Bill Text: NY S07259 | 2017-2018 | General Assembly | Amended


Bill Title: Clarifies that the SUNY health science centers are included in the maintenance of effort provision pursuant to chapter 260 of the laws of 2011.

Spectrum: Bipartisan Bill

Status: (Vetoed) 2018-12-28 - VETOED MEMO.356 [S07259 Detail]

Download: New_York-2017-S07259-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         7259--A
                    IN SENATE
                                     January 5, 2018
                                       ___________
        Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Higher  Education  --
          reported  favorably from said committee and committed to the Committee
          on Finance -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee
        AN ACT to amend the education law, in relation to  state  appropriations
          to  the  state  university  of New York and the city university of New
          York
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Clauses  (v) and (vi) of subparagraph 4 of paragraph h of
     2  subdivision 2 of section 355 of the education law, as amended by section
     3  1 of part JJJ of chapter 59 of the laws of 2017, are amended to read  as
     4  follows:
     5    (v)  Beginning  in state fiscal year two thousand seventeen--two thou-
     6  sand eighteen and ending in state  fiscal  year  two  thousand  [twenty]
     7  eighteen--two  thousand [twenty-one] nineteen, the state shall appropri-
     8  ate and make available general fund operating support, including  fringe
     9  benefits, for the state university in an amount not less than the amount
    10  appropriated  and  made  available  in  the  prior  state  fiscal  year;
    11  provided, however, that if the governor declares a fiscal emergency, and
    12  communicates such emergency to the temporary president of the senate and
    13  speaker of the assembly, state support for  operating  expenses  at  the
    14  state  university and city university may be reduced in a manner propor-
    15  tionate to one another, and  the  aforementioned  provisions  shall  not
    16  apply;  provided further, the state shall appropriate and make available
    17  general fund support to fully fund the tuition credit pursuant to subdi-
    18  vision two of section six hundred sixty-nine-h of this title.
    19    (vi) Beginning in state fiscal year two thousand  nineteen--two  thou-
    20  sand  twenty and thereafter, the state shall appropriate and make avail-
    21  able general fund operating support and fringe benefits, for  the  state
    22  university  and the state university health science centers in an amount
    23  not less than the amounts separately appropriated and made available  in
    24  the  prior  state fiscal year; provided, further, the state shall appro-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03117-06-8

        S. 7259--A                          2
     1  priate and make available general fund operating support  to  cover  all
     2  mandatory  costs of the state university and the state university health
     3  science centers, which shall include, but not be limited to,  collective
     4  bargaining costs including salary increments, fringe benefits, and other
     5  non-personal  service  costs such as utility costs, building rentals and
     6  other inflationary expenses incurred by the  state  university  and  the
     7  state university health science centers, and any increase in the tuition
     8  credit  pursuant  to  section six hundred eighty-nine-a of this title as
     9  tuition increases are enacted by the board  of  trustees  of  the  state
    10  university;  provided,  however,  that if the governor declares a fiscal
    11  emergency, and communicates such emergency to the temporary president of
    12  the senate and the speaker of the assembly, state support for  operating
    13  expenses at the state university and city university may be reduced in a
    14  manner  proportionate  to one another, and the aforementioned provisions
    15  shall not apply; provided further, the state shall appropriate and  make
    16  available general fund support to fully fund the tuition credit pursuant
    17  to subdivision two of section six hundred sixty-nine-h of this title.
    18    (vii)  For  the  state university fiscal years commencing two thousand
    19  eleven--two thousand twelve and ending two thousand  fifteen--two  thou-
    20  sand  sixteen,  each  university  center  may set aside a portion of its
    21  tuition revenues derived from tuition  increases  to  provide  increased
    22  financial  aid  for New York state resident undergraduate students whose
    23  net taxable income is eighty thousand dollars or  more  subject  to  the
    24  approval  of  a NY-SUNY 2020 proposal by the governor and the chancellor
    25  of the state university of New York. Nothing in this paragraph shall  be
    26  construed  as  to  authorize  that  students whose net taxable income is
    27  eighty thousand dollars or more  are  eligible  for  tuition  assistance
    28  program  awards  pursuant  to  section  six  hundred sixty-seven of this
    29  [chapter] title.
    30    § 2. Subparagraph (v) of paragraph (a) of  subdivision  7  of  section
    31  6206  of the education law, as amended by section 2 of part JJJ of chap-
    32  ter 59 of the laws of 2017, is amended and a new  subparagraph  (vi)  is
    33  added to read as follows:
    34    (v)  Beginning  in state fiscal year two thousand seventeen--two thou-
    35  sand eighteen and ending in state  fiscal  year  two  thousand  [twenty]
    36  eighteen--two  thousand [twenty-one] nineteen, the state shall appropri-
    37  ate and make available general fund operating support, including  fringe
    38  benefits,  for the city university in an amount not less than the amount
    39  appropriated  and  made  available  in  the  prior  state  fiscal  year;
    40  provided, however, that if the governor declares a fiscal emergency, and
    41  communicates such emergency to the temporary president of the senate and
    42  speaker  of  the  assembly,  state support for operating expenses at the
    43  state university and city university may be reduced in a manner  propor-
    44  tionate  to  one  another,  and  the aforementioned provisions shall not
    45  apply; provided further, the state shall appropriate and make  available
    46  general fund support to fully fund the tuition credit pursuant to subdi-
    47  vision two of section six hundred sixty-nine-h of this chapter.
    48    (vi)  Beginning  in state fiscal year two thousand nineteen--two thou-
    49  sand twenty and thereafter, the state shall appropriate and make  avail-
    50  able  general  fund  operating support and fringe benefits, for the city
    51  university in an amount not less than the amounts  separately  appropri-
    52  ated  and  made  available  in  the  prior  state fiscal year; provided,
    53  further, the state shall appropriate and  make  available  general  fund
    54  operating  support  to cover all mandatory costs of the city university,
    55  which shall include, but not be limited to, collective bargaining  costs
    56  including  salary  increments,  fringe  benefits, and other non-personal

        S. 7259--A                          3
     1  service costs such as utility costs, building rentals and  other  infla-
     2  tionary  expenses  incurred  by the city university, and any increase in
     3  the tuition credit pursuant to section six hundred eighty-nine-a of this
     4  chapter as tuition increases are enacted by the board of trustees of the
     5  state  university;  provided,  however,  that if the governor declares a
     6  fiscal emergency, and communicates such emergency to the temporary pres-
     7  ident of the senate and the speaker of the assembly, state  support  for
     8  operating  expenses  at  the state university and city university may be
     9  reduced in a manner proportionate to one another, and the aforementioned
    10  provisions shall not apply; provided further, the state shall  appropri-
    11  ate  and  make  available general fund support to fully fund the tuition
    12  credit pursuant to subdivision two of section six  hundred  sixty-nine-h
    13  of this chapter.
    14    § 3. This act shall take effect immediately provided that:
    15    (a)  the  amendments to subparagraph 4 of paragraph h of subdivision 2
    16  of section 355 of the education law made by  section  one  of  this  act
    17  shall  not  affect  the  expiration  and  reversion of such subparagraph
    18  pursuant to chapter 260 of the laws  of  2011,  as  amended,  and  shall
    19  expire therewith; and
    20    (b)  the  amendments to paragraph (a) of subdivision 7 of section 6206
    21  of the education law made by section two of this act  shall  not  affect
    22  the  expiration  and reversion of such paragraph pursuant to chapter 260
    23  of the laws of 2011, as amended, and shall expire therewith.
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