S T A T E O F N E W Y O R K
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4132
2009-2010 Regular Sessions
I N S E N A T E
April 14, 2009
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Introduced by Sen. LAVALLE -- read twice and ordered printed, and when
printed to be committed to the Committee on Higher Education
AN ACT to amend the education law, in relation to autonomy for the state
university centers at Albany, Binghamton, Buffalo and Stony Brook
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding a new section 239-a
to read as follows:
S 239-A. AUTONOMY FOR UNIVERSITY CENTERS. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, BEGINNING WITH THE TWO THOUSAND NINE--TWO THOUSAND TEN
STATE FISCAL YEAR:
1. THE FOUR UNIVERSITY CENTERS AT ALBANY, BINGHAMTON, BUFFALO, AND
STONY BROOK OF THE STATE UNIVERSITY SHALL BE CONSIDERED SEPARATE AND
DISTINCT ENTITIES FOR PURPOSES OF:
A. STATE BUDGET ALLOCATION;
B. RESEARCH GRANTS AND AWARDS;
C. ALL NEW CONSTRUCTION, REHABILITATION, RENOVATION AND MAINTENANCE OF
CAMPUS FACILITIES AND GROUNDS; AND
D. ACQUISITION OF ALL EQUIPMENT, SERVICES AND SUPPLIES.
2. EACH UNIVERSITY CENTER SHALL SUBMIT A YEARLY BUDGET REQUEST TO THE
LEGISLATURE'S FISCAL COMMITTEES ON NOVEMBER FIRST, BASED UPON RULES
ESTABLISHED BY THE STATE UNIVERSITY BOARD OF TRUSTEES. SUCH BUDGET
REQUEST, FOR EACH UNIVERSITY CENTER, SHALL INCLUDE, BUT IS NOT LIMITED
TO, A DOLLAR AMOUNT OF STATE SUPPORT REQUESTED, TOTAL EXPENDITURES AND
ALL EXPENDITURES BY CATEGORY, TOTAL REVENUES AND ALL REVENUES BY SOURCE,
ALL RELEVANT DATA REGARDING ENROLLMENT, ENROLLMENT BY TUITION CATEGORY,
TOTAL PAYROLL, AND ALL PAYROLL BY JOB TITLE AND/OR CIVIL SERVICE CATEGO-
RY, TOTAL NUMBER OF POSITIONS BY JOB TITLE, TOTAL GRANT FUNDING AND
GRANT FUNDING BY SOURCE, ANY AND ALL AUXILIARY SERVICE REVENUES AND
EXPENDITURES, AND ALL GRANTS FROM FOUNDATIONS AND OTHER PRIVATE SOURCES.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08968-01-9
S. 4132 2
3. EACH UNIVERSITY CENTER'S BUDGET SHALL BE REVIEWED BY THE LEGISLA-
TURE, THE DIVISION OF THE BUDGET AND STATE UNIVERSITY CENTRAL ADMINIS-
TRATION. BASED ON THIS REVIEW, THE FINAL BUDGET SHALL HAVE A SINGLE
APPROPRIATION, SEPARATE AND APART FROM THE OVERALL STATE UNIVERSITY
BUDGET AND ITS ALLOCATION FORMULA, FOR EACH INDIVIDUAL STATE UNIVERSITY
CENTER. SUCH ALLOCATION SHALL BE THE TOTAL STATE OPERATING AID FOR EACH
UNIVERSITY CENTER, AND SHALL BE ADMINISTERED AND ALLOCATED BY THE CAMPUS
PRESIDENT CONSISTENT WITH ALL OTHER STATE LAWS, RULES AND REGULATIONS,
CONTRACT OBLIGATIONS, COLLECTIVE BARGAINING AGREEMENTS, AND FEDERAL
REQUIREMENTS.
4. EACH UNIVERSITY CENTER SHALL ESTABLISH ITS OWN RESEARCH FOUNDATION
WHICH SHALL ADMINISTER ALL FEDERAL AND STATE GRANTS, AWARDS, PRIVATE
DONATIONS AND ALL OTHER BUSINESS TRANSACTIONS THAT ARE NOW CARRIED OUT
BY THE STATE UNIVERSITY RESEARCH FOUNDATION. THE FOUNDATION SHALL HAVE
NINE MEMBERS, ONE OF WHOM SHALL BE THE CAMPUS PRESIDENT, WHO SHALL BE
THE CHAIR OF THE BOARD, FOUR MEMBERS SHALL BE APPOINTED BY THE GOVER-
NOR, TWO MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
SENATE AND TWO MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEM-
BLY. EACH UNIVERSITY CENTER RESEARCH FOUNDATION SHALL HAVE SEPARATE
LEGAL COUNCIL AND STAFF AS DETERMINED BY THE BOARD. THE FOUNDATIONS
SHALL COMPLY WITH ALL FEDERAL AND STATE LAWS, RULES AND REGULATIONS AND
THEIR RELATIONSHIP WITH THE UNIVERSITY CENTER SHALL BE GOVERNED BY RULES
AND GUIDELINES ESTABLISHED BY THE STATE UNIVERSITY BOARD OF TRUSTEES.
5. ALL NEW CONSTRUCTION, REHABILITATION, RENOVATION AND MAINTENANCE OF
CAMPUS FACILITIES AND GROUNDS SHALL BE DETERMINED BY THE CAMPUS PRESI-
DENT, CONSISTENT WITH STATE UNIVERSITY GUIDELINES, STATE LAWS, RULES AND
REGULATIONS, PROVIDED, HOWEVER, THAT ANY NEW FACILITIES BE APPROVED BY
THE STATE UNIVERSITY BOARD OF TRUSTEES.
6. THE PURCHASE OF ALL EQUIPMENT, SERVICES AND SUPPLIES SHALL BE
DETERMINED BY THE CAMPUS PRESIDENT AND SHALL BE PAID FOR FROM GENERAL
STATE OPERATING AID AS DETERMINED PURSUANT TO THIS CHAPTER. ALL
CONTRACTS ENTERED INTO BY EACH UNIVERSITY CENTER SHALL BE GOVERNED BY
ALL APPLICABLE STATE AND FEDERAL LAWS, RULES AND REGULATIONS.
S 2. This act shall take effect immediately.