SLS 16RS-1237 REENGROSSED
2016 Regular Session
SENATE BILL NO. 470(Substitute of Senate Bill No. 89 by Senator Morrish)
BY SENATORS MORRISH AND WALSWORTH
TOPS. Provides relative to reduction of TOPS award amounts or the number of TOPS
recipients in the event of insufficient funding. (gov sig)
1 AN ACT
2 To amend and reenact R.S. 17:5065(D), relative to the Taylor Opportunity Program for
3 Students; to provide relative to reducing award amounts or the number of students
4 deemed eligible for an award in the event of insufficient funding; to authorize public
5 postsecondary institutions to bill students for certain tuition amounts; to provide for
6 tuition waivers; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 17:5065(D) is hereby amended and reenacted to read as follows:
9 ยง5065. Funding
10 * * *
11 D.(1) In the event the legislature appropriates insufficient money to fully
12 fund all awards made to students qualifying under the provisions of this
13 Chapter, the administering agency shall either reduce award amounts or reduce
14 the number of students to whom awards shall be made as follows:
15 (1)(a) Before reducing the number of students eligible to receive a
16 program award, the administering agency, subject to approval by the Joint
17 Legislative Committee on the Budget, shall equitably reduce the amount of the
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1 program award for each qualifying student by an equal percentage on a pro
2 rata basis, so that every student receives the award for which he qualifies and
3 the total amount of all awards in any award year does not exceed the funds
4 available to the agency for this purpose, either from legislative appropriation
5 or other sources of funding. Such reduction shall also apply, in like manner, to
6 any additional amount awarded to a student as provided in R.S. 17:5002(C).
7 (b) If a student's award amount is less than the tuition established for the
8 public postsecondary institution in which he is enrolled, the institution may bill
9 the student for the difference between the student's award amount and the
10 tuition established for the institution, unless the institution grants a tuition
11 waiver to the student.
12 (2)(a) In the event the legislature appropriates insufficient money to fund all
13 awards made to students qualifying under the provisions of this Chapter, If the Joint
14 Legislative Committee on the Budget fails to approve a reduction in award
15 amounts as provided in Paragraph (1) of this Subsection, the number of students
16 to whom awards shall be made shall be reduced as necessary pursuant to a procedure
17 set out by rule adopted by the administering agency. The procedure shall provide for
18 such reduction to be based on the scores on the ACT and then on the ability of each
19 student's family to pay the student's tuition as evidenced by the expected family
20 contribution determined by using the standardized federal methodology for
21 establishing student financial need. The procedure shall provide that reductions of
22 awards made necessary by insufficient appropriations shall first eliminate the cohort
23 of students who score lowest on the ACT. The procedures shall provide that within
24 that cohort of students, those whose families are most able to pay the student's tuition
25 shall be eliminated first. After insufficient appropriations require the elimination of
26 all students in such cohort, the procedures shall require repeating the process with
27 those students in the next highest score cohort.
28 (2) (b) Among students denied their awards as provided in this Subsection,
29 those students whose families have the least capacity to pay shall be the first to
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1 receive their awards if monies become available. Any student for whom the expected
2 family contribution cannot be determined as provided for in Paragraph (1) of this
3 Subsection Subparagraph (a) of this Paragraph shall be denied his award until the
4 legislature appropriates sufficient monies to fund all awards made to students
5 qualifying under the provisions of this Chapter.
6 (c) If a student who otherwise qualifies for an award pursuant to this
7 Chapter is deemed ineligible to receive his award pursuant to this Paragraph,
8 the public postsecondary institution in which he is enrolled may bill the student
9 for the full amount of tuition established for the institution, unless the
10 institution grants a tuition waiver to the student.
11 (3) A student whose award is reduced or eliminated pursuant to this
12 Section shall not be required to accept payment of his award or to enroll or
13 maintain continuous enrollment in an eligible college or university during the
14 time period for which there is a funding shortfall and may defer acceptance of
15 his award benefits. If a student opts to defer acceptance of his award payment
16 pursuant to this Paragraph, all of the following shall apply:
17 (a) The student, upon enrollment or re-enrollment in an eligible college
18 or university, shall be eligible to receive all applicable award benefits for any
19 remaining semester or semesters, or the equivalent thereof, of his unused
20 eligibility.
21 (b) The student shall meet all academic and other eligibility
22 requirements provided by this Chapter and by rule of the administering agency,
23 except as otherwise provided in this Subsection.
24 (c) The student shall exhaust all unused award eligibility within five
25 years of the initial reduction or elimination of his award pursuant to this
26 Section, provided that if the student requests and is granted an exception for
27 cause to the requirement to enroll or to maintain continuous enrollment in an
28 eligible college or university, the time period within which the student must
29 exhaust his eligibility for his award shall be extended by the amount of time for
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1 which he was granted an exception.
2 Section 2. This Act shall become effective upon signature by the governor or, if not
3 signed by the governor, upon expiration of the time for bills to become law without signature
4 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
5 vetoed by the governor and subsequently approved by the legislature, this Act shall become
6 effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jeanne C. Johnston.
DIGEST
SB 470 Reengrossed 2016 Regular Session Morrish
Present law provides that in the event the legislature fails to appropriate sufficient money
to fund all awards made to students who qualify for a TOPS award, the administering agency
will establish a procedure to reduce the number of students who will receive awards based
on ACT scores and the student's ability to pay tuition, as determined by federal guidelines
for determining student financial need.
Provides that the first cohort of students eliminated will be those who score lowest on the
ACT. Further provides that within this cohort, those students whose families are most able
to pay the student's tuition will be eliminated first. If funding is still insufficient after the
elimination of all students in this cohort, this procedure will be repeated with each
succeeding score cohort.
Provides that among students so denied their awards, students whose families have the least
capacity to pay shall be the first to receive their awards if monies become available. Students
for whom the expected family contribution cannot be determined shall be denied their award
until the legislature appropriates sufficient monies to fund all awards to qualifying students.
Proposed law retains present law, but provides that the number of students who can receive
a TOPS award shall not be reduced, unless JLCB fails to approve a reduction in award
amounts for all students who received a TOPS award.
Proposed law provides that before reducing the number of students eligible to receive a
TOPS award as provided in present law, the administering agency, subject to approval by
the Jt. Legislative Committee on the Budget (JLCB), shall equitably reduce the amount of
all program awards, including the stipends for the Performance and Honors awards, by an
equal percentage on a pro rata basis. Provides that the total amount of all awards in any
award year shall not exceed available funds, either from legislative appropriation or another
source.
Proposed law provides that if JLCB fails to approve a pro rata reduction in all award
amounts, the provisions of present law providing for a reduction in the number of students
to whom awards shall be made will apply.
Proposed law provides that if TOPS award amounts are reduced, public postsecondary
institutions may bill a student for the difference between the student's TOPS award and the
amount of tuition established for the institution in which he is enrolled, unless the student
is granted a tuition waiver.
Proposed law provides that if the number of students eligible to receive a TOPS award is
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reduced, postsecondary institutions may bill a student for the full amount of tuition
established for the institution in which he is enrolled, unless the student is granted a tuition
waiver.
Proposed law provides that a student whose award is reduced or eliminated pursuant to
proposed law is not required to accept payment of his award or to enroll or maintain
continuous enrollment in an eligible college or university during the time period for which
there is a funding shortfall and may defer acceptance of his award benefits. Further provides
that if a student opts to defer acceptance of his award payment, all of the following apply:
(1)The student, upon enrollment or re-enrollment in an eligible college or university,
is eligible to receive all applicable award benefits for any remaining semester or
semesters, or the equivalent thereof, of his unused eligibility.
(2)The student must meet all academic and other eligibility requirements established by
law or rule, except as otherwise provided in proposed law.
(3)The student must exhaust all unused award eligibility within five years of the initial
reduction or elimination of his award, provided that if the student requests and is
granted an exception for cause to the requirement to enroll or to maintain continuous
enrollment in an eligible college or university, the time period within which the
student must exhaust his award eligibility shall be extended by the amount of time
for which he was granted an exception.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 17:5065(D))
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Allows a student whose award is reduced or eliminated due to insufficient
funding to defer acceptance of his award payment and retain the option to
later accept and receive his award for all semesters, or equivalent thereof, for
which he qualifies to receive his TOPS award.
2. Requires the student to exhaust all such unused award eligibility within five
years of the initial reduction/elimination of his award, unless granted an
exception for cause; in which case the time period to exhaust unused award
eligibility is extended by the amount of time the exception was granted.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.