388] Laws or New Yors, 1961

and shall fiz the amount to be paid annually by the city to the
county for the services to be performed by the county sealer. During
the period such contract is in foree and effect the office of city sealer
of weights and measures in any city so contracting shall be
abolished,

1345

§ 2. This act shall take effect January first, nineteen hundred Bey...

sixty-two.

CHAPTER 388

AN ACT to amend the education law, in relation ta the regents plan for the
development and expansion of facilities for higher education in New York:
state and establishing the city university of New York, and repealing section
eight hundred fifty-four thereof

Became a law April 11, 1961, with the approval of the Governor, Passed, on
message of necessity, pursuant to article III, section 14 of the Constitution,
by a majority vote, three-fifths being present

The People of the State of New York, represented in Senate and Assembly,
do enact as follows:

Section 1, The education law is hereby amended by adding Paveation

thereto a new section, to be section two hundred thirty-seven thereof,
ta read as follows:

§ 237. Regents plan for higher education including approved
plans of state university and city university of New York. 1, The
regents shall, once every four years, review the proposed plan and
recommendations required to be submitted by the state university
trustees pursuant to section three hundred fifty-four of this chapter
and the proposed plan and recommendations of the board of higher
education in the city of New York required to be submitted pursu-
ant to section sizty-two hundred two of this chapter, and upon
approval of such plans by the regents they shall be incorporated
into a regents plan or general revision thereof for the expansion
and development of higher education in the state. Such regents
plan shall include the plan and recommendations proposed by the
state university trustees and the plan and recommendations pro-
posed by the board of higher education in the city of New York
and may include plans with respect to other matiors not compre-
hended within the plan of the state and city universities, including
but not Umited to improving institutional management and
resources, instruction and guidance programs, financial assistance
to students and extension of educational opportunities through
library resources and television. In the development of such plons
due recognition shall be given to that historical develapment of
higher education in the state which has been accomplished through
the establishment and encouragement of private institutions, In
determining the need for additional educational facilities in a par-
ticular area, the plans and facilities of existing public and private
sustitutions shall be fully evaluated and considered.

Exptanarion — Matter in itefics is new; matter in brackets [ } is old law to be omitted.

new
§ 287,
added,

OKGITAL


Laws or NEw Yorr, 1961 [CHar.

2. During the calendar year nineteen hundred sixty-four and
each fourth year thereafter the regents shall evaluate all available
information with respect to the plans and facilities of private
institutions and shall review: and act upon the proposed plan and
recommendations of the state university trustees and upon the pro-
posed plan and recommendations of the board of higher education
in the city of New York and incorporate such information, recom-
mendations and each of the component plans so acted upon into
a tentative regents plan or general revision thereof for the expan-
sion and development of higher education in the state. Copies of
such tentative regents plan or general revision thereof, as the case
may be, shall be made available to the trustees of the state univer-
sity, the board of higher education in the city of New York and
the governing boards of all other institutions of higher education
admitied to the university of the state of New York. Thereafter,
after giving due notice, the regents shall conduct one or more hear.
ings on such tentative regents plan or general revision thercof.

3. The regents shall transmit their plan or general revision
thereof for the expansion and development of higher education in
the state to the governor and the legislature on or before the first
day of December, nineteen hundred sixty-four and cach fourth year
thereafter, and such plan or general revision thereof shall become
effective upon its approval by the governor.

4, Any modification recommended by the state university trustees
or by the board of higher education in the city of New York to their
respective plans, theretofore formulated ond approved pursuant to
section three hundred fifty-four or section sixty-two hundred two
of this chapter shall be reviewed by the regents who may hold one
or more hearings thereon after giving due notice thereof. As
approved by the regents, such modification shall be made a part of
the respective plans of the state university and of the city univer-
sity and shall, together with any modifications the regents may
make to that portion of their plan for the expansion and develop-
ment of higher cducation in the state not comprehended in the
plans of the state and city universities, be transmitted to the gov-
ernor and the legislature, all of which shali then become effective
upon approval by the governor as modifications of the regents plan.
By the first day of November in each of the three years following
the promulgation of the regents plan or general revision thereof,
the regents shall summarize and report to the governor and the
legislature any modifications made pursuant to this subdivision and
shali include in such report a statement on the progress made in
implementing the regents plan and their general recommendations
with respect to higher eduention.

§ 2. Subdivision one of section three hundred fifty-two of sueh
law, as last amended by chapter seven hundred thirty-four of the
laws of nineteen hundred fifty-one, is hereby amended to read as
follows:

1, There is hereby created in the state education department and
within the [higher educational system of the state] university of


388] Laws oF NEw York, 1961

the state of New York as established under the board of regents a
corporation to be known as the state university of New York which
shall be responsible for the planning, supervision and administra-
tion of facilities and programs im accordance with the pian pro-
posed by the state university trustees as approved by the regents
pursuant to section two hundred thirty-seven of this chapter, and
provisions for higher education supported in whole or in part with
state moneys in accordance with the provisious of section three
hundred fifty-eight hereof, and to perform such other duties as may
be entrusted to it by law. Such corporation shall have the care,
custody, control and management of the lands, grounds, buildings,
facilities and equipment used for the purposes of the state-operated
institutions of the state university, and it shall have power to pro-
tect, preserve and improve the same.

§ 3. Seetion three hundred fifty-four of such law, subdivision
two having been amended by chapter two hundred ninety-nine of
the laws of nineteen hundred fifty-five, and subdivision three havy-
ing been amended by chapter six hundred ninety-eight of the laws
of ninetcen huudred forty-eight, is hereby repealed.*

§ 4. Such Jaw is hereby amended by adding thereto a new sec-
tion, to be section three hundred fifty-four, to read as follows:

§ 354. Powers and duties of state university trustees planning
functions. 1, The state university trustees shall, once every four
years, formulate a long-range state university plan or general revi-
sion thercof and make recommendations to the board of regents and
the governor for the organization, development, coordination and
expansion of the state university and for the establishment of com-
munity colleges in areas suitable for and in need of such institu-
tions, which plan and recommendations shall include the following:

a. Plans for new curricula.

b. Plans for new facilities,

«. Plans for change in policies with respect to student admissions.

ad. Patential student enrollments.

e. Comments upon tts relationship to other colleges and universi-

lies, public and privaic, within the state.
Prior to transmitting their long-range state university plan or
general revision thercof to the board of regents and the governor the
state university trustees may, after giving due notice, conduct one
or more hearings on such plan,

3, During the calendar year nineteen hundred sixty-four and
each fourth year thereafter the state university trustees shall trans-
mit their proposed plan or general revision thereof to the board of
regents and the governor on or before the twentieth day of Sep-
tember in cach such year. Such plan shall be reviowed by the

edveation Jaw repealed hereby is replaced by a
new & poratos, in a more concise manner, all of the necessary
state universily planning powers found in the repealed section.

ExrLanation — Matter io italics is new; matker in brackets [ ] is old law to be omitted.

1347

§ 3b4,

ropesled,

New
§ 20d,
added.

DKGITAL


1348

355,
subd.'1,
opening f,
amended

Sand, 2,
opening f,
amended.

§ 6202,
amended.

Laws o- NEw York, 1961 [Crar.

board of regents and shall be subject to approval by such board.
As approved by the board of regents and incorporated into the
regents plan or general revision thereof for the expansion and
development of higher education in the state and, upon approval
thereafter by the governor, such plan shall guide and determine the
development and expansion of the state university and the estab-
lishment of community colleges until such plan is modified or revised
in the manner provided herein.

3. By the twentieth day of September in each of the three years
following the approval of the state university plan or general revi-
sion thereof pursuant to section two hundred thirty-seven of this
chapter, ihe state university trustecs shall report in writing to the
board of regents and to the governor on the progress made in
carrying out their responsibilities under such plan and their gen-
eral recommendations with respect to public higher education,
including recommendations as to modifications of such plan which
the trustees deem essential io meet the then current demands upon
public higher education. The state university trustees may also
ul any other time propose modifications which they then deem
essential or desirable with respect to such plan. They may, after
giving due notice, conduct one or more hearings on such modifica-
tions and shall transmit their recommendations therefor to the
board of regents and the governor, Such modifications shall be
subject to approval by the regents and thereafter by the governor
in the same manner as such plan or general revisions thereof.

§ 5. The opening paragraph of subdivision oue of section three
hundred fifty-five of such law, as amended by chapter five hundred
twenty-five of the laws of nineteen hundred fifty-three, is hereby
amended to read as follows:

Subject to the [general supervision and approval of the board
of regents] provisions of the plan or general revision thereof pro-
posed by the state university trustees as approved by the regents
pursuant to section two hundred thirty-seven of this chapter, the
state university trustees shall be responsible for:

§ 6. The opening paragraph of snhdivision two of section three
hundred fifty-five of such law, as amended by chapter five hundred
twenty-five of the laws of nineteen hundred fifty-three, is hereby
amended to read as follows:

The state university trustees are further authorized and empow-
ered, subject to the [gencral supervision and approval of the board
of regents] provisions of the plan or general revisions thereof pro-
posed by the state university trustees as approved by the regents
pursuant to section two hundred thirty-seven of this chapter:

§ 7. Scetion sixty-two hundred two of such law, as last amended
by a chapter of the laws of nineteen hundred sixty-one, entitled
‘fAn act to amend the education law, in relation to the number
of regents college scholarships and scholarships for education in
engineering and science, to establish the New York state scholar
incentive program, to remove existing restrictions on the author-

DXGTAL


388] Laws or New Yor, 1961

ity of the state university trustees, the contract colleges and the
board of higher education in the city of New York to establish
tuition policy and to repeal subdivision eight of section six hun-
dred twelve-a thereof and making an appropriation therefor,’’
is hereby amended to read as follows:

§ 6202. Powers and duties. 4. Such board of higher education
shall be @ separate and distinct hody corporate, shall have the
duties and powers of trustees of volleges as set forth in this chap-
ter, unless otherwise specifically provided in this article, and the
institutions and educational units which such board shall eonduct
shall be pari of the common school system and shall have the
powers and privileges of colleges and shall be subject to the visi-
tation of the regents of the university. The eoutrol of the educa-
tional work of such institutions shall rest solely in the board of
higher education which shall administer all educational units
eontrolled by it, as and under the genera] name and title of the
[college of the] city university of New York; but each unit of
such [college] wniversity shall be given an appropriate and
distinctive designation, and any cxisting unit, constituting a
college for women, shall retain its present, distinctive name.

2, @ The board of higher education in the city of New York
shall, once every four years, formulate a long range city unt-
versity plan or general revision thereof and make recommenda-
tions to the board of regents, and to the state university trustees
for information and comment, for the organization, develapment,
coordination and expansion of the city university of New York
which plan and recommendations shall include the following:

(1) Plans for new curricula,
(2) Plans for new facilities.

(3) Plans for change in policies with respect to student admis-
S108,

(4) Potential student enroliments.

(5) Comments upon its relationship to other colleges and unt-
versities, public and private, within the state,
Prior to transmitting their long-range plan or general revisions
thereof to the board of regents and the state university trustees,
the board of higher education may, after giving due notice, con-
duct one or more hearings on such plan,

b. During the calendar year nineteen hundred sixty-four
and each fourth year thereafter the board of higher education
shall transmit their proposed plan or general revisions thereof
to the board of regents, and the state university trustees for
information and comment on or before the first day of July in each
such year. Such plan shall be reviewed by the board of regents
and shall be subject to approval by such board. Priar to approval
by the board of regents such plan shall also be subject to such
comment as the state university trustees may wish to make pur-

Exrtanatton -~ Matter in itafics is new; matter in brackets [ ] is cld law ta he ontitted.

1349

DXGITAL


1350

Laws or New York, 1961 [CHap.

suant to section three hundred fifty-four of this chapter on the
plan or general revisions thereof required to be submitted by the
state university trustees. As approved by the board of regents
and incorporated into the regents plan or general revision thereof
for the expansion and development of higher education in the
stato and, upon approval thereafter by the governor, such plan
shall guide and determine the development and expansion of
the city university of New York.

c. By the first day of September in each of the three years
following the approval of the city university plan or general
revision thereof pursuant to section two hundred thirty-seven of
this chapter, the board of higher education shall report in writing
lo the board of regents, a copy of which report shall be furnished
to the state university trustees for information and comment, on
the progress mada in carrying out its responsibilities under such
plan and its general recommendations with respect to the otty
university or tts component colleges or other institutions in the
city of New York inciuding recommendations as to modifications of
such plan which the board of higher education deems essential to
meet the then current demands upon public higher education in the
city of New York. The board of higher education may also at any
other time propose modifications which it deems essential or destr-
able with respect to such plan. Such board may, after giving due
notice, conduct one or more hearings on such modifications and
shall transmit its recommendations therefor to the board of regents
and the state university trustees for information and comment.
Such modifications shall be subject to approval by the regents and
thereafter by the governor in the same manner as such plan or
general revisions thereof.

&, The board of higher education shall select and acquire all new
sites hereafter to be designated for [public higher education]
the city university or its component colleges or other institutions
in snch eity, and in relation to public higher education therein,
shall procnre and pass upon all plans for buildings on newly
acquired sites, shall supervise their erection, shall organize their
faculties, shall approve and administer their courses leading to
aeademie, professional and technical certificates, diplomas and
degrees, shall appoint their officers of administration and instruc-
tion, shall prepare all their budgets and shall generally control
and administer all public education in the colleges and institutions
of which the city wniversity is composed in such city Ebeyond the
high school level], except the teacher training courses which
are now conducted by the board of education of such city. In
the establishment of future centers of instruction, the board may,
in its discretion, set them up os administrative divisions of one
or more of the existing institutions of higher learning or it may
establish them as distiuctive educational units. All laws in force
on May eleventh. nincteen hundred thirty-five, relative to any
existing puhlie college of such city, not inconsistent with the provi-
sions of this section, are hereby declared to be applicable to the
educational system established under the board of higher education,

DXGITAL


388] Laws or New Yorr, 1961

4, The board shall control and keep up the huildings and grounds
purchased by the city and occupied and used by institutions and
units controlled hy it; allow and regulate the use, gratuitously
or otherwise, of such property for other than college or university
purposes and prescribe the fees, if any, tbat persons, associations
or corporations allowed to use it may charge; purchase materials,
services, equipment and supplies. But the board shall not sell,
transfer or otherwise dispose of land and huildings, purchased by
city funds. It may, however, accept and administer for college
or university purposes, gifts of land, bequests, trusts, money and
buildings from private sources and erect huildings on college
or university land out of mouey not furnished by the city; and
gifts of moncy, cndowments, fces, intercst and other income not
derived from public taxation or the public eredit shall he admin-
istered by it for collegiate or university purposes im connection
with the units under its control.

5. The board shall establish positions, departments, divisions
and faculties; appoint and in accordance with the provisions of
law fix salaries of teachers and other employees therein ; establish
aud condnet courses and curricula; prescribe conditions of student
admission, attendance and discharge; and shall have the power
to determine in its discretion whether tuition shall he charged
and to regulate tuition charges and other fees and charges at the
institutious and educational units which the board shall conduct.
The board may accept as partial reimbursement for the education
of veterans of the armed forces of the United States who are other-
wise qualified such sums as may be authorized by federal legisla-
tion to be paid for such education. The board may conduct on a
fee basis extension courses and courses for adult education appro-
priate to the field of higher education. In all courses and courses
of stndy it may, in its discretion, require students to pay library,
laboratory, locker and breakage fees and meet the cost. of books
and consumable supplies.

6. The board shall, on the recommendation of its faculty or
faculties, grant the certificates, diplomas and degrees which were
announeed in the bulletins of the existing public institutions of
higher learning published for the term beginning immediately prior
to April sixteenth, nineteen hundred twenly-six, and also such
other degrees and honors as the regents may hereafter specifically
authorize it to grant.

7. The hoard shal! submit to the board of estimate, or like financial
body of the city, annually on or before the first day of Februery,
an estimate of the total sum of money which will be required for the
ensuing fiscal year for the support, maintenance and operatiou of
each of its schools, colleges, divisions, and sessions which have been
in operation for a year, which estimate shall consist of two parts,
(a) the sum of money that will be needed to pay the compensation
and salaries of all officers of administration and instruction and

Exrianation — Matter in statics is uew; malter in brackets [ ] fs old law to be omitted,

OKGITAL


Laws of New York, 1961 ECrrar.

other employees of each such center fixed pursnaut to the provisions
of law and (b) the sum of money that will be needed for all other
purposes connected with their maintenance and operation, including
the purchase of supplies, materials, equipment, repairs and services.
The total sum, including both items, shall not exceed the amount
appropriated for these purposes by the city for the then current
year, increased or decreased by a per centum thereof equal to the
per centum increase or decrease of students registered in the day
session nf such ceuter on the first day of the preceding November
us compared with the students so registered a year earlier (or, if
the ecnter was not open for students a year earlier, the initial
enrol!ment shali be used) ; and the board of estimate aud the couucil,
or like authorities of the city discharging such functions, are
authorized and directed to raise and appropriate in the annual
budget of the city, to the board, each total sum so estimated, and in
addition to appropriate to such board such further sums, then or at
other times, as may be required hy law; and the board of estimate,
or like finaneial body, may at any time make appropriations to the
poard, on its own motion, or on recommendation of such board, for
the alteration and construction of buildings, and to meet any emer-
geney or any situation that was not foreseen at the time the anunal
estimate was prepared.

&. When a center is first opened, the board shalf submit au initial
estimate of the sum needed for its support, maintenance and oper-
ation, based on an estimated original enrollment of students, for
the fiseal year or portion thereof immediately following. Such
estimate shall be acted upou as hereinbefore prescribed for current
annual budgets; and in the event that an initial appropriation be
for a part of the fiseal year only, then in making calculation for
the succeediug annual appropriatiou, the initial appropriation shall
be taken as the appropriate fractional base,

9. Money appropriated by the city to the board for college or
university purposes, shal] be placed in the custody of the comp-
troller of the city to the credit of such board and al! disbursements
from such funds shall be made by the comptroller acting for and
in behalf of such board upon requisitions duly audited and signed
by the board or by a person or persons appointed by such board,
by resolution filed with the comptroller, to act for it. Tbe comp-
troller shall andit such account of the board in the same manner 4s
he audits the account of the board of education of the city. Any
balance of any annual appropriation made by the city to the board,
which may be unappropriated for college or university purposes
by the board ninety days after the expiration of the calendar year
for which the appropriation was made, shall revert to the city
treasury and be credited to such uses ag the board of estimate or like
financial body of the city may direct.

10. The salaries and salary sehedules of all members of the instruc-
tional staffs as defined in scction sixty-two hundred six of the edu-
eation law, shall continue to be no lower than those established by
the board of higher education and approved hy the board of estimate


389] Juaws or New York, 1961 1458

on or before the thirty-first day of December, nineteen hundred
fifty-one.

§ 8. This act shall take effect April first, nineteen hundred sixty- Ftetre
two, except that subdivision one and subdivisions three through },_
nine of section sixty-two hundred two of the education law, as
amended by this act, shal! take effect immediately.

CHAPTER 389

AN ACT to amend the education law, in relation to the number of regents
college scholarships and scholarships for education in enginecring and
seience, to establish the New Yark stale scholar incentive program, to remove
existing restrictions on the authority of the state university trnsteea, the
contract colleges and the heard of higher education jn the city of New York
to establish tuition policy and to repeal subdivision eight of section six
hundred twelve-u thereof and makjng an appropriation therefor

Become a law April 11, 1961, with the approval of the Governor. Vassed, by
a majority vote, three-fifths being present

The People of the Stuie of New York, represented im Senate and Assembly,
do enact as follows:

Section 1, Legislative findings, purpose and objectives. The
legislature hereby finds and declares that:

(a) Individual self-realization and development depends impor-
tantly upon the availability of opportunities for not only the
specially talented but for all who have the desire and the capacity
for higher education. he fnture progress of the state and nation
and the general welfare of the people depend upon the individual
development of the maximum number of citizens to provide the
broad range of leadership, inventive genius, aud source of economic
and cultural growth for oncoming generations.

In a world of unmatched scientific progress and technological
advance, as well as of unparalleled danger to human frecdom,
learning has never been more eruelal to man’s safety, progress and
individual f[nlfillment. [n the state and nation higher education
no longer is a luxury; it is a necessity for strength, fulfillment and
survival.

(b) Those who complete undergraduate and graduate training
will be the teachers, doctors, engineers, svientists and other leaders
in every aspect of the economic, political and enltnral life of
tomorrow. They will be in the forefront of free men seeking to
meet the challenge posed by those who wonld crush and subvert
human freedom and democrati¢ government.

(¢) Thus there is an urgent publie concern with respect to the
extent to which the rising costs to students of higher education are
tending to places a high percentage of college instruction beyond
the reach, without assistance, of many of the growing number of
young men and women with the capaeity and desire for higher
education,

Exprtaxation — Matter in italics is new; matter in brackets £ 3 is ofd law ta be pmitled.


1854

‘Ennvation

Laws or NEw Yours, 1961 [Cap.

It is in the vital interest of all the people of the state to develop
fully this reservoir of talent and future leadership.

(d) The state of New York has long recognized the public interest
served by the student pursuing a higher education. Since nincteen
hundred thirteen, when the first regents college scholarships were
established, the state has continuously provided assistance to the
specially talented. Further encouragement to cxcellenee, by increas-
ing the number of these unusually gifted students assisted through
this sound and important program, will be to the benefit of ihe
people of the state and of the nation.

(c) In the challenges we face today the clear necessity for higher
education, not only for the specially talented, but for all who have
the ability and ambition to achieve it, calls for a broadened pro-
gram of state assistance to the student.

Young men and women who are recognized by the regents to give
promise of satisfaetory completion of a college or graduate degree
program and who gain admission to an institution of higher learn-
ing are worthy recipients of assistance to the end that their ability,
developed through higher education, may benefit the public at Jarge.
Those students who maintain themselves in good-standiug at each
successive stage of a degree program and give promise of satis-
factory completion of that program, affirm their having earnestly
joined in the advancement of learning, upon which the general wel-
fare depends, and affirm their own merit, their ability and their
desire to continue to pursue higher education.

(f) Recognition of the merit of the individual student and the
need of the student for assistance are the bases hoth for an expan-
sion of the long-standing regents college scholarship program and
for the establishment of the New York state scholar incentive
program.

§ 2. The article heading and schedule of seetions in article
thirteen of the education Jaw, are hereby amended to read as follows:

ARTICLE 13

SCHOLARSHIPS[;], SCHOLAR INCENTIVES AND STATE AND
FEDERAL AID

Section 601. [State] Regents college scholarships established.

601-2. New York state scholar incentive program estab-
lished.

602. Scholarship and scholar incentive fund of The Uni-
versity of the State of New York.

603. Regents [to make] rules governing regents college
scholarships and assistance under the scholar
incentive program.

604. List of candidates; award of regents college scholar-
ships.

605. Issuance of regents college scholarship [certificate]
certificates,

DXGITAL


389]
606.

607.

608.
609.

610.

611.
612.
612-4.
613.
614.
615.

616.
617.

625.
636.

631.

Laws or New Yors, 1961

Revocation of regents college [scholarship] schotar-
ships and of assistance under the scholar incentive
program.

[imitation as to number of scholarships; courses]
Courses of study of recipients of regents college
scholarships and of recipients of assistance under
the scholar incentive program.

State war service scholarships for veterana,

State scholarships for the children of [soldiers,
sailors and marines,] members of the armed forces
of the United States, who died while serving in
[the] such armed forces of the United States or
as a result thereof,

[Payments by federal government] Regents seholar.
ship for professional education in medicine and
dentistry.

[Contracts for higher education] Regents scholar-
ship for basie professional education in nursing.
Regents scholarships for education in engineering

and science.

Additional regents scholarships for education in
engineering and science.

State scholarships for advanced professional educa-
tion im nursing.

Seholarship and scholar incentive appeals board.

Payments by federal government.

Contracts for higher education.

Hvatuation of scholarship and scholar incentive pro-
grams by the regents,

Regents college teaching fellowships.

Determination of income received during the cal-
endar year nineteen hundred fifty-eight, for
scholarship purposes.

Determination of amount of scholarship or fellow-
ship for certain recipients.

§ 3. Subdivision two of section six hundred one of such law, as

last amended

by chapter seven hundred fifty-six of the laws of

nineteen hundred fifty-eight, is hereby amended to read as follows:

2. [The total number of] Seventeen thousand regents college
scholarships [to] skal be awarded annually, [and] to be allocated
to the counties of the state as hereinafter provided, [shall be a
number which, when added to] which number shall include the
total number of (a) regents scholarships awarded to children of
memhers of the armed forces of the United States who died while
serving in such armed forces, or as a result thereof, (b) regonts
scholarships for basic professional education in nursing, (¢) regents

Exouanation — Matter in italics is new; matter in brackete [ J is old law to be omitted.

1355

DXGITAL


New
§ 01-4,
added,

Laws or New Yorn, 1961 (Car.

scholarships for education in engincering and science [awarded
pursuant to section six hundred twelve of this chapter], and (d)
state scholarships in Cornell University[[, equals five per centum
of the total number of students who were graduated from the
approved high schools iu the state during the school year preceding
the date of the cxamination for the award of such regents college
scholarships].

§ 4. Such law is hereby amended by adding thereto a new section,
to be section six hundred one-a, to read as follows:

§ 601-0. New York state scholar incentive program established.
1, General provisions. Scholar incentives are hereby established
to assist college students who in their pursuit of full-time graduate
and undergraduate studies under standards promulgated by the
regents give promise of satisfactory completion of a degree program.
In administering the New York state scholar incentive program,
the regents shall give full consideration to the historical and con-
tinuing role of the state in encouraging individual scholarship and
shall be guided by the abiding public concern repeatedly expressed
by the people of the state of New York for the development of the
intellectual potential of the maximum number of qualified persons
who aspire to opportuntties for higher education,

2. Undergraduate eligibility. To qualify for assistance at the
college undergraduate level under the scholar incentive program,
a student

(a) for the first semester of undergraduate study, must have
been certified by the regents to have met, prior to matriculation in
college, standards set by them based upon examination and/or high
school achicvement indicating promise of successful fulfillment of
the degree requirements in an approved course of undergraduate
study and must be a matriculated full-time student in good standing
in an approved course of study leading to a degree at a college
situated within the state of New York;

(bo) for cach semester following the first semester of under-
graduate study, must have been certified by the college attended as
having achieved, as a full-time student in an approved course of
study leading to u degree, an academie record jor the immediately
preceding semester which, under standards promulgated by the
regents, gives promise of satisfactory completion of suck degree
program and must be a matriculated full-time student in good
standing in an approved course of study leading to a degree at a
college situated within the state of New York;

(c) must be a resident of the state of New York and must have
been such a resident either during his last two semesters of high
school prior to graduation therefrom, or during his last two semes-
ters of high school prior ta admission to college, or for a period of
at least twelve months immediately preceding the commencement of
the semester for which he applies for assistance under subdivision
three of this section;

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389] Laws or New York, 1961

(d) must inake application at least annually for assistance under
the scholar incentive program in aceordance with the rules of the
regents,

3. Undergraduate scholar incentives. Each undergraduate stu-
dent meeting the qualifications of subdivision two of this section
shall receive from the state assistance under the scholar incentive
program of the amount by which the tuition payable by such
student, allocated on a semester basis and exclusive of fees, exceeds
one hundred dollars per semester, up to the maximum sum specified
in subdivision four of this section, for each semester while attending
college during a period of not to exceed four years of undergraduate
study, or five years if the course requires five years, to be paid to
such wndergraduate, for a total of not to exceed eight or ten
semesters, respectively, of such study, upon the warrant of the
state comptroller issued with the approval of the commissioner out
of the fund referred to in section siz Aundred two of this article.
Such approval shall be given upon vouchers or other evidence
showing that the person named therein is enttiled to receive the
sum specified.

4, Relation of assistance to undergraduates to combined net tax-
able balance of income. For each semester of study, assistance
shall be provided under subdivision three of this section in relation
to the combined net tazable balance of the income of the student
and of his parent or parents or other persons who would be respon-
sible for his support if he were a@ minor, or are so responsible in
cases where the student is a@ minor, plus any income from tax
exempt securities, as set forth in the New York state income taz
return required to be filed by him and his parent or parents, or
such other persons, by the fifteenth day of April next preceding
the commencement of the semester for which assistance is sought.
If such combined net toxable balance of income, plus income from
taz exempt securities:

(a) Is cighteon hundred dollars or less, the maximum assistance
shall he one hundred fifty dollars for each semester;

(b) Is more than eighteen hundred dollars, but less than seven
thousand five hundred dollars, the maximum assistance shall be one
hundred dollars for each semester ;

(ce) Is seven thousand five hundred dollars or more, the maximum
assistance shall be fifty dollars for each semester.

5. Graduate eligibility. Lo qualify for assistance at the graduate
level under the seholar incentive program, a student

(a) for the first semester of graduate study, must have been
certified by the regents to have met, prior to matriculation in
graduate study, standards set by them based upon examination
and/or college achievement indicating promise of successful fulfill
ment of the degree requirements in aa approved course of graduate
study and musi be a matriculated full-time student in good standing
in an approved graduate program lcading to an advanced degrec as

ExrLanatiox — Matter in ftalies is new; matter in brackets [ ] is old law to be omitted,

OKGITAL


1358

Laws or New York, 1961 [Cuap.

defined by the regents, at a college situated within the state of
New York;

(b) for cach semester following the first semester of graduate
study, must have been certified by the college attended as having
achieved, as a full-time student in an approved graduate program
leading to an advanced degree, an academic record for the immedi-
ately preceding semester which, under standards promulgated by
the regents, gives promise of satisfactory completion of such
advanced degree program and must be a matriculated full-time
student in good standing in an approved graduate program leading
to an advanced degree, as defined by the regents, at a college
situated within the state of New York:

(c) must be a resident of the state of New York and must have
been such a resident during his last two semesters of undergraduate
study and continue to be such a resident until matriculation in the
graduate program, or have been a resident of the state of New York
for a period of at least twelve months immediately preceding the
commencement of the semester for which he applies for assistance
under subdivision six of this section; and

(d) must make application at least annually for assistance under
the scholar incentive program tn accordance with the rules af the
regents.

6, Graduate scholar incentives. Hach graduate student meeting
the qualifications of subdivision five of this section shall receive
from the state assistance undcr the scholar incentive program of the
amount by which the tuition payable by such student, allocated on
a semester basis and exclusive of fees, exeecds one hundred dollars
per semester, up to the maximum sum specified in subdiwision seven
of this section, to be paid to such graduate student, for a total
of not to eaceed eight semesters of graduate study, upon the
warrant of the state comptroller issued with the approval of the
commissioner out of the fund referred to in section siz hundred
two of this article. Such approval shall be given upon vouchers
or other evidence showing that the person named thercin is entitled
to receine the sum specified.

7. Relation of assistance to graduate students to combined net
taxable balance of income. For each semester of study, assistance
shall be provided under subdivision six of this section in relation
to the combined net taxable balance of the income of the student
and of his parent or parents or other persons who would be respon-
sible for his support if he were a minor, or are so responsible in
cases whore the student is a minar, plus any income from tax exempt
securities, as set forth in the New York state income tax return
required to be filed by him and his parent or parents, or such other
persons, by the fifteenth day of April next preceding the commence-
ment of the semester for which assistance is sought. If such com-
bined net taxable balance of income, plus income from tar exempt
securities:

(a} Ts eighteen hundred dollars or less, the maximum assistance
shall be two hundred dollars for each of his first two semesters of

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389] Laws or Nuw Yonrx, 1961

full-time graduate study and four hundred dollars for his third
and each subsequent semester of full-time graduate study.

(b) Is more than cighteen hundred dollars, but less than seven
thousand five hundred dollars, the maximum assistance shall be ons
hundred fifty dollars for each of his first two semesters of full-time
graduate study and three hundred dollars for his third and each
subsequent semester of full-time graduate study.

(c) Is soven thousand five hundred dollars or more, the maximum
assistance shall be one hundred dollars for each of his first two
semesters of full-time graduate study and two hundred dollars for
his third and cach subsequent semester of full-time graduate study.

&. Determination of net taxable balance of income,

(a) Each person who shall apply for assistance under the scholar
incentive program shall with suck application at least annually file
with the commissioner an affidavit subscribed and sworn to by him
and his parent or parents or other person ar persons who would
be responsible for his support if he were a minor, or are sa respon-
sible in cases where he is a minor, setting forth the net taxable
balance of his income and the income of such parent or parents or
such other persons, plus his income and the income of such parent
or parents or such other persons from tax exempt securities, as set
forth in the New York state income tax return required ta be fled
by him and his parent or parents or such other persons by the
fifteenth day of April next preceding the commencement of the
semester for which assistance as sought.

fb) Tf no such tax return was filed, a student applying for
assistance under the scholar incentive program shall file with the
commissioner, on forms prescribed by him an affidavit subscribed
and sworn to by him and his parent or parents or other persan or
persons who would be responsible for his support if he were @
minor, or are so responsible in cases where he is a minor, stating,
as the case may be, etther (i) that Ats income and the income of
such parent or parents or such other persons for such year was
insufficient to require the filing of such a tax return pursuant to
law, and stating the amount of suck income plus the amount of any
tncome from tax exempt securities during such year, or (4i) what the
net tavable halance of his income and the income of suck parent or
parents or such other persons would have been for such year if such
a tax return had been filed, plus the amount of any income from
taz exempt securities during such year.

(c) The state tax commission shall, when requested by the com-
missioner, compare any affidarit filed with the commissioner pursu-
antl to this subdivision with the state income tax returns filed by the
persons making such affidavit and shall report any discrepancies
to the commissioner,

(d) All affidavits filed with the commissioner and all reports
made to him by the state tar commission, pursuant to this subdi-
vision, shall be deemed confidential and, except in accordance with
proper judicial order or as otherwise prescribed by law, it shall be

ExrLanation — Matter in italics is newi matter in brackets [ ] is old law to be omitted.

1359

DXGITAL


1360

5 802,
amended,

Laws or New York, 1961 (Crap.

unlawful for the commissioner or any officer or employee of the
department to divalge or make known in any manner the amount
of income or any other particulars set forth in any affidavit filed
with him or report made to him pursuant to this subdivision; but
nothing contained herein shall be construed to prohibit the com-
missioner’s publication of statistics so classified as to prevent the
identification of particular affidavits or reports.

(e} Where more than one person in a family is regularly attend-
ing college during the semester for which assistance under the
scholar incentive program is applicable, the net tarable balance of
the income of the parent or parents of such persons or of any
other person or persons who would be responsible for their support
if they were minors, or are so responsible in cases where one or more
are minors, plus income from taz exempt securities, as hereinabove
defined, shall be divided by the number of such persons regularly
attending college during such semester, and the quotiont resulting
therefrom shall be deemed to be the net tazable income and income
from tax exempt securities of such parent or parents or such other
persons to be addcd to the incomo of such person as hereinabove pro-
vided for the purpose of determining the amount of assistance under
the scholar incentive program to which any such person is enttiled
for such semester.

9. Limitation of amount. In no event shall the assistance under
the scholar incentive program exceed the amount of tuition, allo-
cated on o semester basis, and exclusive of fees, in excess of one hun-
dred dollars per semester payable by the student nor shall such
assistance exceed the amount by which the amount of tuition, allo-
cated on a semester basis and exclusive of fees, payable by the
student exceeds the total state scholarship aid otherwise received or
receivable by such student under this article during any semester,
in no event shall any student be eligible for assistance under the
scholar incentive program for more than sizteen semesters of com-
dined undergraduate and graduate studies.

§ 5. Section six hundred two of such law, as last amended by
chapter seven hundred fifty-six of the Jaws of nineteen hundred
fifty-seven, is hereby amended to read as follows:

§ 602. Scholarship and scholar incentive {und of The University
of the State of New York. 1. The scholarship fund of The Univer-
sity of the State of New York is hereby continued as the scholarship
and scholar incentive fund of The University of the State of New
York, Such fuad shall consist:

&. Of al] money appropriated therefor by the legislature.

b. Of al. money and property heretofore or hereafter received by
the state, the regents or the commissioner by gift, grant, devise or
bequest for the purpose of providing funds for the payment of
scholarships er assistance under the scholar incentive program and
of all income or revenue derived from any trust created for such
purpose.

OKGITAL


389] Laws or New Yorr, 1961 1361

2. Such fund shall be kept separate and distinct from the other
state funds and payment shall be made therefrom to the persons
entitled thereto in the same manner as from other state funds,
except as otherwise provided by this article.

3, Whenever any such gift, grant, devise or bequest shall have
Leen made or any trust shall have been created for the purpose of
providing funda for scholarships, the incomes or revenues derived
therefrom shall be applied in maintaining scholarships in addition
to those to be maintained by appropriations made by the legislature,
as provided in this artiele, and no part of such income or revenue
shall be applied for the maintenance of scholarships to be main-
tained by appropriations made hy the legislature, as provided in this
article. Such additional scholarships sha!l be equitably apportioned
by the commissioner among the several counties, unless it be pro-
vided in the will, decd or other instrument making such gift, grant,
devise or bequest, or creating such trust, that the incomes or rev-
ennes derived therefrom he applied to the esiahlishment and mainte-
nanee of additional scholarships in a specified county.

§ 6. Section six hundred three of such law, as lust amended by &8%..4
chapter seven lnndred fifty-six of the laws of nineteen hundred
fifty-seven, is hereby aruended to read as follows:

§ 603. Regents rules governing [regents college] scholarships
and assistance to students under the scholar incentiue program.
The regents shall make rnles governing the classification and award
of regents college scholarships and of assistance under the scholar
incentive program, the cancellation of assistance under the scholar
incentive program, the issuance and cancellation of certificates
entitling persons to the benefits thereof, the use of [such] scholar-
ships by the persons entitled thereto, and the rights and duties of
the recipients of such scholarships and asststance, and the colleges
which they attend[,] in respect to [such] scholarships, the stand-
ards of prior academic achievement qualifying a student for
assistance under the scholar incentive program, and providing
generally for earrying into effect the provisions of this article.
Such rules shall be in conformity with this article and shall have the
force and effeet of a statute. The commissioner shall award such
seholarships and provide such assistance within such established
rules,

§ 7. Section six hundred six of such Jaw, as last amended by §,%°%,,,
chapter seven hundred fifty-six of the laws of nineteen hundred
fifty-seven, is hereby amended to read as follows:

§ 606. Revocation [or relinquishment] of regents college scholar-
ships and of assistance under the scholar incentive program. (a) If
the recipient of a regents college scholarship shall fail to comply
with the rules of the regents in respect to the use of such scholarship,
or shall fail to observe the rules, regulations or conditions prescribed
or imposed by the institntion of attendance on students therein,
or shall for any reason be expelled or suspended from such institu-

Exrtanation — Matter in datics is new; matter in brackets [ ] is old law to be omitted.


1362 Laws of New Yorx, 1961 [CHar,

tion, or shall absent himself therefrom without leave, the commis-
sioner may, upon evidence of such fact deemed by him sufficient,
make an order under the seal of the education departmeut revoking
such seholarship and thereupon such scholarship shall become
vacant and the person holding such scholarship shall not thereafter
be entitled to further payment Or benefits under the provisions of
this article and the vacancy caused thereby shall be filled as pro-
vided in section six hundred four of this chapter. Whenever a
regents college scholarship is relinquished by the recipient or
revoked by the commissioner after the recipient shall have matric-
ulated, the scholarship shall lapse and shall uot be re-awarded.

(b) If an applicant for or the recipient of assistance under the
scholar incentive program shall fail to observe the provisions of
section siz hundred one-a of this article and the rules of the regents
or to observe the rules, regulations or conditions prescribed or
imposed by the institution of attendance on students therein, or
shall for any reason be expelled or suspended from such institution,
or shall absent himself therefrom without leave, the commissioner
may, upon evidence of such fact deenied by him sufficient, make an
order under the seal of the education department denying or revok-
ing such assistance and thereupon the person who was an applicant
for or the recipient of assistance under the scholar incentive pro-
gram shall not thereafter be entitled to further payment under the
provisions of section siz hundred one-a of this arteele.

SOT ea § 8. Section six hundred seveu of such law, as last amended by
chapter seven hundred fifty-six of the laws of nincteen hundred
fifty-seven, is hereby amended to rcad as follows:

§ 607, Courses of study of recipients of regents college scholar-
ships or of assistance under the scholar incentive program. A person
entitled to a regents college scholarship ur to assistance under the
scholar incentive program shall not be restricted as to the choice
of the college which he desires to attend or attends, or the course
of study which he proposcs to pursue or pursucs; provided that no
such scholarship or assistance shall [include] be provided to a
student for professional instruction in theology or for a specific
program for religious aspirants or leading ta a divinity or religious
education degrec, or, with respect to regents cullege scholarships, for
[in] any graduate courses following the receiviug of a bachelor’s
degree; and provided further, that the college selected by the
person entitled to such scholarship or assisiance is situated within
the state of New York, and is [incorporated as a college and]
authorized under the laws of this state and the rules of the regents
to confer degrees. [The term ‘‘college’’ as used in this section
includes universities, professional and technical schools and other
institutions for higher education authorized to confer degrees,
requiring four years of undergraduate study to obtain a degrec and
approved by the regents; also ‘‘junior college’’ provided the person
entitled to such a scholarship pursues a course therein approved by
the commissioner for two years of credit toward a degree in a
college authorized by the regents to confer degrees.]

OKGITAL


389] Laws or New Your, 1961 1363
§ 9. Subdivision one of section six hundred twelve of such law, if},
as last amended by chapter seven hundred fifty-six of the laws of ®™=-

ninctecn hundred fifty-seven, is hereby amended fo read as follows:

1. Five hundred regents scholarships are hereby established,
effective April first, nineteen hundred sixty-one, to be awarded
(Cannually] for attendance by legal residents of this state at
approved colleges within this state for training in engineering and
such other scientific courses of study as may be approved by the
regents, two hundred fifty of which shall be awarded to persons
residing in the city of New York and two hundred fifty of which
shall be awarded to persons residing elsewhere within the state.
Each such scholarship shall entitle the recipient thereof to the sum
or sums hereinafter provided for each year of attendance at such
a college until the completion of his course of study leading to the
first degree in engineering or other scientific study, but in no event
shall any such scholarship he awarded for more than five years of
study.

§ 10. Subdivision one of section six hundred twelve-2 of such §{?*

law, as added by chapter seven hundred fifty-six of the laws of “™"
nineteen hundred fifty-eight, is hereby amended to read as follows:

1, In addition to the regents scholarships for educatiou in engi-
neering and science established by section. six hundred twelve of
this chapter, there are hereby established [twenty-five hundred]
iwo thousand additional such scholarships, five hundred of which
shall be awarded each year during the [five year] period from
nineteen hundred fifty-cight through ninctcen hundred [Esixty-two]
sixty-one, inclusive, for college years commencing in each such
year. Such scholarships shall be awarded auunally for attendance
by legal residents of this state at approved colleges within this state
for training in engineering and sueh other scientific courses of study
ag may be approved by the regents. One-half of the total number
of such scholarships established for cach such year shall be awarded.
to persous residing in the city of New York and one-half shall be
awarded to persons residing elsewhere within the state. Hach such
seholarship shall entitle the recipient thereof to the sum or sums
hereinafter provided for each year of attendance at such a college
until the completion of his course of study leading to the first degree
in engineering or other scientific study, but iu no event shall any
such scholarship be awarded for more than five years of study.

§ 11, Suhdivision eight of section six hundred twelve-a of such $7" %
law, as added by chapter seven hundred fifty-six of the laws of "4
nineteen hundred fifty-eight, is hereby repealed.*

* Nove—Suhdivision 8 of §612-a of the education law repealed by this act
requires on evaluation by the Regents of the scholarship program in engineer-
ing and science. Xt is replaced in section 13 of this act by a requirement of
an evaluation by the Regents of the entire scholarship and scholar incentive
programs.

Exrianation —~ Matter in étatics is new; mattcr in brackets [ ] is old law to be omitted.

OKGITAL


1364

5 él4,

amended.

amended.

4 STtt,
subd. §,
amended,

Laws oF New Yore, 1961 [Cuar.

§ 12, Section six hundred fourteen of such law, as last amended
by chapter seven hundred fifty-six of the laws of nineteen hundred
fifty-eight, is hereby amended to read as follows:

8 614. Scholarship and scholar incentive appeals board, The
regents shall, pursuant to rules adopted by it, appoint a scholar-
ship and scholar incentive appeals board, which board shall, pursu-
ant to rules adopted by the regents, review appeals of applicants
for ond recipicnts of scholarships and assistance under the scholar
incentive program provided for by sections six hundred one, six
hundred one-a, six hundred ten, six hundred eleven, six hundred
twelve and six hundred twelve-a of this chapter with respect only
to the amount or amounts of such scholarships or assistance applied
for or awarded.

§ 13. Such law is hereby amended by adding thereto a new
section, to be section six hundred seventeen, to read as follows:

§ 617. Evaluation of scholarship and scholar incentive programs
by the regents. On or before January first, nineteen hundred sizty-
three, and at least every three years thereafter, the regents shall
make @ report to the governor and the legislature evaluating ell
scholarship programs and the scholar incentive program established
by this article, which report shall contain such recommendations
with respect to such programs as the regents may deem appropriate.

§ 14. Paragraph i of subdivision two of section three hundred
fifty-five of such law, as amended by chapter five hundred twenty-
five of the laws of nineteen hundred fifty-three, is hereby amended
to read as follows:

i. To regulate the admission of students, prescribe the qualifica-
tions for their continued attendance, regulate tuition charges where
nO provision is otherwise made therefor by law, and regulate
ather fees and charges, curricula and ali other matters pertaining
to the operation and administration of each state-operated institu-
tion in the state university. Where an undergraduate state-oper-
ated institution of the state university is located adjacent to another
institution of higher education and students of such undergraduate
state-operated institution are, under arrangements made by the
state university, taking a substantial portion of their courses at
such other institution, the state university trustees may permit
the students of such undergraduate state-operated institution,
suhject to such conditions or limitations as they deem advisable,
to participate in the extra-curricular activities and utilize services
of such other institution if those privileges are extended by such
other institution. [No tuition shall be charged for the instruction
of students who are bona-fide residents of the state of New York,
in any of the state-operated institutions of the state university
wherein, by law, tuition was free to residents prior to the acquisi-
tion of sueh institutions by the state university.]

§ 15. Subdivision five of section fifty-seven hundred eleven of
such law, as amended hy chapter six hundred thirty-four of the

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389] Laws or New Yorx, 1961 1365

laws of nineteen hundred fifty, is hereby amended to read as
follows:

5. [No tuition fee shall be required of a student purauing the
regular veterinary course, who for a year or more immediately pre-
ceding his admission to said veterinary college shall have been a
resident of this stateJ The tuition fees charged to [other]
students shall be regulated by Cornell university after consultation
with the state university trustees and all other fees and charges in
said veterinary college shall be fixed by Cornell university, and the
moneys so received shall be expended for the current expenses of
the said veterinary college,

§ 16. Subdivision five of section fifty-seven hundred twelve of 55%,

such Jaw, as amended by chapter six hundred thirty-four of the “"“™*
Jaws of nineteen hundred fifty, is hereby amended to read as
follows:

5, [Fees] The tuition fees charged to students shall be regulated
by Cornell university after prior consultation with the state uni-
versity trustees and ali other fees and charges in said college of
agriculture shall be fixed by Cornell university, and the moneys
received from these sources and from the sales of products shall be
credited to a separate fund and shall be used for the current
expenses of the said college of agricnlture.

§ 17. Subdivision six of section fifty-seven hundred fourteen of 327%

such Jaw, as amended by chapter six hundred thirty-four of the *™*
Jaws of nineteen hundred fifty, is hereby amended to read as
follows;

6. [Fees] The tuition fees charged to students shall be regu-
lated by Cornell university after prior consultation with the state
university trustees and ali other fees and charges in said college of
home economies shall be fixed by Cornell university, and the moneys
received from these sources and from the sales of prodncts shali be
credited to a separate fund and shall be used for the expenses of
said college of horse economics in such ways as the trustees of said
university may determine.

§ 18. Paragraph b of subdivision six of section fifty-seven $375,
bundred fifteen of such law, as amended by chapter six hundred I...

thirty-four of the laws of nineteen hundred fifty, is hereby
amended to read as follows:

b. [No tuition fee shall be required of any student of the New
York state school of industrial and labor relations who for a year
or more immediately preceding his admission to such school shall
have been a boua-fide resident of this state.J The tuition fees
charged to [other] students shall be regulated by Cornell univer-
stty after prior consultation with the state university trustees and
all other fees and charges in such sehool shall be fixed by Cornell
university.

Exrcanation — Matter in italics is new; matter in brackets [ ] is of¢ law to be omitted.

DXGITAL


1366

§ 6007,
amended.

§ 6102,

amended.

Laws or New York, 1961 [CHap.

§ 19. Section six thousand seven of such law is hereby amended
to read as follows:

§ 6007. [Admission] Tuition; disposition of fees and income.
[Students who are bona-fide residents of the state of New York for
one year preceding the date of admission shall be entitled to free
tuition in such college. Students who are not residents of the state
shall pay such sum for their tuition as shall be determined by
the hoard of trustees, who shall also fix the] The state university
trustees shall regulate tuition fees and other fees and charges to be
paid by students after prior consultation with the board of trustees
of the college. All moneys received for tuition from [nonresident]
students, those derived from the sale of the products of property
belonging to the state administered by the college, and from fecs
and charges or any other sources in the course of the administra-
tion of the college, notwithstanding the provisions of section one
hundred twenty-one of the state finance law, shall be credited to a
separate fund and shall be expended [for the current expenses of
such college and for its benefit in such ways as the board of trustees
may determine. The amounts so received and expended shall be
reported annually to the state comptroller.] as provided by sub-
division four of section three hundred fifty-five of this chapter.

§ 20. Section sixty-one hundred two of such law, as last amended
by chapter six hundred thirty-four of the laws of nineteen hundred
fifty, is hereby amended to read as follows:

§ 6102. Administration. Such college shall continue to be admin-
istered, as to the establishment of courses of study, the creation of
departments and positions, the determination of the number and
salaries of members of the faculty and other employees, the appor-
tionment and employment thereof, the maintenance of discipline
and as to all matters pertaining to its educational policies, activi-
ties and operations, including research work, by Alfred university,
as the representative of the state university trustees. AJl prop-
erty and equipment acquired for the use of such college shall be the
property of the state. [There shall be no tuition charged to
students residents of the state for instruction in such college.
Students who are not residents of this state shall pay such sum
for their tuition as shall be determined hy such university, as the
representative of the state university trustees.] Alfred university
shall regulate tuition fees at such college after prior consultation
with the state wniversity trustees. As [such] the representative], }
of the state university trustees, Alfred university shall also fix the
other fees and [other] charges to be paid by the students of the
college.

All moneys received for tnition from [nonresident] students,
those derived from the sale of products of property belonging to
the state administered by the college, and from fees and charges,
or any other sources in the course of the administration of the
college, notwithstanding the provisions of section one hundred
twenty-one of the state finance law, shall he credited to a separate
fund and shal] be expended for the enrrent expenses of such
college and for its benefits in such way as Alfred nniversity, as

DKGITAL


389] Laws or New Yore, 1961

the representative of the state university trustees, may determine.
The amounts so received and expended shall be reported annually
to the state comptroller.

§ 21. Section sixty-two hundred two of such jaw, as last amended
by chapter three hundred seventy-eight of the laws of nineteen
hundred fifty-two, the final paragraph thereof having been sepa-
rately amended by chapter seven hundred ninety-two of the laws
of nineteen hundred fifty-two, is hereby amended to read as follows:

§ 6202. Powers and duties. Such board of higher education shall
be a separate and distinct body corporate, shall have the duties and
powers of trustees of colleges as set forth in this chapter, unless
otherwise specifically provided in this article, and the institutions
and cducational units which such board shall conduct shall be part
of the common schooi system and shall have the powers and privi-
leges of evlleges and shall be subject to the visitation uf the regents
of the university. ‘Ihe control of the cducational work of such
institutions shall rest solely in the board of higher education which
shall administer all educational units controlled by it, as and under
the gencral name and title of the college of the city of New York;
bnt each urit of such college shall be given an appropriate and
distinctive designation, aud any existing unit, eunstitaling a college
for women, shall retain its present, distinctive name. The board of
higher education shall seleet and acquire all new sites hereafter te
be designated for public higher education in such city, and in rela-
tion to publie higher education therein, shall procure and pass upon
all plans for buildings on newly acquired sites, shall supervise
their erection, shall organize their faculties, shall approve and
administer their courses leading to academic, professional and
technical certificates, diplomas and degrees, shal! appoint their
officers of administration and instruction, shall prepare all their
budgets and shall generally control and administer all public
eQueation in such eity beyond the high school level, except the
teacher training courses which are now conducted by the board of
education of such city. In the establishment of future centers of
instruction, the hoard may, in its discretion, set them up as admin-
istrative divisions of ove or more of the existing institutions of
higher learning or it may establish them as distinctive educational
units. All laws in foree on May eleventh, nineteen hundred thirty-
five, relative to any existing public college of such city, not ineon-
sistent with the provisions of this section, are hereby declared to be
applicable to the educational system established under the board
of higher education.

The board shall control and kecp up the buildings and grounds
purehased by the city and oceupied and used by institutions and
units controlled by it; allow and regniate the use, gratuitously or
otherwise, of such property for other than college purposcs and
prescribe the fees, if any, that persons, associations or corporations
allowed to use it may charge; purchase materials, services, equip-
ment and supplies. But the hoard shall not sell, transfer or other-
wise dispose of land and buildings purchased by city funds. It

ExpLavation — Matter in itaiies ig new; mattcr in brackets [3 is oid law to be omitted.

1367

§ a2il,
amended.

DXGITAL


1368

Laws or New Yors, 1961 [Cutar.

may, however, accept and administer for college purposes, gifts of
Jend, bequests, trusts, money and bnildings from private sources
aud erect buildings on college land out of money not furnished by
the city; and gifts of money, endowments, fees, interest aud other
income uot derived from public taxation or the public credit shall
be administered by it for collegiate pnrposes in connection with
the units under its control. The board shall establish positions,
departments, divisions and faculties; appoint and in accordance
with the provisions of law fix salaries of teachers and other
employees therein; establish and conduct courses and curricula
[and]; prescribe conditions of student admission, attendance and
discharge; and shall have the power to determine in its discretion
whether tuition shall be charged and to regulate tuition charges
and other fees and charges at the institutions and educational units
which the board shall conduet. [The board shall furnish the bene-
fits of collegiate education gratuitously to citizens who are actual
residents of the city, except as otherwise provided in this section
and in sections sixty-two hundred three and sixty-two hnndred
four of this chapter, and who are qualified for admission to any
regular undergraduate course of study leading to a baccalaureate
degree and to any course of study in any preparatory, training or
model school connected with any institution under its control; and
it may furnish gratuitously or otherwise for male and female
students, actual residents (exeept as otherwise provided in section
sixty-two hundred four) or employees of said city and non-matricu-
lated students, additional technical, professional and special courses
of study and other educational advantages.] The board may accept
as partial reimbursement for the education of veterans of the
armed forees of the United States who are otherwise qualified such
sums as may be authorized by federal legislation to be
paid for such education. The board may conduct on a fee basis
extension courses and courses for adult education appropriate to
the field of higher education. In all conrses and courses of study it
may, in its discretion, require students to pay library, laboratory,
locker and breakage fees and meet the cost of books and consumable
supplies. The board shall, on the recommendation of its faculty or
faculties, grant the certificates, diplomas and degrees which were
announced in the bulletins of the existing public institutions of
higher learning published for the term beginning immediately prior
1o April sixteenth, niueteen hundred twenty-six, and also such
other degrees and honors as the regents may hereafter specifically
authorize it to grant. The board shall submit to the board of esti-
mate, or like financial body of the city, annually un or before the
first day of Febrnary, an estimate of the total sum of money which
will be required for the ensuing fiscal year for the support, mainte-
nance and opcratiou of cach of its schools, colleges, divisions, and
sessions which have been in opcration for a year, which estimate
shall consist of two parts, (a) the sum of money that will be needed
to pay the compensation and salaries of all officers of edministra-
tion and instruction aud other employces of each such center fixed
pursuant to the provisious of law and (b) the sum of money that
will be needed for all other purposes connected with their mainte-

OKGITAL


389] Laws or New Yor, 1961

nanee and operation, inclnding the purchase of supplies, materials,
equipment, repairs and services. The total sum, including both
items, shall not excced the amount appropriated for these purposes
by the city for the then current year, increased or decreased by a
per centum thereof equal to the per centum increase or decrease of
students registered in the day session of such center on the first
day of the preceding November as compared with the students so
registered a year earlier (or, if the center was not open for students
a year earlier, the initial enrollment shall be used) ; and the board
of estimate and the council, or like authorities of the city discharg-
ing such functions, are authorized and directed to raise and appro-
priate in the anaual budget of the city, to the board, each total
sum so estimated, and in addition to appropriate to such board such
further sums, then or at other times, as may be required by law;
aud the beard of estimate, or like financial body, may at any
time make appropriations to the board, on its own motion, or on
recommendation of such board, for the alteration and constrnetion
of buildings, and to meet any emergency or ayy situation that was
not Forescen at the time the anuual estimate was prepared. When
a center is first opened, the hoard shall submit an initial estimate
of the sum needed for its support, maintenance and operation,
based on an estimated original enrollment of students, for the
fiseal year or portion thereof immediately following. Such estimate
shall be acted upon as hereinbefore preseribed for current annual
budgets; and in the event that an initial appropriation be for a
part of ihe fiscal year only, then in making caleulation for the
succeeding annual appropriation, the initial appropriation shall
be taken as the appropriate fractional base. Money appropriated
by the city to the board for college purposes, shall be placed in the
eustody of the comptroller of the city to the eredit of such board
and all disbursements from such funds shall be made by the
comptroller acting for and in behalf of such board upon requisitions
duly audited and signed by the board or by a person or persous
appointed by snch board, by resolution filed with the comptroller,
to act for it. The comptroller shall audit such account of the hoard
in the same manner as he audits the account of the hoard of educa-
tion of the city. Amy balance of any annual appropriation made
by the city to the board, which may be unappropriated for college
purpnses by the board ninety days after the expiration of the
calendar year for which the appropriation was made, shall revert
to the city treasury and be eredited to such uses as the hoard af
estimate or like financial bady of the city may direct.

The salaries and salary schedules of all members of the imstrue-
tional staffs as defined in section sixty-two hundred six of the
education law, shall continue to be no lower than those established
by the board of higher education and approved by the board of
estimate on or before the thirty-first day of Deeembcr, nineteen
hundred fifty-one.

§ 22. All existing tuition charges and other provisions relating
to the matter of tuition in institntions of the state university and
of the board of higher education in the city of New York shall

Exriaxation — Matter iu ifalics is new; matter in brackets [] is old law ta he omitted.

1869

DXGITAL


1370

Appropriates:
$6, 600,000.

Eauration
Tan,

$ Gil,
subd.'1,,
areended.

B Slt,
subd. 3,
repealed,

Laws or New Yors, 1961 [Cuar.

continue in effect until such time as different provisions may be
made by the governing bodies thereof pursuant to the provisions
of the education law us amended by this act.

§ 23. The sum of six million six hundred thousend dollars
($6,600,000), or so much thereof as may be neecssary, is hereby
appropriated to the scholarship and scholar ineentive fund of the
university of the state of New York out of any moueys in the state
treasury in the general fund to the credit of the state parposes fund
not otherwise appropriated.

§ 24. This act shall take effect immediately, but the assistance
provided under the New York state scholar incentive program
established by this act shall first be payable to qualifying students
for semesters commencing on or after January first, nineteen
hundred sixty-two,

CHAPTER 390

AN ACT to amend the education law, in relation to inereasing the number of
regents scholarships for basic professional education in nursing awarded on
the basis of merit and financial necd, and repealing existing subdivision
three of section six hundred eleven

Became a law April 11, 1961, wilh the approval uf the Governor. assed, by

a majority vote, ¢hree-lifths heing present

The People of the State of New York, represented in Senate and Assembly,
do enact as follows:

Section 1. Subdivision one of section six hundred eleven of the
education law, as amended by chapter seven hundred fifty-six of
the laws of nineteen hundred fifty-seven, is hereby amended to
read as follows:

1. Three hundred rogents scholarships are hereby established
to be awarded annually to persons who at the date of such award
are, and for one year next prior to such date have been, legal resi-
dents of this state for attendance at schools of nursing in this
state approved by the regents for the training of registered pro-
fessional nurses. ‘lwo such scholarships shall be awarded each
county annually for each assembly district thereiu and shall be
awarded to the county at large without regard to assembly district
boundaries. Each assembly district which contains more than
ane county shall be awarded two scholarships of which not more
than one shall be awarded to any one county. If for any reason
no qualified applicant for a scholarship awarded under this sec-
tion is available the commissioner may award such scholarship to
the best qualified applicant in any ociher county. Each sich
scholarship shall entitle the recipient thercof to the sum or sums
hereinafter pravided for each year of attendance, not exceeding
four years, al such a school of nursing, until completion of the
registered professional nursing course of study therein.

§ 2. Subdivision three of section six hundred cleven of such
law, as last amended by chapter five huudred forty-seven of the
laws of uineteen hundred fifty-cight, is hereby repealed.*

*Note.—The substance of subdivision 3 of §611, repealed hereby, is now
incorporated in subdivisions 1 and 2 of §611, as amended by this act.

DKGITAL


891] ; Laws or New Yor, 1961 1371

§ 3. Section six hundred eleven of such Jaw is hereby amended iw
by renumbering existing subdivision two thereof, as amended by iim”
chapter seven hundred fifty-six of the laws of nineteen hundred
fifty-seven, to be subdivision three, and inserting a new subdivision
two, to read as follows:

2. Three hundred additional regents scholarships are hereby
established to be awarded annually to persons who at the date of
such award are, and for one year next prior to such date have been,
legal residents of this state for attendance ai schools of nursing
in this state approved by the regents for the training of registered
professional nurses and which de not grant a degree in course.
Each such scholarship shall entitle the recipient thercof to the sum
or sums hereinafter provided for cach year of attendance, not
exceeding three years, at such a school of nursing, until eomple-
tion of the registered professional nursing course of study therein,
Two such scholarships shall be awarded each county annually for
each assembly district therein and shall be awarded to the county
at large without regard to assembly district boundaries. Hach
assembly district which contains more than one county shall be
awarded two scholarships of which not more than one shall be
awarded to any one county. If for any reason no qualified appli-
cant for a scholarship awarded under this section is available the
commissioner may award such scholarship to the best qualified

applicant in any other county.

§ 4. This act shall take effeet April first, niueteen hundred Wit"
sixty-one, 1961.

CHAPTER 391

AN ACT to amend the education lew, in relation to regents college scholar-
ships, state war service scholarships for veterans, state scholarships for the
children of members of the armed forces of the United States who died while
serving in such armed forces of the United States ur as a result thereof,
regents scholarships for professional cdueation in medicine and dentistry,
regents scholarships for basic professional education in nursing, repents
scholarships for education in engineering and science, udditicnal regents
scholarships for education in engineering and science, state scholarships for
advanced professional education in nursing and regonis seholerships in
Corvell university, aud to repeal section six hundred fourteen thereof in
relation to the scholarship appeals board

Became a law April 11, 1961, with the approval of the Governor. Passed, by
a Majority vote, three-fifths being present

The People of the Stele af New York, represented in Senate and Assembly,
do enact as follows:

Section 1. Subdivision four of section six hundred one of the udveation
education Jaw, as amended by chapter seven hundred fifty-six Fat,
of ihe laws of nineteen hundred fifty-seven, is hercby nmended sutniKs.
to read as follows:

4. Each such regents college scholarship shall entitle the recipient

thereof to the sum or sums lereinafter provided while in attendance

EXPLANATION — Maider in ttafics is new; metter in brackets [ ] is old law to be omitted.

DXGITAL


1872

§ Ot,
subd. 1,

amraded,

Emu
Sub. %,

ainda,

Laws or New Yous, 1961 [CHAP.

upon an approved college in this state during a period of not
to exceed four years of undergraduate study, to be paid upon
the warrant of the ecomptroiler issued with the approval of the
commissioner to or for the benefit of such recipient under regula-
tions prescribed by the commissioner out of the fund referred
to in section six hundred two of this chapter. Such approval
shall be given upon vouchers or other evidence showing that the
person named therein is entitled to receive the sum specified,
either directly or for his or her benefit. Payments may be made
directly to the eollege attended by the person named in such cer-
tifieate, in behalf of and for the benefit of such person under
Tegulations prescribed hy the commissioner. Rut a person who
[completed the requirements for a regents college scholarship in
the month of January immediately prior to the actual award of the
scholarship and who in the interim] entered upon a course of study
in a college within thirteen months of the effective date of the
scholarship award may on application have such certificate become
effective at the time when he began his regular college course.
If a scholarship recipient attends an institution under an accelerated
program, payments may be made upon an accelerated basis.

§ 2. Subdivision one of section six hundred four of such law,
as amended by chapter four hundred seventy-nine of the laws
of nineteen hundred fifty-nine, is hereby amended to read as
follows:

1, The commissioner shall cause to be prepared for each
county of the state annually, not later thau the [months] month
of August, from the records of the education department, a list
of the names of all pupils residing therein who [Aare citizens,
or are minors and natural children of parents, at least one of
whom is a citizen or has duly declared intention of becoming such
citizen in accordance with law'] meet the citizenship requirements
prescribed by regents’ rule, and are entitled to regents college
scholarships pursuant to law and regents’ rules, Such list shall
algo show the standing of the pupils in the examination on which
each of such scholarships was issued.

§ 8. Subdivision three of section six hundred four of such
law, as amended by chapter seven hundred fifty-six of the Jaws
of nineteen hundred fifty-seven, is hereby amended to read as
follows:

8. The regents college scholarships to which each county is
entitled shall be awarded by the commissioner annually not later
than the month of August to those pupils residing therein whe
[are citizens, or are minors and natural children of parents, at
least one of whom is a citizen, and] are entitled to such scholar-
ships, pursnant to law and regents’ rules, in the order of their
merit as shown by the list prepared as provided in subdivision
one of this section.

§ 4. Subdivision seven of section six hundred four of such law,
as amended by chapter seven hundred fifty-six of the laws of
ninetcen hundred fifty-seven, is hereby amended to read as follows:

DXGITAL


391] Laws or New York, 1961

7. The commissioner may grant a leave of absence for a period
of not to exceed [twelve] twenty-four months to any holder of
such a regents college scholarship who is temporarily unable to
avail himself of the benefits of such ‘scholarship because of ill-
ness oF other cause satisfactory to the commissioner. Notwith-
standing the time limitation contained in section six hundred one
of this article, the granting of such leave shall operate to extend
the period of time during which the holder of such scholarship
shall be entitled to the benefits thereof and shall not operate to
reduce the total amount of such benefits.

5. Subdivision four of section six hundred eight of such law,
as added hy chapter four hundred forty-eight of the laws of
niuetceu hundred fifty-three, is hereby amended to read as follows:

4. The commissioner of education may grant a leave of ahsence
for a period of not to exeeed [twelve] twenty-four months to
any holder of such a scholarship who is temporarily unable to
avail himself of the benefits of such scholarship because of ill-
ness or other cause satisfactory to the commissioner. Notwith-
standing the time limitation contained in this section, the grant-
ing of such leave shall operate to extend the period of time
during which the holder of such scholarship shall be entitled to
the henefits thereof and shall not operate to reduce the total
amount of such benefits.

§ 6. Section six hundred nine of such law, as amended by
chapter three hundred seventy-two of the laws of nineteen hun-
dred fifty-five, is hereby amended to read as follows:

§ 609. State scholarships for the children of members of the
armed forces of the [Jnited Siaies, who died while serving in such
armed forces of the United States or as a result thereof. One
hundred state scholarships annually are hereby established for the
benefit of resident children of veterans of the armed forces of the
United Statcs who served on active duty in world war I or world
war II or between June twenty-fifth, nineteen hundred filly, and
July twenty-scventh, nineteen hundred fifty-three, and who were
legal resideuts of New York State at the time of entry into such
service and who died while so serving or as a result of service-
connected injury or illness suffered or incurred while so serving
during one of the periods set forth above, as determined by the
United States Administrator of Veterans Affairs, and who shell
have or acquire the necessary qualifications as to secondary or
other preparatory education to he required by the commissioner
of education under rules and regulations to he established by him
as hereinafter provided. Any [scholarship] scholarsktps herein
provided for which arc not awarded in any year hecanse of lack
of eligible applicants, may be awarded by the commissioner to
eligible children of other honorahly discharged veterans of the
United States who were citizens and residents of this state at the
time of their demise, If any person entitled to a scholarship or

Exrtanation - - Matter in italics is acw; matter in brackets [] is old law to be omitted.

1373

§ 608,
subd.’ #,
amended,

§ 803,
amended,

DKGITAL


13874

Laws or New Yors, 1961 (CHar,

a holder of the same shall since July first, nineteen hundred forty,
have become or shall hereafter beeome a member of the armed
forces of the United States, his scholarship shat] not be deemed
vacant and he shall be entitled to reinstatement and to the unused
benefits of his scholarship, if he resumes his college education
within eighteen months after honorable discharge. In the event
that all of snch scholarships are not awarded as hereinbefore pro-
vided, those remaining may bo awarded by the commissioner to the
eligible children of other honorably discharged disabled veterans
of the United States. At no time shall there be more than four
hundred scholarships established and maintained for the entire
state. Hach of such scholarships shall eutitle the holder thereof
to a sum nol exceeding four hundred fifty dollars per year, while
in attendance upon any approved college or university of his
selection, located within the state, such sum to be paid by the
state to the authorities of the institution at which such scholarship
holdcr shall be in attendance, in trust, to be uscd for the payment
of the expenses of such scholarship holder while in attendance upon
instruction under such scholarship, whether [or tuition or msinte-
nanee, provided however that no such annnal payment shall be
made to the same individual for a period longer than four years.
If a scholarship holder attends an institution under an accelerated
program, payments may be made upon an accelerated basis. The
commissioner of education shal! award such scholarships and for
that purpose shall establish rules and regulations for ascertaining
the edueational qualifications of persons who may be entitled to
the benefits of this section. The commissioner shall hold eompeti-
tive examinations at least once a year and shall select the students
to be certified for such scholarships. Any such scholarship may
be revoked by the commissioner of education for cause. The
authorities in control of an institution to which a person is admitted
for instruction under this scction shall cause the certificate of
appointment of such person as a holder of such scholarship to be
filed with the comptroller, and moneys appropriated for carrying
out the provisions of this section shall be paid hy the state comp-
troller upon the certificato of the commissioner of education accom-
panied by vouchers signed by the anthorities in control of the
institution to which the money is to be paid, provided, however,
@ person who enters upon a regular course of study in a eollege
within thirteen months of the effective date of the scholarship
award may on application have such certificate become effective at
the time when he began such regular college course. The eom-
missioner of education may grant a leave of absence for a period
of not to exceed [twelve] twenty-four months to any holder of
such a scholarship who is temporarily unable to avail himself of
the benefits of such scholarship becanse of ilmess or other cause
satisfactory to the commissioner. Notwithstanding the time limi-
tation contained in this section, the granting of such leave shall
operate to extend the period of time during which the hotder of
such scholarship shall be entitled to the benefits thereof and shall
not operate to reduee the total amount of such benefits.

OKGITAL


391] Laws or NEw Yorr, 1961

§ 7. Subdivision one of section six hundred ten of such law,
as amended by chapier seven hundred fifty-six of the laws of nine-
teen hundred fifty-seven, is hereby amended to read as follows:

1. Regents scholarships are hereby established to be awarded
annually in such number, as may be fixed and determined by the
regents, with the approval of the director of the budget, for attend-
ance by legal residents of this state who meet the citizenship require-
ments prescribed by regents’ rule at approved medical or dental
schools within this state.

§ 8. Subdivision seven of section six hundred ten of such law,
as amended by chapter seven hundred fifty-six of the laws of nine-
teen hundred fifty-seven, is hereby amended to read as follows:

7. The commissioner may grant a leave of absence for a period
of not to exceed [iwelve} twenty-four months to any recipient of
such a scholarship who is temporarily unable to avail himself
of the benefits of such scholarship because of illness or other cause
satisfactory to the cominissioner. Notwithstanding the time limita-
tion contained in this section, the granting of such lcave shall
operate to extend the period of time during which the reeipient of
such scholarship shall be entitled to the benefits thereof and shall
not operate to reduce the total amount of such benefits.

$ 9. Subdivision six of section six hundred eleven of such law,
as amended by chapter sevon hundred fifty-six of the laws of
nineteen hundred fifty-seven, is hercby amended to read as follows:

6. Payments under this section shall be made by the comptroller
on the certificate of the commissioner to or for the benefit of the
recipient of such scholarship. Such approval shall be given on
voucher or other evidence showing that the person named therein
is eutilled to receive the sum specified, either directly or for his
benefit. Payments may be made directly to the school attended
by the person named in such certificate, in behalf of and for the
benefit of such person, provided, however, @ person who enters upon
a regular course of study at a school of nursing within thirteen
months of the effective date of the scholarship award may on
application have such certificate become effective at the time when
he began such regular nursing course. If a scholarship holder
attends an institution under an accelerated program, payments may
be made upoa an accelerated basis.

§ 10. Subdivision six of section six huudred twelve of such law,
as amended by chapter seven hundred fifty-six of the laws of nine-
teen bundred fifty-seven, is hereby amended to read as follows:

6, Paymeuts under tbis section shall be made by the comp-
troller upon the certificate of the commissioner to or for the benefit
of the recipient of the scholarship. Sueh approval shall be given
upon vonchers or other evidence showing that the person named
tbercin is entitled to receive the sum specified, citber directly or
for his benefit. Payments may be made directly to the eollege

Exrranarion - Matter in italics is new; matter in brackets [ J is old law to be omiticd.

1375

& AIA,
subd. 1,
amendecl,

€ nT,
subd. T,
amended.

8 at,
subd," ¢,,
amendca,

§ 412,
subd. 6,
amended,

DXGTAL


1376

$ 612,
Bula,” 7,
amended,

3 612-2,
aubt 6,

amended.

3 612-4,
subd. 7,
amended.

Taws or New York, 1964 [Cmap.

allended by the person named in such certificate, on behalf of
and for the benefit of such person, A person who enters upon a
regular course of study in engineering or science in a college within
thirteen months of the effective date of the scholarship award may
on application have such certificate become effective at the time
when he began such regular course. If a scholarship holder attends
an institution under an accelerated program, payments may be
made upon an accelerated basis.

§ 11. Subdivision seven of section six hundred twelve of sneh
law, as amended by chapter seven hundred fifty-six of the laws
of nincteen hundred fifty-seven, ia hereby amended to read as
follows:

7. The commissioner may grant ao leave of absence for a period
of not to exceed [twelve] twenty-four months to any recipient
of a scbolarship under this section who is temporarily unable to
avail himself of the benefits of such scholarship because of illness
or other eause satisfactory to the commissioner. <Any recipient
of a scholarship under this section who hereafter becomes a member
of the armed forces of the United States shall be entitled to rein-
statement and to the unused benefits of his scholarship if he
commences or resumes his college education within eighteen months
after honorable discharge. The granting of a leave of absence
by the commissioner hereunder or the delay or interruption of
study by virtue of military service as herein provided shall operate
to extend ihe period of time during which the recipient of such a
scholarship shall be entitled to the benefits thereof and shall not
operate to reduce the total amount of such benefits.

§ 12. Subdivision six of section six hundred twelve-a of such
law, as added hy chapter seven hundred fifty-six of the laws of
nineteen hundred fifty-eight, is hereby amended to read as follows:

6. Payments under this section shall be made by the comp-
troiler upon the certificate of the commissioner to or for the
benefit of the recipient of the scholarship, Such approval shall
be given upon vouchers or other evidence showing that the person
named therein is entitled to receive the sum specified, either
directly or for his benefit. Payments may be made directly to
the college attended by the person named in such certificate, on
behalf of and for the benefit of such person. A person who enters
upon a regular course of study in engineering or science in «
college within thirteen months of the effective date of the scholar-
ship award may on application have such certificate become
effective at the time when he began such regular course. If a
scholarship recipient attends an institution under an accelerated
program, payments may be made upon an accelerated basis.

§ 13. Subdivision seven of section six hundred twelve-a of such
law, as added by chapter seven hundred fifty-six of the Jaws of
ninetcen hundred fifty-eight, is hereby amended to read as follows:

7. The commissioner may grant a leave of absence for a period
of not to exceed [twelve] twenty-four months to any recipient

OKGITAL


391] Laws or New York, 1961

of a scholarship under this section who is temporarily unable
to avail himself of the beuefils of such scholarship because of
iHness or other cause satisfactory to the commissioner. Any recip-
jent of a scholarship under this section who hereafter becomes
a member of the armed forces of the United States shall be entitled
to reinstatement and to the unused benefits of his scholarship if
he commences or resumes his college education within eighteen
months after honorable discharge. The granting of a leave of
absence by the commissioner hereunder or the delay or interrup-
tion of study by virtne of military service as herein provided
shall operate to extend the period of time during which the
recipient of such a scholarship shall be entitled to the benefits
thereof and shall not operate to reduce the total amount of such
benefits.

§ 14. Subdivision one of section six hrmdred thirteen of such
Jaw, as added by chapter eight hundred ninety of the laws of
nineteen hundred fifty-six and renumbered by chapter seven
hundred fifty-six of the laws of nineteen hundred fifty-seven, is
hereby amended to read as follows :

1. Thirty state scholarships are hereby established to be awarded
annually to persons who [at the date of such award] meet the
citizenship requirements prescribed by regents’ rule, aref, and
for one year next prior to such date have been,] legal residents
of this state, and who are registered professional nurses duly
lieensed in this state, for attendance at any college, university or
professional school in this state approved by the regents for tbe
purpose of advanced education in teaching or administration of
nursing,

§ 15. Section six hundred fourteen of such law, as amended by
chapter seven hundred fifty-six of the Jaws of nineteen hundred
fifty-eight, is hereby repealed.

§ 16. Subdivision two of section fifty-seven hundred ten of such
law, as added by chapter nine hundred twenty-two of the laws of
nineteen hundred fifty-seven, is hereby amended to read as follows:

2, Beginning with the nineteen hundred fifty-eight series, such
scholarships shall be kiowu as regents scholarships in Cornell
university. Cornell university shall grant tuition-reducing regents
scholarships in Cornell university in the total amouut of thirty
thousaud dollars each year for new freshman awards. At least
one such scholarship shall be awarded annually for each senatorial
district of the state. The amount of snch scholarships shall he
determined by the finaucial need of the scholarship [holders]
recipients as provided in subdivision seven. Each such scholarship
shall entitle the [holder] recipient thercof to a credit against
inition in any one of the tuition-paying divisions of Cornell
university for four or five years, respectively, depending on the
number of years required for the baceataureate degree. Jf a

Expranation — Matter in italfes is new; matter in brackets [ ] is eld law ta be omitted.

137

§ 6-3,
subd,’ 1,
aliwnded,

$ Bt4,
Tepealed.

8710
fat 's,

aateeided,

7

DXGITAL


1378

§ ATO,
auba, 8,
aunerided.

§ 5710,
subd. 4,
aniunded.

Laws or New Yorr, 1961 [CHap.

scholarship recipient attends Carnell university under an acceler-
ated program, payments may be made upon an accelcratcd basis.
No such scholarship shall reduce the tnition by less than one
hundred nor by more than one thousand dollars.

§ 17. Subdivision three of section fifty-seven hundred ten of
anch law, as added by chapter nine huudred twenty-two of the
laws of nineteen hundred fifty-seven, is hereby amended to read
as follows:

8. Such scholarships shall be awarded annually by Cornell
university in the order of merit to candidates who have established
eligibility pursuant to subdivision fonr of this section and whose
Names appear on lists established as the result of competitive exam-
jnations on subjecis designated by, and prepared under the
direction of, the commissioner of education [and held between
January first and July first of each year]. The commissioner
of education shall certify such lists, consisting of the names
of candidates residing in each senatorial district, respectively,
together with a statewide list consisting of the names of all candi.
dates, to the president of Cornell university,

§ 18. Subdivision four of section fifty-seven hundred ten of
such law, as added by chapter nine hundred twenty-two of the
laws of nineteen hundred fifty-seven, is hereby amended to read as
follows :

4. In order to be eligible for such a scholarship a stndent
[must have been in attendance at a registered secondary schoo!
for at least one semester of the school year immediately preceding
the award of the scholarship,] mnst [be a citizen of the United
States] moet the attendance and citizenship requirements pre-
serthed by regents’ rule, must he a resident of the state of New
York, and a resident of the area from which he competes, must
make formal application for the scholarship [to Cornell wuiversity]
and must mect the reqnirements for admission to Cornell university,
ineluding the filing of a formal application for admission before
the deadline date established by Cornell university.

§ 19. Subdivision one of section six hundred eleven of such
law, such seetion having been renumbered and such subdivision
haying been amended by chapter seven hundred fifty-six of the
laws of nineteen hundred fifty-seven, is hereby amended to read
as follows:

1. Three hundred regents scholarships are herehy established
to be awarded annually to persows whe [at the date of such award]
are[, and for one year uext prior to such date have heen,] legal
residents of this state and who meet the citizenship requirements
prescribed by regents’ rule, for attendance at schools of nursing
in this state approved by the regents for the traiuing of regis-
tered professional nurses. Two such scholarships shall be awarded
each county annually for each assembly district therein and shall
be awarded to the county at large without regard to assemhly
district boundaries. Each assembly distriet which contains more

DKGITAL


392] Laws or New Yorx, 1961 1379

than one county shall be awarded two scholarships of which not
more than one shall be awarded to any one county. If for any
reason no qualified applicant for a scholarship awarded under this
section is available the commissioner may award such scholarship
to the hest qualified applicant in any other county.

§ 20. This act shail take effeet April first, nineteen hundred #. ae
sixty-one.

CHAPTER 392

AWN ACT to amend the education Inw, the hanking Jaw and the insurance law,
in relation to the operations of the New York higher education assistance
verporation and empowering cerlaiu financial, iusnrance wud vier instilu-
tions to participate ia the prograin of such corporation

Became a law April 11, 1961, with the approve! of the Governor, Passed, ky
a majorily vote, three-fifths being present

The Peaple af the State of New York, represented in Senate and Assembly,
do enact as follows:

Section 1. The education law is hereby amended by adding Fazctton
thereto a new section, to be section six hundred fifty-one-a, to Px...
read as follows: added.

§ 651-a. Definitions, As used in this article, the following terms
shall have the following meanings:

1. “Corporation”? shall mean the New York higher education
assistance corporation;

3. “‘Board’’ shall mean the board of directors of the New York
higher education assistance corporation;

3. College’’ shall mean any institution of higher education,
recognized and approved as such by the regents of the university
of the state of New York, which provides a course of study lead-
ing to the granting of a post-secondary degree or diploma.

§ 2. Subdivision one of section six hundred fifty-three of such 3,87),
law, as amended by chapter one hundred fifty-four of the Jaws *™u¢ed.
of niueteen hundred fifty-eight, is hereby amended to read as fol-
lows:

1. To lend money, npou such terms and conditions as the hoard
may prescribe, within the limitations contained [herein] in this
article, to persons who are residents of this state and who are
aliending or plan to attend colleges in this state or elsewbere, to
assist them in meeting their expenses of bigher cduecation; pro-
vided, however, that no such person shall receive any Joau or
Jeans in excess of [one thousand] fijteen hundred dollars for any *
school year and that no such person shall receive a total of more
than [five thousand] seventy-five huatred dollars, and to guarantee
the loan of money, upon such torms and conditions as the board.
may preseribe, within the imitations contained in this article, to
persons who are residents of the stale and who are attending or

EXxPLaNaTIon — Matter in fatics is new; matter in brackets [] [s old law tu be omitted.

DXGITAL


1380

New
83 652-a,
8uI-b,
added.

Laws or New Yorx, 1961 [Cuap,

plan to attend colleges in this state or elsewhere, to assist. them
in meeting their expenses of higher education; provided, however,
that no loan to such a person shall be gueranteed to an amount
in excess of [one thousand] fifteen Aundred dollars for any school
year and that the total loan to such a person shall not be guaranteed
in an amount of more than [five thousand] seventy-five hundred
dollars. Students who ere attending or plan to attend colleges
on a part-time basis shall be eligible for loans hereunder. The
board shall, by rule, establish minimum qualifications for a per-
son to be deemed a part-time student for the purposes hereof. The
board shall have the power to procure a policy or policies of group
life insurance to insure the repayment of loans made or guaranteed
by the corporation in the event of the death of an individual to
whom a loan ts made or guaranteed hereunder.

§ 3. Such law is hereby amended by adding thereto two new
sections, to be sections six hundred fifty-three-a and six hundred
fifty-three-b, to read as follows:

§ 653-0. Interest on loans. 1. No loan made or guaranteed by
the corporation shall bear interest at a rate in excess of siz per
cent per annum; nor shall the corporation guarantee any loan
which bears interest at a rate higher than the then prevailing rate
of interest up to a maximum af six per cent per annum which
the lender charges to other persons for similar type loans which
are not guaranteed by the corporation, unless the board determines
that such a higher ‘rate of interest is justified by special cir-
cumstances and would be consistent with the general objectives of
the corporation.

2. In the case of loans made by the corporation, there shall be
paid ta the corporation from the state treasury annually a sum
sufficient to pay the amount of all of the interest payable pursuant
to subdivision one of this section, on behalf and for the account
of the borrower, during the period during which the borrower
a3 regularly pursuing the college program for which such loan
was made, hut not to exceed five years from the granting of the
loan. Upon the borrower’s completion of such college program,
or upon the carlicr ternvination thercof prior to completion, or
upon the expiration of five years from the granting ef the loan,
whichever occurs first, such interest thereafler accruing on such
loan, up to a mazimum of three per centum per annum thereof
shalt be paid by the borrower directiy, and there sholl be paid
to the corporation from the state treasury annually a sum sufficient
toa pay the amount of any such interest in excess of said three
per centum per annum thereof, on behalf and for the account of
the borrower.

3. In the ease of loans guaranteed by the corporation, all of the
interest payable pursuant to subdivision one of this section shall
be paid, on behalf and for the account of the borrower, by the
corporation during the period during which the borrower is regu-
larly pursieing the college program for which such loan was made,

DXGITAL


392] Laws or New Yorx, 1961

but not io exceed five years from the granting of the loan. Upon
the borrower's completion of such college program or upon the
earlier termination thereof prior to completion or upon the expira-
tion of five years from the granting of the loan, whichever occurs
first, such interest thereafter accruing on such loan, up to a
maximum of three per centum per annum thereof shall be poid
by the borrower directly, and any such interest in excess of said
three per centum per annum thereof shall be paid by the corpora-
tion, on behalf and for the account of the borrower. There shall
be paid to the corporation from the state treasury annually a sum
sufficient to pay the amount of any such interest in excesa of
said three per centum per annum thereof.

§ 653-b. Repayment of loans. 1. The terms and conditions of
any loan made or guaraniced by the corporation shall not require
the borrower thereof to commence the repayment of his loan and
any interest which he may be obliged to pay thereon, earlier than
one year following his completion or other termination of the
college program for which such loan was made or three months
after he becomes regularly employed or self-cmployed following
such completion or other termination of his college program or upon
the expiration of sic years from the granting of the loan, whtch-
cver occurs first. Such a@ borrower shall not be required to repay
in full any such loan or any interest thereon earker than within
four years following his compiction or other termination of his
college program where the principal amount of the lean does
not exceed the sum of fifteen hundred dollars, or sin years where
such principal amount is fifteen hundred dollars or more but less
than three thousand dollars, or eight years where such principal
amount ts three thousand dollars or more but lesa than five thou-
sand dollars, or twelve years where such principal amount is five
thousend dollars or more.

2. Notwithstanding anything to the contrary provided in this
section, the corporation may make or guarantee a loan under
terms and conditions with respect to repayment which are more
lenient or more restrictive as te the borrower than provided for
by this section if the board determines that such action on sts
part is justified by special circumstances and would be consistent
with the general objectives of the corporation. In the case of
medical students consideration shall be given to the period of
formal internship, residency training and fellowship, if any, and
to financial need in determining the period of repayment, In the
case of borrowers on active duty in the armed forces for not more
than two years consideration also shall be given te financial need
in determining the period of repayment.

§ 653-c. Application. The provisions of sections siz hundred B%,
fifty-three-a and six hundred fifty-threc-b shall apply, as of July *4

first, nineteen hundred siaty-one, to all loans made or guaranteed
by the corporation oulstanding on that date ond shall also apply
to ail loans subsequently made or guaranteed by the corporation

Exrranation —- Matter in sales is new; matter in brackets [] is old Jaw ta be omitted.


1382

§ 686,
amended.

& t98,,
mnended.

Banking
Taw,
3 380,

new
subd, 3-8,
addet

Laws or New York, 1961 [Crar.

except thal the above provisions shall not apply to any loans in
default on the above date,

§ 4. Section six hundred fifty-six of such law, as added by
chapter three hundred sixty-seven of the laws of nineteen hun-
dred fifty-seven, is hereby amended to read as follows:

§ 656. Tax exemption of corporation. 1. The property, income,
obligations and activities of the New York higber education assist-
ance corporation shal} be exempt from all taxes and assessments
[except that the bonds or other obligations of the corporation, and
the income therefrom, shall not be exempt from taxation by virtue
of this section].

4. The state of New York covenants with the holders of the
obligations and notes issued by the corporatian pursuant to this
article, that the corporation shail not be required to pay any fazes
or assessments upon any of its property or upon tts activities pur-
suant to the provisions of this article, or upon any moneys, funds,
revenucs or other income held ar received by the corporation,
and that the obligations and notes of the corporatiqn and the
income therefrom shall at all times be exempt from taxation,
except for estate and gift taxes and taxes on transfers.

§ 5. Section six hundred fifty-eight of such law, as added by
chapter three hundred sixty-seven of the laws of nineteen hnn-
dred fifty-seven, is hereby amended to read as follows:

§ 658. Dissolution. The corporation and its corporate existence
shall continue until terminated by law upon oe finding that there
no longer exists any need for such a corporation; provided, how-
ever, that no such law shall take effect so leng as the corporation
shall have notes or other obligations outstanding. For the pur-
pose of this section, any appropriation or advance made to the
corporation by the state, which has nat been repaid, shall not he
deemed to be an outstanding obligation of the corporation. Upon
the dissolntion of the [New York higher education assistance]
corporation or the cession of its activities all the property and
moneys of such corporation shall be vested in the scholarship
fund of the university of the stale of New York eslablished by
section six hundred two of this chapter, to be used for scholar-
ship purposes in accordance therewith.

§ 6. Section three hundred eighty of the banking law is hereby
amended by adding thereto a new subdivision, to be subdivision
three-a, to read as follows:

3-a. A savings and loan association may also lend its funds to
tts members or their children who are attending or planning to
attend colleges in this state or elsewhere, to assist them in meeting
their expenses of higher education, where such loans are made
by the association and guaranteed hy the New York higher edu-
cation assistance corporation in accordance with the provisions
of article fourtcen of the education law, and im such cases no

OKGITAL


392] Laws or New Youre, 1961 1383

further security for the repayment of such loans shall be required
of the borrowers by the association, A savings and loan association
may also lend its funds to nonmembers, for the same purposes
and upon the same terms and conditions tf, at any time, such
association has funds in excess of the amount needed for loans to
its members.

§ 7. Section four hundred fifty-three of such law is hereby $4".

amended by adding thereto a new subdivision, to be subdivision =%4,°"

five-a, to read as follows:

5-4. To lend money to its members, or their children who are
attending or planning to attend colleges in this state or elsewhere,
to assist them in mecting their expenses of higher education, where
such loans are made by such credit union and guaranteed by the
New York higher education ossistance corporation im accordance
with the provisions of article fourtcen of the education law, and
in such cases no further security for the repayment of such loans
shall be requtrcd of the borrowers by the credit union. Where such
a loan is made to the child of a member the amount of any such
loan shall not exceed the maximum for which the member would
hove been cligible under this article if he had applied for the loan
himself.

§ 8. The last paragraph of subdivision Lwo, subdivision nine and Site's,
paragraph (a) of subdivision twelve of section four hundred fifty- cm
four of such law, subdivision two having been last. amended by ax siaindea,
chapter one hundred sixty-nine of the laws of nineteen hundred 7s).
sixty, subdivision niue having been amended by chapter two hun.“
dred seventy-nine of the laws of niucteen hundred forty-eight and
paragraph (a) of subdivision twelve having been last amended
by chapter six hundred ninely-one of the laws of ninetcan hundred
sixty, are hereby amended to read, respectively, as follows:

The restrictions of this subdivision shall not apply to any loan
or portion thereof for which adequate security, which may be in
the form ot att endorsed note, is taken or fo ony loan or portion
thereof which is guarantecd by the New York higher education
assistance corporation. No Joan npon the security of real estate
shall he considered as adequately sceured unless secured by a first
mortgage lien or unless such Ioan upon the security of real estate
shall also be secured by a wage assignment.

9. Make any loan unless Lhe loan is: (a) repayable in uniform
monthly, semi-monthly or weekly installments, or (b) fully
secured by shares of the credit union equal in value to the amount
ef such loan, or (e) fully seented by any investments authorized
by subdivision fourteen of section four hundred fifty-three of
this article, or (d) fully secured by the assignment of a deposit
in any savings bank, provided the amount of the loan is not in
excess of the emount of such deposit, or (e} fully secured by the
assignment of the casb surrender value of a life insurance policy,

Exe.anation — Matter in italics is new; matter in brackets [] is old law to be omitted,

DXGITAL


1384.

Insurance
om,

§ 300,

new

subd. 10,

added,

Laws or New Yorx, 1961 [Crar.

provided the amount of the loan is not in excess of such eash sur-
render value, or (f) fully quarantecd by the New York higher
education assistance corporation.

(a) Lend to any member an amount in excess of the borrower’s
own unhypothecated shares and deposits, which, including therein
allt prior loans to such memher, will exceed three thousand five
hundred dollars or three per centum of the capital of such credit
union, whichever amount is lower, as shown by the report of the
supervisory committee for the precediug quarter; provided how-
ever, (1) the aggregate amount of such loans to any member may
in any ease equal seven hundred fifty dollars in excess of the bor-
rower’s own unhypothecated shares and deposits; (2) where the
share capital of the credit union is in excess of five hundred thou-
sand dollars the aggregate amonnt of such loans to any member
may equal but not exceed five thousand dollars in excess of the
borrower’s own unhypothecated shares and deposits; [and] (3)
where the share capital of the ercdit union is in exeess of five
million dollars the aggregate amount of such Joans meade by such
credit union to any member may equal but not exceed ten thousand
dollars if each such loan is seeured hy a first mortgage upon
improved and unencnmbered real estate located in this state hav-
ing an appraised valuc, as found by the credit committce at the
time the loan is made, at least fifty per centum greater than the
amount of such Joan, if uniform monthly, semi-monthly or weekly
paymeuts of principal and interes are required upon each such loan
in amouuts sufficient to pay all intercst and cffect full repayment
of principal within twenty years, and if no such loan bears interest
at a rate greater than six per centum per annum, computed on
unpaid principal balances; and (4) where the share capital of the
credit union is in excess of five million dollars the aggregate amount
of such loans made by such credit union to any member or @ child
of a member may equal but not exceed seven thausand five hundred
dollars if such loans are fully guaranteed by the New York higher
education assistance corporation.

§ 9, Seetion two handred of the insurance law is hereby amended
by adding thereto a new subdivision, to be subdivision ten, to
read as Follows:

10. Any retirement system may lend money to any of its par-
Heipating employees or their children, who are attending or plan-
ning to attend colleges in this state or elsewhere, to assist them
in meeting their expenses of higher education, where such loans
are made by such retirement system and guaranteed by the New
York higher education assistance corporation in accordance with
the provisions of article fourteen of the education law, and in such
cases no further security for the repayment of such loans shall
be required of the borrowers by such retirement system.

§ 10. Sections thirty-seven-o and thirty-seven-p of such law,
section thirty-seven-o having been added by chapter seven hon-
dred seventy-four of the laws of nineteeu hundred fifty-six and
rennmbered by chapter eight hundred eight of the laws of nina-

DXGITAL


893] Laws or New Yorr, 1961

teen hundred fifty-seven and section thirty-seven-p having been
added by chapter eight hundred eight of the laws of nineteen
hundred fifty-seven, are hereby renumbered to be, respectively,
sections thirty-seven-p and thirty-seven-q.

§ 11. Such law is hereby amended by adding thereto a new
section, to be section thirly-seven-o, to read as follows:

§ 37-0. Loans for educational purposes. Subject to the restric-
tions contained in this article, any employee welfare fund may
lend money to any employees covered by such fund or their chil-
dren, who are attending or planning to atiend colleges in this state
or elsewhere, to assist them in meeting their expenses of higher
education, where such loans are made by such employee welfare
fund and guaranteed by the New York higher education assistance
corporation in accordance with the provisions of article fourteen
of the education law, and in such cases no further security for
the repayment of such loans shall be required of the borrowers
by such employee welfare fund.

§ 12. This act shall take effect immediately.

CHAPTER 393

AN ACT to amend the public authorities Jaw, in relation to the name ang
Inembership of the hoard of the dormitory authority, and in relation ta the
covenants which shall be mnde by said authority with the holders of its
bonds and providing for the guarauty by New York state of certain bonds
to he issued by said wuthority

Betame a law April 11, 1961, with the approval of the Governor. Passed, by
a majority vote, three-tifths being present

The People of the State of New York, represented in Senate and Assembly,
do enact as follows:

Section 1. The title heading of title four of article eight of the
public authorities law, as added by chapter five hundred twenty-

by chapter nine huudred fourteen of the laws of nineteen hundred
filty-seven, is herehy amended to read as follows:
TITLE 4
» [DORMITORY] NEW YORK STATE COLLEGE BUILDINGS AUTHORITY
§ 2. Subdivision one of scetion sixteen hundred seventy-six of 2)

such law, as amended by chapter eight hundred sixty-four of the omendca.

laws of nineteen hundred fifty-nine, is hereby amended to read as
follows:

1. The [term] terms ‘‘New York state college buildings
authority,’ ‘‘dornutory authority’’ or ‘‘authority’’? shall each
mucan the corporation created by section sixteen hundred seventy-
seven of this chapter;

Expyanation -- Matter in #falics ig new; matter in brackets [ ] is ald law to he omitted.

1385

New

8 37-0,
added.

Publfa
Authorities
Law,

“Art. 8,

four of the laws of nineteen hundred forty-four and renumbered Tis 4.

a 27a,

DXGITAL


1386

§ 1877,
amended.

> 1680,
new

atbd, 6-a)
added.

§ 19a,
amended.

Laws or New Yorx, 1961 (Crap.

§ 3. Section sixteen hundred seventy-seven of such law, as last
amended by chapter three hundred twenty-three of the laws of
nineteen hundred fifty-four and renumbered by chapter oine hnn-
dred fourteen of the laws of nineteen hundred fifty-seven, is hereby
amended to read as follows:

§ 1677. [Dormitory] New York state college buildings authority.
A board, to be known as the [‘‘Dormitory Authority,’"] “New
York state college buildings authority,’’ is hercby created, Such
board shall be a body corporate and politic constituting a public
benefit corporation. Such board shall consist of the commissioner
of education, [the comptroller,]} the president of the state univer-
sity of New York, the commissioner of housing aud four members
to be appointed by the regents for a term of three years. The
regents shall also fill any vacancy which may occur by reason of
the death, disqualification, resignation or removal of any member
theretofore appointed by them. The powers of the board shall be
vested in and exercised by a majority of the members thercof then
in office. The members of the hoard shall serve without compen-
sation but shall be entitled to reimbursement of their actual and
necessary expenses incurred in the performance of their official
duties. At the first meeting of the board and at the first meeting
thereof in cach fiscal year thereafter the members of the board
shall choose from their number a chairman, vice-chairman and a
secretary. The authority may also use the facilities, employees,
records and equipment of the state department of education with
the consent of the regents.

§ 4. Section sixteen hundred eighty of such law is hereby
amended by adding thereto a new subdivision, to be subdivision
six-a, to read as follows:

6-a. The authority shall covenant with the helders of any of tts
bonds issued to provide funds ta construct a dormitory to be leased
to, or otherwise by contract provided for the use of, an educational
institution that the terms of such lease or contract shall provide
that the revenues to be received by the authority therefrom shall
at all times de sufficient to pay the principal of and interest on such
bonds and any sinking fund installments for the retirement of
such bonds required by the terms of the resolution under which such.
bonds are issued and lo maintain any and all reserves required by
the terms of such resolution.

§ 5. Section sixteen hundred eighty-three of such law, as added
by chapter five hundred twenty-four of the laws of nincteen hun-
dred forty-four and rennmbered by chapter nine hnndred fourteen
of the laws of nineteen huudred fifty-seven, is hereby amended to
read as follows:

§ 1683, State [not Jiable] diability on bonds. [The] 7. Except
as provided in subdivision two of this section, the bonds and other
obligations of the authority shal] not be a debt of the state of New
York nor shall the state be liable thereon, nor shall they be payable
ont of any fnnds other than those of the authority.

DKGITAL


393] Laws oF New York, 1961

&. (a) To the extent authorized by the constitution at the time of
the issuance of notes or bonds of the authority the punctual pay-
ment thereof may be guaranteed by the state as follows: Upon
presentation by the authority to the comptroller, the commissioner
of taxation and finance and the superintendent of banks (herein
called the ‘guaranty offictals’’) of notes or bonds of the authority
together with a copy of the resolution of the authority authorizing
such notes or bonds for any purpose permitted by this act, if any
two of said guaranty officials shall find and determine that the
terms and conditions of such resolution are fair and reasonable and
that the issuance of such notes or bonds will achieve a purpose
intended by this title and that the issuance of said notes or bonds
is in the public interest and that they conform to the limitations
of paragraph (b) of this subdivision, then said officials shall sign a
certificate consenting to the issuance of such notes or bonds and
shall file such certificate in the office of the secretary of state
together with such resalulion and a record of the amounts and
other terms of such notes or bonds, Upon the filing of such cer-
tificatc and record the punctual payment of suck notes and bonds
according to their terns shall be fully and unconditionally guar-
anteed by the state both as to principal and interest. Such guaranty
may be expressed upon the face of such noles or bands by the sig-
nature or facsimile signature of the comptroller or a deputy comp-
troller, In the vent that the authority shell fail to pay when due,
the priacipal of, or interest on, such notes or bonds, the comptroller
shail pay to the holder thereof the amount so due and thereupon
the state shall be subrogated to the rights of the notcholders or
bondholders so paid,

(b) No notes or bonds of the authority shall be guaranteed pur-
suant to this subdivision, except notes or bonds which mature within
forty years from their respective dates and bear interest at a rate
or rates not exceeding five per ceniwm per annum. The aggregate
principal amount of notes or bonds of the authority which shall be
guaranteed pursuant to this act in any one calendar year shall not
exceed seventy-five million dollars, exclusive of bonds issued for
the purpose of providing funds to pay the prineipal of notes which
had been guaranteed pursuant to this section.

(c) The state shall be liable on notes or bonds guaranteed here-
under but no note or bond of the authority which has not been
guaranteed by the statc hereunder shall be a debt or liability of
the state.

§ 6, This act shall take effect January first, nineteen hundred
sixty-two provided the proposed amendment to article ten of the
constitution of the state adding a new section seven thereto, relating
to a publie benefit corporation to provide educational buildings, is
approved by the people at the general election to be held in
November, nineteen hundred sixty-one.

Expranarion --- Matter in italics is mew; matter in brackets [] is old law to be omitted,

1387

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1388

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FJ 168¢.
amended.

§ 1682,
La
amended.

Laws or New Yors, 1961 [Crar.

CHAPTER 394

AN ACT to amend the publie authorities law, in relalion to bonds of the
dormitory authority

Became a law April 11, 1961, with the approval uf the Governor, Passed, by
a majority vote, three-fitths being present

The People of the State of New York, represented in Senate and Assembly,
do enact as followa:

Section 1. Subdivision three of section sixicen hundred seventy-
six of the pubtie authorities law, as added by chapter five hundred
twenty-four of Whe laws of uineteen hundred forty-four, such sec-
tion having been renumbered by chapter nine hundred fourteen
of the laws of nineteen hundred fifty-seven, is hereby amended to
read as follows:

3. The term ‘‘bond’’ shall mean bonds or notes issued by the
authority pursuant to this title;

§ 2. Subdivision cleyen of section sixteen hundred seventy-eight
of such law, as added by chapter five hundred twenty-four of the
laws of nineteen hundred forty-four, such section having been
renumbered by chapter nine hundred fourteen of the laws of
nineteen hundred fifty-seven, is hereby amended to read as follows:

11. To borrow money and to issue negotiable bonds or notes and
to provide for the rights of the holders thercof;

§ 3. Subdivision six of section sixteen hundred eighty of such
law, as omended by chapter nine hundred forty-six of the laws
of nineteen hundred fifty-six, such seetion having been renum.
bered by chapter nine hnndred fourteen of the laws of nineteen
hundred fifty-seven, is hereby amended to read as follows:

6. To obtain funds for construction and loaus under this section,
the authority shall have power from time to time to issue nego-
tiable bonds or notes [in the aggregate amount not exceeding three
million dollars for each dormitory].

§ 4, Subdivision one of section sixteen hundred eighty-two of
such law, as amended by chapter seven huadred eighty-six of the
laws of nineteen hundred forty-nine, such section having been
renumbered by chapter nine hundred fourteen of the laws of nine-
teen hundred fifty-seven, is hereby amended to read as follows:

1, The anthority shall have power as hereby authorized from
time to time to issue negotiable bonds [in the aggregate amount
not exceeding two million dollars for each dormitory]. The
authority shall have power from time to time to refund any bonds
hy the issuance of new bonds, whether the honds to be refunded
have or have not matured, and may issue bonds partly to refund
bonds then outstanding and partly for any other corporate pur-
pose. In compnting the total amount of Londs of the authority
which may at any time be outstanding the amount of the out-
standing bonds to be refunded from the proceeds of the sale of
new bonds or by exchange for new bonds shall be excluded. Except

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