S T A T E   O F   N E W   Y O R K
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                                  4709

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 14, 2011
                               ___________

Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to amend the education law and the state finance law, in relation
  to tuition and state operating support of the state university of  New
  York;  and  repealing certain provisions of the education law relating
  thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subparagraph 4 of paragraph h of subdivision 2 of section
355 of the education law, as amended by chapter 309 of the laws of 1996,
is amended to read as follows:
  (4) (I) The trustees shall not impose a  differential  tuition  charge
based  upon need or income. All students enrolled in programs leading to
like degrees at state-operated  institutions  of  the  state  university
shall  be  charged  a  uniform  rate  of tuition except for differential
tuition rates based on state  residency.  Provided,  however,  that  the
trustees  may authorize the presidents of the colleges of technology and
the colleges of agriculture and technology to  set  differing  rates  of
tuition  for each of the colleges for students enrolled in degree-grant-
ing programs leading to an  associate  degree  and  non-degree  granting
programs  so  long as such tuition rate does not exceed the tuition rate
charged to students who are enrolled in like degree programs or  degree-
granting  undergraduate  programs  leading  to a baccalaureate degree at
other state-operated institutions of the state university of  New  York.
[The trustees shall not adopt changes affecting tuition charges prior to
the enactment of the annual budget.]
  (II)  TUITION  REVENUE  SHALL  BE  USED SOLELY FOR THE EXPENSES OF THE
STATE UNIVERSITY IN CARRYING OUT ITS OBJECTIVES AND PURPOSES  AND  SHALL
NOT  BE USED TO OFF-SET OR REDUCE APPROPRIATIONS BY THE STATE IN SUPPORT
OF THE OPERATIONS OF THE STATE UNIVERSITY. THE STATE  SHALL  APPROPRIATE
ANNUALLY AND MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT FOR THE STATE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10554-02-1
              

S. 4709                             2

UNIVERSITY  IN  AN AMOUNT NOT LESS THAN THE AMOUNT APPROPRIATED AND MADE
AVAILABLE TO THE STATE UNIVERSITY IN  STATE  FISCAL  YEAR  TWO  THOUSAND
ELEVEN--TWO THOUSAND TWELVE. BEGINNING IN STATE FISCAL YEAR TWO THOUSAND
TWELVE--TWO THOUSAND THIRTEEN, SUCH GENERAL FUND OPERATING SUPPORT SHALL
BE  ADJUSTED  BY  AMOUNTS  TO  FULLY  SUPPORT  COST INCREASES RELATED TO
CONTRACTUAL AND COLLECTIVELY BARGAINED SALARY INCREASES,  ENERGY-RELATED
COSTS  AND ENROLLMENT-RELATED COST INCREASES; PROVIDED, HOWEVER, THAT IN
ANY STATE FISCAL YEAR WHEN PERSONAL INCOME  TAX  RECEIPTS  DECLINE  FROM
PERSONAL  INCOME TAX RECEIPTS IN THE PREVIOUS STATE FISCAL YEAR, GENERAL
FUND OPERATING SUPPORT MADE AVAILABLE TO THE  STATE  UNIVERSITY  MAY  BE
REDUCED  BY  NO  MORE  THAN  THE  SAME PROPORTION AS PERSONAL INCOME TAX
RECEIPTS HAVE DECLINED. ON OR BEFORE NOVEMBER THIRTIETH  OF  EACH  YEAR,
THE TRUSTEES SHALL APPROVE AND SUBMIT TO THE CHAIRS OF THE ASSEMBLY WAYS
AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AND TO THE DIRECTOR
OF THE BUDGET A MASTER TUITION PLAN SETTING FORTH THE TUITION RATES THAT
THE TRUSTEES PROPOSE FOR RESIDENT AND NON-RESIDENT UNDERGRADUATE, GRADU-
ATE  AND  PROFESSIONAL  DEGREE  STUDENTS  FOR  THE SUCCEEDING FIVE STATE
UNIVERSITY FISCAL YEARS.  FOR THE STATE UNIVERSITY FISCAL YEARS COMMENC-
ING TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE  AND  ENDING  TWO  THOUSAND
FIFTEEN--TWO  THOUSAND SIXTEEN, THE RESIDENT UNDERGRADUATE TUITION RATES
SHALL INCREASE EACH YEAR BY NOT MORE THAN FIVE AND ONE-HALF PERCENT OVER
THE TUITION RATES OF THE PRIOR FISCAL YEAR. TUITION RATES OF  THE  STATE
UNIVERSITY SHALL NOT BE SUBJECT TO RULEMAKING PURSUANT TO THE PROVISIONS
OF THE STATE ADMINISTRATIVE PROCEDURE ACT.
  S 2. Subdivision 8-b of section 355 of the education law is REPEALED.
  S  3. The state finance law is amended by adding a new section 99-u to
read as follows:
  S 99-U. STATE UNIVERSITY OF NEW YORK AGENCY TRUST FUND.  1.  THERE  IS
HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE A FIDUCIARY FUND TO BE KNOWN AS THE
"STATE UNIVERSITY OF NEW YORK AGENCY TRUST FUND".
  2. THE STATE UNIVERSITY OF NEW YORK AGENCY TRUST FUND SHALL CONSIST OF
ALL  MONIES  APPROPRIATED  AND MADE AVAILABLE TO THE STATE UNIVERSITY IN
GENERAL FUND OPERATING SUPPORT AND TUITION REVENUE APPROPRIATED AND MADE
AVAILABLE FROM SPECIAL REVENUE FUNDS.
  3. THE STATE COMPTROLLER IS AUTHORIZED AND DIRECTED TO TRANSFER  ANNU-
ALLY,  FROM  THE  GENERAL  FUND  AND  SPECIAL REVENUE FUNDS TO THE STATE
UNIVERSITY OF NEW YORK AGENCY TRUST FUND, GENERAL FUND OPERATING SUPPORT
AND TUITION REVENUE APPROPRIATED AND MADE AVAILABLE TO THE STATE UNIVER-
SITY IN ACCORDANCE WITH THE PROVISIONS OF SUBPARAGRAPH FOUR OF PARAGRAPH
H OF SUBDIVISION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OF  THE  EDUCA-
TION  LAW.  THE  STATE  COMPTROLLER  SHALL  TRANSFER SUCH MONIES IN FOUR
PAYMENTS IN THE FOLLOWING AMOUNTS: ONE-HALF ON  OR  BEFORE  JULY  FIRST,
ONE-SIXTH  ON  OR  BEFORE  OCTOBER FIRST, ONE-SIXTH ON OR BEFORE JANUARY
FIRST, AND ONE-SIXTH ON OR BEFORE APRIL FIRST.
  4. MONIES IN THE STATE UNIVERSITY OF NEW YORK AGENCY TRUST FUND  SHALL
BE  EXPENDED SOLELY FOR THE EXPENSES OF THE STATE UNIVERSITY IN CARRYING
OUT ITS OBJECTIVES AND PURPOSES. THE PROVISIONS OF SECTION FORTY-NINE OF
THIS CHAPTER AND ANY OTHER LAW  NOTWITHSTANDING,  MONIES  IN  THE  STATE
UNIVERSITY  OF  NEW  YORK  AGENCY  TRUST FUND SHALL NOT BE IMPOUNDED NOR
TRANSFERRED OR OTHERWISE MADE AVAILABLE FOR OTHER PURPOSES.
  S 4. This act shall take effect July 1, 2011.