STATE OF NEW YORK ________________________________________________________________________ 5100 2019-2020 Regular Sessions IN ASSEMBLY February 7, 2019 ___________ Introduced by M. of A. MALLIOTAKIS -- read once and referred to the Committee on Higher Education AN ACT to amend the education law, in relation to TAP awards The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 1 and 2 of section 667 of the education law, 2 subdivision 1 as amended by chapter 622 of the laws of 2008 and subdivi- 3 sion 2 as amended by chapter 400 of the laws of 2018, are amended to 4 read as follows: 5 1. Recipient qualifications. Tuition assistance program awards are 6 available for all students who are enrolled in approved programs and who 7 demonstrate the ability to complete such courses, in accordance with 8 standards established by the commissioner provided, however, that no 9 award shall be made unless tuition (exclusive of educational fees) and, 10 if applicable, the college fee levied by the state university of New 11 York pursuant to the April first, nineteen hundred sixty-four financing 12 agreements with the New York state dormitory authority charged for the 13 program in which the student is enrolled total at least two hundred 14 dollars a year, and provided further that, no award can exceed one 15 hundred percent of the amount of tuition charged. Nothing in this 16 section, section six hundred sixty-one of this part, or any other 17 provision of this chapter shall be read to exclude any graduate program 18 from classification by the commissioner as an approved program for the 19 purposes of this section. 20 2. Duration. No undergraduate shall be eligible for more than four 21 academic years of study, or five academic years if the program of study 22 normally requires five years. Students enrolled in a program of remedial 23 study, approved by the commissioner in an institution of higher educa- 24 tion and intended to culminate in a degree in undergraduate study shall, 25 for purposes of this section, be considered as enrolled in a program of 26 study normally requiring five years. An undergraduate student enrolled EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09521-01-9

A. 5100 2 1 in an eligible two year program of study approved by the commissioner 2 shall be eligible for no more than three academic years of study. No 3 graduate student shall be eligible for more than four academic years of 4 study provided, however, that no graduate student shall be eligible for 5 more than one degree program at the master's, first professional or 6 doctorate level. No student shall be eligible for a total of more than 7 the equivalent of eight years of combined undergraduate and graduate 8 study. An undergraduate student enrolled in an approved two or four-year 9 program of study approved by the commissioner who must transfer to 10 another institution as a result of permanent college closure shall be 11 eligible for two additional semesters, or their equivalent, as deter- 12 mined by the commissioner, in order to complete his or her program. Any 13 semester, quarter, or term of attendance during which a student receives 14 any award under this article, after the effective date of the former 15 scholar incentive program and prior to academic year nineteen hundred 16 eighty-nine--nineteen hundred ninety, shall be counted toward the maxi- 17 mum term of eligibility for tuition assistance under this section, 18 except that any semester, quarter or term of attendance during which a 19 student received an award pursuant to section six hundred sixty-six of 20 this subpart shall be counted as one-half of a semester, quarter or 21 term, as the case may be, toward the maximum term of eligibility under 22 this section. Any semester, quarter or term of attendance during which a 23 student received an award pursuant to section six hundred sixty-seven-a 24 of this subpart shall not be counted toward the maximum term of eligi- 25 bility under this section. 26 § 2. Subitem (c) of item 1 of clause (A) of subparagraph (i) of para- 27 graph (a) of subdivision 3 of section 667 of the education law, as 28 amended by section 1 of part U of chapter 56 of the laws of 2014, is 29 amended to read as follows: 30 (c) For students first receiving aid in two thousand--two thousand one 31 and thereafter, five thousand dollars, except starting in two thousand 32 fourteen-two thousand fifteen and thereafter such students shall receive 33 five thousand one hundred sixty-five dollars, except starting in two 34 thousand nineteen--two thousand twenty and thereafter such students 35 shall receive five thousand six hundred sixty-five dollars, except 36 starting in two thousand twenty--two thousand twenty-one and thereafter 37 such students shall receive six thousand sixty-eight dollars, except 38 starting in two thousand twenty-one--two thousand twenty-two and there- 39 after such students shall receive six thousand four hundred seventy 40 dollars; or 41 § 3. Subitem (a) of item 2 of clause (A) of subparagraph (i) of para- 42 graph a of subdivision 3 of section 667 of the education law, as amended 43 by section 2 of part H of chapter 58 of the laws of 2011, is amended to 44 read as follows: 45 (a) For students first receiving aid in nineteen hundred ninety-four 46 --nineteen hundred ninety-five and nineteen hundred ninety-five--nine- 47 teen hundred ninety-six and thereafter, three thousand five hundred 48 twenty-five dollars, or 49 § 4. Subparagraph (ii) of paragraph a of subdivision 3 of section 667 50 of the education law is amended by adding a new closing paragraph to 51 read as follows: 52 Provided, however, starting in two thousand nineteen--two thousand 53 twenty and thereafter the amount of income shall be eighteen thousand 54 dollars or more, but no more than one hundred thousand dollars. 55 Provided, however, starting in two thousand twenty--two thousand twen- 56 ty-one and thereafter the amount of income shall be eighteen thousand

A. 5100 3 1 dollars or more, but no more than one hundred ten thousand dollars. 2 Provided, however, starting in two thousand twenty-one--two thousand 3 twenty-two and thereafter the amount of income shall be eighteen thou- 4 sand dollars or more, but no more than one hundred twenty-five thousand 5 dollars. 6 § 4-a. Subparagraph (vi) of paragraph a of subdivision 3 of section 7 667 of the education law, as amended by section 1 of part B of chapter 8 60 of the laws of 2000, is amended to read as follows: 9 (vi) For the two thousand two--two thousand three academic year and 10 thereafter, the award shall be the net amount of the base amount deter- 11 mined pursuant to subparagraph (i) of this paragraph reduced pursuant to 12 subparagraph (ii) or (iii) of this paragraph but the award shall not be 13 reduced below [~~five hundred~~] one thousand dollars. 14 § 5. Subparagraph (iii) of paragraph a of subdivision 3 of section 667 15 of the education law is amended by adding a new closing paragraph to 16 read as follows: 17 Provided, however, starting in two thousand nineteen--two thousand 18 twenty and thereafter the amount of income shall be eighteen thousand 19 dollars or more, but no more than one hundred thousand dollars. 20 Provided, however, starting in two thousand twenty--two thousand twen- 21 ty-one and thereafter the amount of income shall be eighteen thousand 22 dollars or more, but no more than one hundred ten thousand dollars. 23 Provided, however, starting in two thousand twenty-one--two thousand 24 twenty-two and thereafter the amount of income shall be eighteen thou- 25 sand dollars or more, but no more than one hundred twenty-five thousand 26 dollars. 27 § 6. Item 1 of clause (A) of paragraph (i) of paragraph b of subdivi- 28 sion 3 of section 667 of the education law, as amended by chapter 309 of 29 the laws of 1996, is amended to read as follows: 30 (1) [~~eight hundred~~] one thousand three hundred dollars, or 31 § 7. Paragraph c of subdivision 3 of section 667 of the education law, 32 as relettered by section 2 of part J of chapter 58 of the laws of 2011, 33 is relettered paragraph d and new paragraph c is added to read as 34 follows: 35 c. Amount. The president shall make awards to graduate students in the 36 following amounts: 37 (i) for each year of graduate study, assistance shall be provided as 38 computed on the basis of the amount which is the lesser of the follow- 39 ing: (A) five hundred fifty dollars; or (B) ninety percent of the amount 40 of tuition (exclusive of education fees) charged, 41 (ii) except for students as noted in subparagraph (iii) of this para- 42 graph, the base amount as determined in subparagraph (i) of this para- 43 graph, shall be reduced in relation to income as follows: 44 Amount of income Schedule of reduction of 45 base amount 46 (A) Less than two thousand dollars None 47 (B) Two thousand dollars or more Seven and seven-tenths per 48 but not more than twenty centum of the excess over 49 thousand dollars two thousand dollars 50 (iii) For students who have been granted exclusion of parental income 51 and were single with no dependents for income tax purposes during the 52 tax year next preceding the academic year for which application is made, 53 the base amount as determined in subparagraph (i) of this paragraph, 54 shall be reduced in relation to income as follows:

A. 5100 4 1 Amount of income Schedule of reduction of base 2 amount 3 (A) Less than one thousand None 4 dollars 5 (B) One thousand dollars or Twenty-six per centum of the 6 more, but not more than excess over one thousand dollars 7 five thousand six 8 hundred sixty-six dollars 9 (iv) If the amount of reduction is not a whole dollar, it shall be 10 reduced to the next lowest whole dollar. 11 (v) The award shall be the net amount of the base amount determined 12 pursuant to subparagraph (ii) or (iii) of this paragraph but the award 13 shall not be reduced below seventy-five dollars. If the income exceeds 14 the maximum amount of income allowable under subparagraph (ii) or (iii) 15 of this paragraph, no award shall be made. 16 § 8. Paragraph a, the opening paragraph of subparagraph 1 of paragraph 17 b and paragraph d of subdivision 3 of section 663 of the education law, 18 paragraph a as amended by section 4, the opening paragraph of subpara- 19 graph 1 of paragraph b as amended by section 5 and paragraph d as 20 amended by section 6 of part J of chapter 58 of the laws of 2011, are 21 amended to read as follows: 22 a. In determining the amount of an award for graduate and undergradu- 23 ate students, the income of the parents shall be excluded if the student 24 has been emancipated from his parents. 25 The applicant is a student who was married on or before December thir- 26 ty-first of the calendar year prior to the beginning of the academic 27 year for which application is made or is an undergraduate student who 28 has reached the age of twenty-two on or before June thirtieth prior to 29 the academic year for which application is made or is a graduate student 30 and who, during the calendar year next preceding the semester, quarter 31 or term of attendance for which application is made and at all times 32 subsequent thereto up to and including the entire period for which 33 application is made: 34 d. Any graduate or undergraduate student who was allowed to exclude 35 parental income pursuant to the provisions of former subdivision three 36 of section six hundred three of this chapter as they existed prior to 37 July first, nineteen hundred seventy-four may continue to exclude such 38 income for so long as he continues to comply with such provisions. 39 § 9. This act shall take effect immediately.

Relates to TAP awards

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