higher degree program or other 42 professional licensure degree program until they are conferred a degree, 43 and shall also be deferred for any interruption in undergraduate study 44 as established by the rules and regulations of the corporation. The 45 terms and conditions of this clause may also be deferred for a grace 46 period, to be established by the corporation, following the completion 47 of an approved undergraduate program or a graduate or higher degree 48 program or other professional licensure degree program. Notwithstanding 49 any provisions of this clause to the contrary, the corporation is 50 authorized to promulgate rules and regulations to provide for the waiver 51 or suspension of any financial obligation which would involve extreme 52 hardship. 53 (iii) Any student who elects to participate in the program under this 54 subparagraph shall be required to apply for tuition assistance program 55 funding. Funds awarded on the tuition assistance program shall beA. 4100 3 1 applied towards the cost of tuition prior to an award under this subpar- 2 agraph. 3 (iv) Students shall be responsible for all other costs including hous- 4 ing, fees and other non-tuition related charges. 5 (v) (A) This program shall not apply in academic years commencing on 6 or before the effective date of this subparagraph. (B) For the first two 7 years after the effective date of this subparagraph, this program shall 8 only apply to students attending community colleges as defined by subdi- 9 vision two of section sixty-three hundred one of this chapter. (C) In 10 all other years, this program shall apply to all students attending 11 SUNY, CUNY, and community colleges of the state. 12 § 3. Subdivision 7 of section 6206 of the education law is amended by 13 adding a new paragraph (d) to read as follows: 14 (d) The trustees shall implement a program to permit any student who 15 has been admitted to an institution operated by the city university to 16 attend without the payment of tuition and fees if such student fulfills 17 the requirements of such program pursuant to the provisions of this 18 paragraph. 19 (i) The trustees shall provide an application process and administer 20 the program according to the following criteria: 21 (A) Any student eligible for resident tuition rates is eligible for 22 this program. 23 (B) The student shall be required to perform a minimum of twenty-five 24 hours of community service for each year of participation in the 25 program. The president of each institution or his or her designee or 26 designees shall be authorized to issue waivers which permit students to 27 meet this service requirement by performing services for non-qualifying 28 organizations or, generally, the surrounding community; provided that 29 the hour requirement is met and such president or his or her designee or 30 designees is satisfied that the work performed benefits the community. 31 (C) A student shall be required to sign a contract agreeing to reside 32 in New York state for a period of five years subsequent to completion of 33 his or her academic program. 34 (D) Students shall be required to complete their degree program within 35 a minimum period of time to be set by the trustees which shall be no 36 less than three years and no more than five years. 37 (E) A student who benefited from the program outlined in this para- 38 graph shall be allowed to attend an out-of-state graduate school without 39 any penalty if such student pursues a graduate degree. Once such student 40 concludes his or her graduate school studies, such student shall return 41 to New York within one year for residency per the program's require- 42 ments, or else the undergraduate benefit will turn into a student loan 43 pursuant to the provisions of subparagraph (ii) of this paragraph. 44 (F) A student who benefited from the program outlined in this para- 45 graph who is on active duty in the armed forces of the United States 46 shall not be penalized if such student maintains his or her legal resi- 47 dence in the state of New York, during such service. "Legal residence" 48 as used in this clause shall mean the place where a member of the mili- 49 tary intends to return and live after discharge or retirement, and which 50 they consider their permanent home. Legal residency shall be determined 51 by what local and state tax laws a member of the military is subject to, 52 and in which state they may vote. 53 (ii) If a student or former student fails to fulfill any of the 54 requirements set forth in subparagraph (i) of this paragraph, the trus- 55 tees shall convert to a student loan the full amount of the tuition 56 which would have been paid by such student, as determined by the NewA. 4100 4 1 York state higher education services corporation, plus interest, accord- 2 ing to a schedule to be determined by such corporation. Such repayment 3 may also be required if a recipient fails to respond to requests for 4 information necessary to determine continued eligibility or for adminis- 5 tration of the program. The terms and conditions of this clause shall 6 be deferred for students who enroll on at least a half-time basis in an 7 approved undergraduate, graduate or higher degree program or other 8 professional licensure degree program until they are conferred a degree, 9 and shall also be deferred for any interruption in undergraduate study 10 as established by the rules and regulations of the corporation. The 11 terms and conditions of this clause may also be deferred for a grace 12 period, to be established by the corporation, following the completion 13 of an approved undergraduate program or a graduate or higher degree 14 program or other professional licensure degree program. Notwithstanding 15 any provisions of this clause to the contrary, the corporation is 16 authorized to promulgate rules and regulations to provide for the waiver 17 or suspension of any financial obligation which would involve extreme 18 hardship. 19 (iii) Any student who elects to participate in the program under this 20 paragraph shall be required to apply for tuition assistance program 21 funding. Funds awarded on the tuition assistance program shall be 22 applied towards the cost of tuition prior to an award under this subpar- 23 agraph. 24 (iv) Students shall be responsible for all other costs including hous- 25 ing, fees and other non-tuition related charges. 26 (v) The provisions of this subdivision shall not be subject to taxa- 27 tion. 28 (vi) (A) This program shall not apply in academic years commencing on 29 or before the effective date of this paragraph. (B) For the first two 30 years after the effective date of this paragraph, this program shall 31 only apply to students attending community colleges as defined by subdi- 32 vision two of section sixty-three hundred one of this title. (C) In all 33 other years, this program shall apply to all students attending SUNY, 34 CUNY and community colleges of the state. 35 § 4. Subdivision 1 of section 6304 of the education law is amended by 36 adding a new paragraph e to read as follows: 37 e. The trustees, sponsors or other governing body of a community 38 college shall implement a program to permit any student who has been 39 admitted to such community college to attend without the payment of 40 tuition and fees if such student fulfills the requirements of such 41 program pursuant to the provisions of this paragraph. 42 (i) The trustees shall provide an application process and administer 43 the program according to the following criteria: 44 (A) Any student eligible for resident tuition rates is eligible for 45 this program. 46 (B) The student shall be required to perform a minimum of twenty-five 47 hours of community service for each year of participation in the 48 program. The president or chief administrator of each community college 49 or his or her designee or designees shall be authorized to issue waivers 50 which permit students to meet this service requirement by performing 51 services for non-qualifying organizations; provided that the hour 52 requirement is met and such president, chief administrator or his or her 53 designee or designees is satisfied that the work performed benefits the 54 community.A. 4100 5 1 (C) A student shall be required to sign a contract agreeing to reside 2 in New York state for a period of five years subsequent to completion of 3 his or her academic program. 4 (D) Students shall be required to complete their degree program within 5 a minimum period of time to be set by the trustees which shall be no 6 less than one year and no more than three years. 7 (E) A student who benefited from the program outlined in this subpara- 8 graph shall be allowed to attend an out-of-state graduate school without 9 any penalty if such student pursues a graduate degree. Once such student 10 concludes his or her graduate school studies, such student shall return 11 to New York within one year for residency per the program's require- 12 ments, or else the undergraduate benefit will turn into a student loan 13 pursuant to the provisions of subparagraph (ii) of this paragraph. 14 (F) A student who benefited from the program outlined in this para- 15 graph who is on active duty in the armed forces of the United States 16 shall not be penalized if such student maintains his or her legal resi- 17 dence in the state of New York, during such service. "Legal residence" 18 as used in this clause shall mean the place where a member of the mili- 19 tary intends to return and live after discharge or retirement, and which 20 they consider their permanent home. Legal residency shall be determined 21 by what local and state tax laws a member of the military is subject to, 22 and in which state they may vote. 23 (ii) If a student or former student fails to fulfill any of the 24 requirements set forth in subparagraph (i) of this paragraph, the trus- 25 tees shall convert to a student loan the full amount of the tuition 26 which would have been paid by such student, as determined by the New 27 York state higher education services corporation, plus interest, accord- 28 ing to a schedule to be determined by such corporation. Such repayment 29 may also be required if a recipient fails to respond to requests for 30 information necessary to determine continued eligibility or for adminis- 31 tration of the program. The terms and conditions of this subparagraph 32 shall be deferred for students who enroll on at least a half-time basis 33 in an approved undergraduate, graduate or higher degree program or other 34 professional licensure degree program until they are conferred a degree, 35 and shall also be deferred for any interruption in undergraduate study 36 as established by the rules and regulations of the corporation. The 37 terms and conditions of this subparagraph may also be deferred for a 38 grace period, to be established by the corporation, following the 39 completion of an approved undergraduate program or a graduate or higher 40 degree program or other professional licensure degree program. Notwith- 41 standing any provisions of this subparagraph to the contrary, the corpo- 42 ration is authorized to promulgate rules and regulations to provide for 43 the waiver or suspension of any financial obligation which would involve 44 extreme hardship. 45 (iii) Any student who elects to participate in the program under this 46 paragraph shall be required to apply for tuition assistance program 47 funding. Funds awarded on the tuition assistance program shall be 48 applied towards the cost of tuition prior to an award under this subpar- 49 agraph. 50 (iv) Students shall be responsible for all other costs including hous- 51 ing, fees and other non-tuition related charges. 52 (v) (A) This program shall not apply in academic years commencing on 53 or before the effective date of this paragraph. (B) For the first two 54 years after the effective date of this paragraph, this program shall 55 only apply to students attending community colleges as defined by subdi- 56 vision two of section sixty-three hundred one of this article. (C) InA. 4100 6 1 all other years, this program shall apply to all students attending 2 SUNY, CUNY and community colleges of the state. 3 § 5. Subdivision 1 of section 6304 of the education law is amended by 4 adding a new paragraph a-1 to read as follows: 5 a-1. State financial aid shall be increased above the one-third amount 6 of operating costs set forth in paragraph a of this subdivision by an 7 amount which is equal to the cost of tuition awarded to students who 8 apply and qualify for the program set forth in paragraph e of this 9 subdivision. 10 § 6. This act shall take effect on the first of April next succeeding 11 the date on which it shall have become a law; provided, however, effec- 12 tive immediately, the addition, amendment and/or repeal of any rule or 13 regulation necessary for the implementation of this act on its effective 14 date are authorized to be made and completed on or before such effective 15 date.