Bill Text: NY S01725 | 2019-2020 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Makes tuition free for New York state residents at SUNY and CUNY schools and community colleges; requires state residency and employment for a period of five years after completion of academic program.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO HIGHER EDUCATION [S01725 Detail]
Download: New_York-2019-S01725-Introduced.html
Bill Title: Makes tuition free for New York state residents at SUNY and CUNY schools and community colleges; requires state residency and employment for a period of five years after completion of academic program.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO HIGHER EDUCATION [S01725 Detail]
Download: New_York-2019-S01725-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1725 2019-2020 Regular Sessions IN SENATE January 16, 2019 ___________ Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when printed to be committed 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. 17 (B) The student shall be required to perform a minimum of twenty-five 18 hours of community service for each year of participation in the 19 program. The president of each institution or his or her designee or 20 designees shall be authorized to issue waivers which permit students to 21 meet this service requirement by performing services for non-qualifying 22 organizations or, generally, the surrounding community; provided that 23 the hour requirement is met and such president or his or her designee or 24 designees is satisfied that the work performed benefits the community. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07320-01-9S. 1725 2 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 three years and no more than five 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 clause (ii) of this subparagraph. 14 (F) A student who benefited from the program outlined in this subpara- 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 subclause shall mean the place where a member of the 19 military intends to return and live after discharge or retirement, and 20 which they consider their permanent home. Legal residency shall be 21 determined by what local and state tax laws a member of the military is 22 subject to, 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 clause (i) of this subparagraph, the trustees 25 shall convert to a student loan the full amount of the tuition which 26 would have been paid by such student, as determined by the New York 27 state higher education services corporation, plus interest, according to 28 a schedule to be determined by such corporation. Such repayment may 29 also be required if a recipient fails to respond to requests for infor- 30 mation necessary to determine continued eligibility or for adminis- 31 tration of the program. The terms and conditions of this clause shall 32 be deferred for students who enroll on at least a half-time basis in an 33 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 clause may also be deferred for a grace 38 period, to be established by the corporation, following the completion 39 of an approved undergraduate program or a graduate or higher degree 40 program or other professional licensure degree program. Notwithstanding 41 any provisions of this clause to the contrary, the corporation is 42 authorized to promulgate rules and regulations to provide for the waiver 43 or suspension of any financial obligation which would involve extreme 44 hardship. 45 (iii) Any student who elects to participate in the program under this 46 subparagraph 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 subparagraph. (B) For the first two 54 years after the effective date of this subparagraph, 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 chapter. (C) InS. 1725 3 1 all other years, this program shall apply to all students attending 2 SUNY, CUNY, and community colleges of the state. 3 § 3. Subdivision 7 of section 6206 of the education law is amended by 4 adding a new paragraph (e) to read as follows: 5 (e) The trustees shall implement a program to permit any student who 6 has been admitted to an institution operated by the city university to 7 attend without the payment of tuition and fees if such student fulfills 8 the requirements of such program pursuant to the provisions of this 9 paragraph. 10 (i) The trustees shall provide an application process and administer 11 the program according to the following criteria: 12 (A) Any student eligible for resident tuition rates is eligible for 13 this program. 14 (B) The student shall be required to perform a minimum of twenty-five 15 hours of community service for each year of participation in the 16 program. The president of each institution or his or her designee or 17 designees shall be authorized to issue waivers which permit students to 18 meet this service requirement by performing services for non-qualifying 19 organizations or, generally, the surrounding community; provided that 20 the hour requirement is met and such president or his or her designee or 21 designees is satisfied that the work performed benefits the community. 22 (C) A student shall be required to sign a contract agreeing to reside 23 in New York state for a period of five years subsequent to completion of 24 his or her academic program. 25 (D) Students shall be required to complete their degree program within 26 a minimum period of time to be set by the trustees which shall be no 27 less than three years and no more than five years. 28 (E) A student who benefited from the program outlined in this para- 29 graph shall be allowed to attend an out-of-state graduate school without 30 any penalty if such student pursues a graduate degree. Once such student 31 concludes his or her graduate school studies, such student shall return 32 to New York within one year for residency per the program's require- 33 ments, or else the undergraduate benefit will turn into a student loan 34 pursuant to the provisions of subparagraph (ii) of this paragraph. 35 (F) A student who benefited from the program outlined in this para- 36 graph who is on active duty in the armed forces of the United States 37 shall not be penalized if such student maintains his or her legal resi- 38 dence in the state of New York, during such service. "Legal residence" 39 as used in this clause shall mean the place where a member of the mili- 40 tary intends to return and live after discharge or retirement, and which 41 they consider their permanent home. Legal residency shall be determined 42 by what local and state tax laws a member of the military is subject to, 43 and in which state they may vote. 44 (ii) If a student or former student fails to fulfill any of the 45 requirements set forth in subparagraph (i) of this paragraph, the trus- 46 tees shall convert to a student loan the full amount of the tuition 47 which would have been paid by such student, as determined by the New 48 York state higher education services corporation, plus interest, accord- 49 ing to a schedule to be determined by such corporation. Such repayment 50 may also be required if a recipient fails to respond to requests for 51 information necessary to determine continued eligibility or for adminis- 52 tration of the program. The terms and conditions of this clause shall 53 be deferred for students who enroll on at least a half-time basis in an 54 approved undergraduate, graduate or higher degree program or other 55 professional licensure degree program until they are conferred a degree, 56 and shall also be deferred for any interruption in undergraduate studyS. 1725 4 1 as established by the rules and regulations of the corporation. The 2 terms and conditions of this clause may also be deferred for a grace 3 period, to be established by the corporation, following the completion 4 of an approved undergraduate program or a graduate or higher degree 5 program or other professional licensure degree program. Notwithstanding 6 any provisions of this clause to the contrary, the corporation is 7 authorized to promulgate rules and regulations to provide for the waiver 8 or suspension of any financial obligation which would involve extreme 9 hardship. 10 (iii) Any student who elects to participate in the program under this 11 paragraph shall be required to apply for tuition assistance program 12 funding. Funds awarded on the tuition assistance program shall be 13 applied towards the cost of tuition prior to an award under this subpar- 14 agraph. 15 (iv) Students shall be responsible for all other costs including hous- 16 ing, fees and other non-tuition related charges. 17 (v) The provisions of this subdivision shall not be subject to taxa- 18 tion. 19 (vi) (A) This program shall not apply in academic years commencing on 20 or before the effective date of this paragraph. (B) For the first two 21 years after the effective date of this paragraph, this program shall 22 only apply to students attending community colleges as defined by subdi- 23 vision two of section sixty-three hundred one of this title. (C) In all 24 other years, this program shall apply to all students attending SUNY, 25 CUNY and community colleges of the state. 26 § 4. Subdivision 1 of section 6304 of the education law is amended by 27 adding a new paragraph e to read as follows: 28 e. The trustees, sponsors or other governing body of a community 29 college shall implement a program to permit any student who has been 30 admitted to such community college to attend without the payment of 31 tuition and fees if such student fulfills the requirements of such 32 program pursuant to the provisions of this paragraph. 33 (i) The trustees shall provide an application process and administer 34 the program according to the following criteria: 35 (A) Any student eligible for resident tuition rates is eligible for 36 this program. 37 (B) The student shall be required to perform a minimum of twenty-five 38 hours of community service for each year of participation in the 39 program. The president or chief administrator of each community college 40 or his or her designee or designees shall be authorized to issue waivers 41 which permit students to meet this service requirement by performing 42 services for non-qualifying organizations; provided that the hour 43 requirement is met and such president, chief administrator or his or her 44 designee or designees is satisfied that the work performed benefits the 45 community. 46 (C) A student shall be required to sign a contract agreeing to reside 47 in New York state for a period of five years subsequent to completion of 48 his or her academic program. 49 (D) Students shall be required to complete their degree program within 50 a minimum period of time to be set by the trustees which shall be no 51 less than one year and no more than three years. 52 (E) A student who benefited from the program outlined in this subpara- 53 graph shall be allowed to attend an out-of-state graduate school without 54 any penalty if such student pursues a graduate degree. Once such student 55 concludes his or her graduate school studies, such student shall return 56 to New York within one year for residency per the program's require-S. 1725 5 1 ments, or else the undergraduate benefit will turn into a student loan 2 pursuant to the provisions of subparagraph (ii) of this paragraph. 3 (F) A student who benefited from the program outlined in this para- 4 graph who is on active duty in the armed forces of the United States 5 shall not be penalized if such student maintains his or her legal resi- 6 dence in the state of New York, during such service. "Legal residence" 7 as used in this clause shall mean the place where a member of the mili- 8 tary intends to return and live after discharge or retirement, and which 9 they consider their permanent home. Legal residency shall be determined 10 by what local and state tax laws a member of the military is subject to, 11 and in which state they may vote. 12 (ii) If a student or former student fails to fulfill any of the 13 requirements set forth in subparagraph (i) of this paragraph, the trus- 14 tees shall convert to a student loan the full amount of the tuition 15 which would have been paid by such student, as determined by the New 16 York state higher education services corporation, plus interest, accord- 17 ing to a schedule to be determined by such corporation. Such repayment 18 may also be required if a recipient fails to respond to requests for 19 information necessary to determine continued eligibility or for adminis- 20 tration of the program. The terms and conditions of this subparagraph 21 shall be deferred for students who enroll on at least a half-time basis 22 in an approved undergraduate, graduate or higher degree program or other 23 professional licensure degree program until they are conferred a degree, 24 and shall also be deferred for any interruption in undergraduate study 25 as established by the rules and regulations of the corporation. The 26 terms and conditions of this subparagraph may also be deferred for a 27 grace period, to be established by the corporation, following the 28 completion of an approved undergraduate program or a graduate or higher 29 degree program or other professional licensure degree program. Notwith- 30 standing any provisions of this subparagraph to the contrary, the corpo- 31 ration is authorized to promulgate rules and regulations to provide for 32 the waiver or suspension of any financial obligation which would involve 33 extreme hardship. 34 (iii) Any student who elects to participate in the program under this 35 paragraph shall be required to apply for tuition assistance program 36 funding. Funds awarded on the tuition assistance program shall be 37 applied towards the cost of tuition prior to an award under this subpar- 38 agraph. 39 (iv) Students shall be responsible for all other costs including hous- 40 ing, fees and other non-tuition related charges. 41 (v) (A) This program shall not apply in academic years commencing on 42 or before the effective date of this paragraph. (B) For the first two 43 years after the effective date of this paragraph, this program shall 44 only apply to students attending community colleges as defined by subdi- 45 vision two of section sixty-three hundred one of this article. (C) In 46 all other years, this program shall apply to all students attending 47 SUNY, CUNY and community colleges of the state. 48 § 5. Subdivision 1 of section 6304 of the education law is amended by 49 adding a new paragraph a-1 to read as follows: 50 a-1. State financial aid shall be increased above the one-third amount 51 of operating costs set forth in paragraph a of this subdivision by an 52 amount which is equal to the cost of tuition awarded to students who 53 apply and qualify for the program set forth in paragraph e of this 54 subdivision. 55 § 6. This act shall take effect on the first of April next succeeding 56 the date on which it shall have become a law. Effective immediately,S. 1725 6 1 the addition, amendment and/or repeal of any rule or regulation neces- 2 sary for the implementation of this act on its effective date are 3 authorized to be made and completed on or before such effective date.