Bill Text: NY S01739 | 2021-2022 | General Assembly | Introduced
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) 2022-01-05 - REFERRED TO HIGHER EDUCATION [S01739 Detail]
Download: New_York-2021-S01739-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1739 2021-2022 Regular Sessions IN SENATE January 14, 2021 ___________ Introduced by Sens. SKOUFIS, BIAGGI, RIVERA, SANDERS -- 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) A student shall be required to sign a contract agreeing to reside 18 in New York state for a period of five years subsequent to completion of 19 his or her academic program. 20 (C) Students shall be required to complete their degree program within 21 a minimum period of time to be set by the trustees which shall be no 22 less than three years and no more than five years. 23 (D) A student who benefited from the program outlined in this subpara- 24 graph shall be allowed to attend an out-of-state graduate school without EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00477-01-1S. 1739 2 1 any penalty if such student pursues a graduate degree. Once such student 2 concludes his or her graduate school studies, such student shall return 3 to New York within one year for residency, per the program's require- 4 ments, or else the undergraduate benefit will turn into a student loan 5 pursuant to the provisions of clause (ii) of this subparagraph. 6 (E) A student who benefited from the program outlined in this subpara- 7 graph who is on active duty in the armed forces of the United States 8 shall not be penalized if such student maintains his or her legal resi- 9 dence in the state of New York, during such service. "Legal residence" 10 as used in this subclause shall mean the place where a member of the 11 military intends to return and live after discharge or retirement, and 12 which they consider their permanent home. Legal residency shall be 13 determined by what local and state tax laws a member of the military is 14 subject to, and in which state they may vote. 15 (ii) If a student or former student fails to fulfill any of the 16 requirements set forth in clause (i) of this subparagraph, the trustees 17 shall convert to a student loan the full amount of the tuition which 18 would have been paid by such student, as determined by the New York 19 state higher education services corporation, plus interest, according to 20 a schedule to be determined by such corporation. Such repayment may 21 also be required if a recipient fails to respond to requests for infor- 22 mation necessary to determine continued eligibility or for adminis- 23 tration of the program. The terms and conditions of this clause shall 24 be deferred for students who enroll on at least a half-time basis in an 25 approved undergraduate, graduate or higher degree program or other 26 professional licensure degree program until they are conferred a degree, 27 and shall also be deferred for any interruption in undergraduate study 28 as established by the rules and regulations of the corporation. The 29 terms and conditions of this clause may also be deferred for a grace 30 period, to be established by the corporation, following the completion 31 of an approved undergraduate program or a graduate or higher degree 32 program or other professional licensure degree program. Notwithstanding 33 any provisions of this clause to the contrary, the corporation is 34 authorized to promulgate rules and regulations to provide for the waiver 35 or suspension of any financial obligation which would involve extreme 36 hardship. 37 (iii) Any student who elects to participate in the program under this 38 subparagraph shall be required to apply for tuition assistance program 39 funding. Funds awarded on the tuition assistance program shall be 40 applied towards the cost of tuition prior to an award under this subpar- 41 agraph. 42 (iv) Students shall be responsible for all other costs including hous- 43 ing, fees and other non-tuition related charges. 44 (v) (A) This program shall not apply in academic years commencing on 45 or before the effective date of this subparagraph. (B) For the first two 46 years after the effective date of this subparagraph, this program shall 47 only apply to students attending community colleges as defined by subdi- 48 vision two of section sixty-three hundred one of this chapter. (C) In 49 all other years, this program shall apply to all students attending 50 SUNY, CUNY, and community colleges of the state. 51 § 3. Subdivision 7 of section 6206 of the education law is amended by 52 adding a new paragraph (f) to read as follows: 53 (f) The trustees shall implement a program to permit any student who 54 has been admitted to an institution operated by the city university to 55 attend without the payment of tuition and fees if such student fulfillsS. 1739 3 1 the requirements of such program pursuant to the provisions of this 2 paragraph. 3 (i) The trustees shall provide an application process and administer 4 the program according to the following criteria: 5 (A) Any student eligible for resident tuition rates is eligible for 6 this program. 7 (B) A student shall be required to sign a contract agreeing to reside 8 in New York state for a period of five years subsequent to completion of 9 his or her academic program. 10 (C) Students shall be required to complete their degree program within 11 a minimum period of time to be set by the trustees which shall be no 12 less than three years and no more than five years. 13 (D) A student who benefited from the program outlined in this para- 14 graph shall be allowed to attend an out-of-state graduate school without 15 any penalty if such student pursues a graduate degree. Once such student 16 concludes his or her graduate school studies, such student shall return 17 to New York within one year for residency per the program's require- 18 ments, or else the undergraduate benefit will turn into a student loan 19 pursuant to the provisions of subparagraph (ii) of this paragraph. 20 (E) A student who benefited from the program outlined in this para- 21 graph who is on active duty in the armed forces of the United States 22 shall not be penalized if such student maintains his or her legal resi- 23 dence in the state of New York, during such service. "Legal residence" 24 as used in this clause shall mean the place where a member of the mili- 25 tary intends to return and live after discharge or retirement, and which 26 they consider their permanent home. Legal residency shall be determined 27 by what local and state tax laws a member of the military is subject to, 28 and in which state they may vote. 29 (ii) If a student or former student fails to fulfill any of the 30 requirements set forth in subparagraph (i) of this paragraph, the trus- 31 tees shall convert to a student loan the full amount of the tuition 32 which would have been paid by such student, as determined by the New 33 York state higher education services corporation, plus interest, accord- 34 ing to a schedule to be determined by such corporation. Such repayment 35 may also be required if a recipient fails to respond to requests for 36 information necessary to determine continued eligibility or for adminis- 37 tration of the program. The terms and conditions of this clause shall 38 be deferred for students who enroll on at least a half-time basis in an 39 approved undergraduate, graduate or higher degree program or other 40 professional licensure degree program until they are conferred a degree, 41 and shall also be deferred for any interruption in undergraduate study 42 as established by the rules and regulations of the corporation. The 43 terms and conditions of this clause may also be deferred for a grace 44 period, to be established by the corporation, following the completion 45 of an approved undergraduate program or a graduate or higher degree 46 program or other professional licensure degree program. Notwithstanding 47 any provisions of this clause to the contrary, the corporation is 48 authorized to promulgate rules and regulations to provide for the waiver 49 or suspension of any financial obligation which would involve extreme 50 hardship. 51 (iii) Any student who elects to participate in the program under this 52 paragraph shall be required to apply for tuition assistance program 53 funding. Funds awarded on the tuition assistance program shall be 54 applied towards the cost of tuition prior to an award under this subpar- 55 agraph.S. 1739 4 1 (iv) Students shall be responsible for all other costs including hous- 2 ing, fees and other non-tuition related charges. 3 (v) The provisions of this subdivision shall not be subject to taxa- 4 tion. 5 (vi) (A) This program shall not apply in academic years commencing on 6 or before the effective date of this paragraph. (B) For the first two 7 years after the effective date of this paragraph, 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 title. (C) In all 10 other years, this program shall apply to all students attending SUNY, 11 CUNY and community colleges of the state. 12 § 4. Subdivision 1 of section 6304 of the education law is amended by 13 adding a new paragraph e to read as follows: 14 e. The trustees, sponsors or other governing body of a community 15 college shall implement a program to permit any student who has been 16 admitted to such community college to attend without the payment of 17 tuition and fees if such student fulfills the requirements of such 18 program pursuant to the provisions of this 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) A student shall be required to sign a contract agreeing to reside 24 in New York state for a period of five years subsequent to completion of 25 his or her academic program. 26 (C) Students shall be required to complete their degree program within 27 a minimum period of time to be set by the trustees which shall be no 28 less than one year and no more than three years. 29 (D) A student who benefited from the program outlined in this subpara- 30 graph shall be allowed to attend an out-of-state graduate school without 31 any penalty if such student pursues a graduate degree. Once such student 32 concludes his or her graduate school studies, such student shall return 33 to New York within one year for residency per the program's require- 34 ments, or else the undergraduate benefit will turn into a student loan 35 pursuant to the provisions of subparagraph (ii) of this paragraph. 36 (E) A student who benefited from the program outlined in this para- 37 graph who is on active duty in the armed forces of the United States 38 shall not be penalized if such student maintains his or her legal resi- 39 dence in the state of New York, during such service. "Legal residence" 40 as used in this clause shall mean the place where a member of the mili- 41 tary intends to return and live after discharge or retirement, and which 42 they consider their permanent home. Legal residency shall be determined 43 by what local and state tax laws a member of the military is subject to, 44 and in which state they may vote. 45 (ii) If a student or former student fails to fulfill any of the 46 requirements set forth in subparagraph (i) of this paragraph, the trus- 47 tees shall convert to a student loan the full amount of the tuition 48 which would have been paid by such student, as determined by the New 49 York state higher education services corporation, plus interest, accord- 50 ing to a schedule to be determined by such corporation. Such repayment 51 may also be required if a recipient fails to respond to requests for 52 information necessary to determine continued eligibility or for adminis- 53 tration of the program. The terms and conditions of this subparagraph 54 shall be deferred for students who enroll on at least a half-time basis 55 in an approved undergraduate, graduate or higher degree program or other 56 professional licensure degree program until they are conferred a degree,S. 1739 5 1 and shall also be deferred for any interruption in undergraduate study 2 as established by the rules and regulations of the corporation. The 3 terms and conditions of this subparagraph may also be deferred for a 4 grace period, to be established by the corporation, following the 5 completion of an approved undergraduate program or a graduate or higher 6 degree program or other professional licensure degree program. Notwith- 7 standing any provisions of this subparagraph to the contrary, the corpo- 8 ration is authorized to promulgate rules and regulations to provide for 9 the waiver or suspension of any financial obligation which would involve 10 extreme hardship. 11 (iii) Any student who elects to participate in the program under this 12 paragraph shall be required to apply for tuition assistance program 13 funding. Funds awarded on the tuition assistance program shall be 14 applied towards the cost of tuition prior to an award under this subpar- 15 agraph. 16 (iv) Students shall be responsible for all other costs including hous- 17 ing, fees and other non-tuition related charges. 18 (v) (A) This program shall not apply in academic years commencing on 19 or before the effective date of this paragraph. (B) For the first two 20 years after the effective date of this paragraph, this program shall 21 only apply to students attending community colleges as defined by subdi- 22 vision two of section sixty-three hundred one of this article. (C) In 23 all other years, this program shall apply to all students attending 24 SUNY, CUNY and community colleges of the state. 25 § 5. Subdivision 1 of section 6304 of the education law is amended by 26 adding a new paragraph a-1 to read as follows: 27 a-1. State financial aid shall be increased above the one-third amount 28 of operating costs set forth in paragraph a of this subdivision by an 29 amount which is equal to the cost of tuition awarded to students who 30 apply and qualify for the program set forth in paragraph e of this 31 subdivision. 32 § 6. This act shall take effect on the first of April next succeeding 33 the date on which it shall have become a law. Effective immediately, 34 the addition, amendment and/or repeal of any rule or regulation neces- 35 sary for the implementation of this act on its effective date are 36 authorized to be made and completed on or before such effective date.
