S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8141
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 10, 2015
                                      ___________
       Introduced  by  M. of A. RYAN -- read once and referred to the Committee
         on Higher Education
       AN ACT to amend the education law, in relation to authorizing the  board
         of  trustees of the state university of New York to offer certain non-
         resident undergraduate students separate tuition rates for  attendance
         at  selected state-operated institutions; and providing for the repeal
         of such provisions upon the expiration thereof
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Paragraph h of subdivision 2 of section 355 of the educa-
    2  tion law is amended by adding two new subparagraphs 4-a and 4-b to  read
    3  as follows:
    4    (4-A) COMMENCING WITH THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN
    5  ACADEMIC  YEAR AND ENDING IN THE TWO THOUSAND TWENTY--TWO THOUSAND TWEN-
    6  TY-ONE ACADEMIC YEAR, THE BOARD OF TRUSTEES OF THE STATE  UNIVERSITY  IS
    7  AUTHORIZED  TO  DESIGNATE  SELECTED  STATE-OPERATED INSTITUTION'S OF THE
    8  STATE UNIVERSITY  FOR  PARTICIPATION  IN  A  PROGRAM  ALLOWING  ELIGIBLE
    9  NON-RESIDENT  UNDERGRADUATE  STUDENTS  TO PAY SEPARATE TUITION RATES FOR
   10  ATTENDANCE AT THOSE SELECTED INSTITUTIONS. IN SELECTING INSTITUTIONS FOR
   11  THIS PROGRAM, SUCH BOARD OF TRUSTEES SHALL CONSIDER OUT-OF-STATE  COMPE-
   12  TITION,  CURRENT  OR PROJECTED LEVELS OF HIGH SCHOOL GRADUATES WITHIN AN
   13  INSTITUTION'S RECRUITMENT REGION, AND ENROLLMENT CAPACITY  AND  PHYSICAL
   14  LOCATION  OF  THESE  INSTITUTIONS.  THE  BOARD  OF TRUSTEES OF THE STATE
   15  UNIVERSITY IS FURTHER AUTHORIZED TO SET  SUCH  SEPARATE  TUITION  RATES,
   16  WHICH  SHALL  NOT BE SET BELOW AN AMOUNT EQUAL TO ONE AND ONE-HALF TIMES
   17  THE IN-STATE TUITION RATE AT THE DESIGNATED INSTITUTION.  SUCH  SEPARATE
   18  TUITION RATES MAY BE OFFERED ONLY TO ELIGIBLE NON-RESIDENT STUDENTS, THE
   19  TOTAL OF WHICH SHALL NOT EXCEED TEN PERCENT OF ENROLLMENT AT EACH DESIG-
   20  NATED  INSTITUTION.  RESIDENTS FROM THE STATES OF CONNECTICUT, MASSACHU-
   21  SETTS, NEW JERSEY, OHIO, PENNSYLVANIA  AND  VERMONT,  AND  THE  CANADIAN
   22  PROVINCES  OF  ONTARIO  AND  QUEBEC MAY BE ELIGIBLE FOR SEPARATE TUITION
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09082-05-5
       A. 8141                             2
    1  RATES AT THE DESIGNATED STATE-OPERATED INSTITUTIONS. EACH STATE-OPERATED
    2  INSTITUTION THAT IS SELECTED FOR PARTICIPATION  IN  THIS  PROGRAM  SHALL
    3  REPORT  ANNUALLY TO THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY ON THE
    4  IMPACT OF THIS PROGRAM.
    5    (4-B)  NOTWITHSTANDING  THE  PROVISIONS OF SUBPARAGRAPH FOUR-A OF THIS
    6  PARAGRAPH, THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY  MAY  AUTHORIZE
    7  THE  ESTABLISHMENT  OF A SEPARATE CATEGORY OF TUITION RATE FOR NON-RESI-
    8  DENT STUDENTS ENROLLED IN DISTANCE LEARNING COURSES OFFERED BY STATE-OP-
    9  ERATED INSTITUTIONS OF THE STATE UNIVERSITY.
   10    S 2. This act shall take effect immediately and shall  expire  and  be
   11  deemed repealed June 1, 2021.