Senate Bill S6862

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6862

                            I N  S E N A T E

                             March 30, 2012
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to amend the education law, the civil service law,  the  election
  law,  the  executive  law,  the public officers law, the state finance
  law, the tax law, the labor law, the transportation law, the  economic
  development law, the public authorities law, and the general municipal
  law,  in  relation  to  transferring the powers and duties of the city
  university of New York to the state university  of  New  York  and  to
  repeal certain provisions of the education law, the tax law, the exec-
  utive  law,  the  state finance law, the general municipal law and the
  public authorities law relating thereto

  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 352-b
to read as follows:
  S 352-B. TRANSFER OF POWERS AND DUTIES OF THE CITY UNIVERSITY  OF  NEW
YORK.  1.  THE  FUNCTIONS  AND  POWERS POSSESSED BY AND ALL OF THE OBLI-
GATIONS AND DUTIES OF THE CITY UNIVERSITY OF NEW  YORK,  AS  ESTABLISHED
PURSUANT  TO  FORMER  ARTICLE  ONE  HUNDRED TWENTY-FIVE OF THIS CHAPTER,
SHALL BE TRANSFERRED AND ASSIGNED TO, AND ASSUMED BY AND DEVOLVED  UPON,
THE STATE UNIVERSITY OF NEW YORK.
  2.  ALL  EMPLOYEES  OF THE CITY UNIVERSITY OF NEW YORK SHALL BE TRANS-
FERRED TO THE STATE UNIVERSITY OF NEW YORK. THIS TRANSFER  OF  EMPLOYEES
SHALL BE DEEMED TO BE A TRANSFER OF FUNCTION PURSUANT TO SUBDIVISION TWO
OF  SECTION  SEVENTY OF THE CIVIL SERVICE LAW. OFFICERS AND EMPLOYEES OF
THE CITY UNIVERSITY OF NEW YORK SHALL  BE  TRANSFERRED  WITHOUT  FURTHER
EXAMINATION  OR  QUALIFICATION,  AND SHALL RETAIN THEIR RESPECTIVE CIVIL
SERVICE CLASSIFICATION, STATUS AND BARGAINING UNIT REPRESENTATION.
  3. UPON THE TRANSFER PURSUANT TO THIS SECTION  OF  THE  FUNCTIONS  AND
POWERS  POSSESSED  BY  AND ALL OF THE OBLIGATIONS AND DUTIES OF THE CITY
UNIVERSITY OF NEW YORK, AS ESTABLISHED PURSUANT TO THIS CHAPTER SHALL BE
ABOLISHED.
  4. EXCEPT AS HEREIN OTHERWISE PROVIDED, UPON THE TRANSFER PURSUANT  TO
THIS  SECTION  OF  THE FUNCTIONS AND POWERS POSSESSED BY, AND ALL OF THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD15020-02-2

S. 6862                             2

OBLIGATIONS AND DUTIES OF, THE CITY UNIVERSITY OF  NEW  YORK  AS  ESTAB-
LISHED  PURSUANT TO FORMER ARTICLE ONE HUNDRED TWENTY-FIVE OF THIS CHAP-
TER, TO THE STATE UNIVERSITY OF NEW YORK AS PRESCRIBED BY THIS  SECTION,
FOR  THE  PURPOSE  OF SUCCESSION ALL FUNCTIONS, POWERS, DUTIES AND OBLI-
GATIONS OF THE CITY UNIVERSITY OF NEW YORK SHALL BE DEEMED AND  BE  HELD
TO  CONSTITUTE  THE  CONTINUATION  OF SUCH FUNCTIONS, POWERS, DUTIES AND
OBLIGATIONS AND NOT THOSE OF A DIFFERENT DEPARTMENT.
  5. UPON THE TRANSFER PURSUANT TO THIS SECTION  OF  THE  FUNCTIONS  AND
POWERS  POSSESSED  BY  AND ALL OF THE OBLIGATIONS AND DUTIES OF THE CITY
UNIVERSITY OF NEW YORK AS ESTABLISHED PURSUANT  TO  FORMER  ARTICLE  ONE
HUNDRED TWENTY-FIVE OF THIS CHAPTER, TO THE STATE UNIVERSITY OF NEW YORK
AS  PRESCRIBED  BY THIS SECTION, ALL BOOKS, PAPERS, RECORDS AND PROPERTY
PERTAINING TO THE CITY UNIVERSITY OF NEW YORK SHALL  BE  TRANSFERRED  TO
AND MAINTAINED BY THE STATE UNIVERSITY OF NEW YORK, AS APPROPRIATE.
  6.  UPON  THE  TRANSFER  PURSUANT TO THIS SECTION OF THE FUNCTIONS AND
POWERS POSSESSED BY AND ALL OF THE OBLIGATIONS AND DUTIES  OF  THE  CITY
UNIVERSITY  OF  NEW  YORK  AS ESTABLISHED PURSUANT TO FORMER ARTICLE ONE
HUNDRED TWENTY-FIVE OF THIS CHAPTER, TO THE STATE UNIVERSITY OF NEW YORK
AS PRESCRIBED BY THIS SECTION, ANY BUSINESS OR OTHER  MATTER  UNDERTAKEN
OR  COMMENCED  BY  THE  CITY  UNIVERSITY  OF  NEW  YORK PERTAINING TO OR
CONNECTED WITH THE FUNCTIONS, POWERS, OBLIGATIONS AND DUTIES  SO  TRANS-
FERRED AND ASSIGNED TO THE STATE UNIVERSITY OF NEW YORK MAY BE CONDUCTED
OR COMPLETED BY THE STATE UNIVERSITY OF NEW YORK, AS APPROPRIATE.
  7.  TERMS  OCCURRING  IN  LAWS,  CONTRACTS  OR  OTHER  DOCUMENTS OF OR
PERTAINING TO THE CITY UNIVERSITY OF NEW YORK. UPON THE TRANSFER  PURSU-
ANT  TO THIS SECTION OF THE FUNCTIONS AND POWERS POSSESSED BY AND ALL OF
THE OBLIGATIONS AND DUTIES OF THE CITY UNIVERSITY OF NEW YORK AS  ESTAB-
LISHED  PURSUANT TO FORMER ARTICLE ONE HUNDRED TWENTY-FIVE OF THIS CHAP-
TER, AS PRESCRIBED BY THIS SECTION, WHENEVER THE CITY UNIVERSITY OF  NEW
YORK  AND  THE  BOARD  OF TRUSTEES THEREOF, THE FUNCTIONS, POWERS, OBLI-
GATIONS AND DUTIES OF WHICH ARE TRANSFERRED TO THE STATE  UNIVERSITY  OF
NEW YORK, ARE REFERRED TO OR DESIGNATED IN ANY LAW, REGULATION, CONTRACT
OR  DOCUMENT PERTAINING TO THE FUNCTIONS, POWERS, OBLIGATIONS AND DUTIES
TRANSFERRED AND ASSIGNED PURSUANT TO THIS  SECTION,  SUCH  REFERENCE  OR
DESIGNATION SHALL BE DEEMED TO REFER TO THE STATE UNIVERSITY OF NEW YORK
AND ITS BOARD OF TRUSTEES.
  8.  UPON  THE  TRANSFER  PURSUANT TO THIS SECTION OF THE FUNCTIONS AND
POWERS POSSESSED BY AND ALL OF THE OBLIGATIONS AND DUTIES  OF  THE  CITY
UNIVERSITY  AS  ESTABLISHED PURSUANT TO FORMER ARTICLE ONE HUNDRED TWEN-
TY-FIVE OF THIS  CHAPTER,  TO  THE  STATE  UNIVERSITY  OF  NEW  YORK  AS
PRESCRIBED  BY  THIS  SECTION, NO EXISTING RIGHT OR REMEDY OF THE STATE,
INCLUDING THE CITY UNIVERSITY OF NEW YORK, SHALL BE  LOST,  IMPAIRED  OR
AFFECTED BY REASON OF THIS SECTION.
  9. (A) WHEREVER THE TERM "CITY UNIVERSITY" APPEARS IN THE CONSOLIDATED
OR  UNCONSOLIDATED  LAWS  OF  THIS STATE OTHER THAN THE STATE TECHNOLOGY
LAW, SUCH TERM IS HEREBY CHANGED, WHERE APPROPRIATE, TO "STATE UNIVERSI-
TY".
  (B) THE LEGISLATIVE BILL DRAFTING COMMISSION  IS  HEREBY  DIRECTED  TO
EFFECTUATE  THIS  PROVISION,  AND  SHALL  BE  GUIDED  BY A MEMORANDUM OF
INSTRUCTION SETTING FORTH THE SPECIFIC PROVISIONS OF LAW TO BE  AMENDED.
SUCH  MEMORANDUM  SHALL  BE TRANSMITTED TO THE LEGISLATIVE BILL DRAFTING
COMMISSION WITHIN SIXTY DAYS OF ENACTMENT OF THIS PROVISION. SUCH  MEMO-
RANDUM  SHALL BE ISSUED JOINTLY BY THE GOVERNOR, THE TEMPORARY PRESIDENT
OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY, OR  BY  THE  DELEGATE  OF
EACH.

S. 6862                             3

  10.  UPON  THE  TRANSFER PURSUANT TO THIS SECTION OF THE FUNCTIONS AND
POWERS POSSESSED BY AND ALL OF THE OBLIGATIONS AND DUTIES  OF  THE  CITY
UNIVERSITY  OF  NEW  YORK  AS ESTABLISHED PURSUANT TO FORMER ARTICLE ONE
HUNDRED TWENTY-FIVE OF THIS CHAPTER, TO THE STATE UNIVERSITY OF NEW YORK
AS  PRESCRIBED  BY  THIS SECTION, NO ACTION OR PROCEEDING PENDING ON THE
EFFECTIVE DATE OF THIS SECTION, BROUGHT BY OR AGAINST THE CITY UNIVERSI-
TY OF NEW YORK OR THE BOARD OF TRUSTEES THEREOF SHALL BE AFFECTED BY ANY
PROVISION OF THIS SECTION, BUT THE SAME MAY BE PROSECUTED OR DEFENDED IN
THE NAME OF THE STATE UNIVERSITY OF NEW YORK.  IN ALL SUCH  ACTIONS  AND
PROCEEDINGS,  THE  STATE UNIVERSITY OF NEW YORK, UPON APPLICATION TO THE
COURT, SHALL BE SUBSTITUTED AS A PARTY.
  11. UPON THE TRANSFER PURSUANT TO THIS SECTION OF  THE  FUNCTIONS  AND
POWERS  POSSESSED  BY  AND  ALL  THE  OBLIGATIONS AND DUTIES OF THE CITY
UNIVERSITY OF NEW YORK AS ESTABLISHED PURSUANT TO THIS CHAPTER,  TO  THE
STATE  UNIVERSITY  OF NEW YORK AS PRESCRIBED BY THIS SECTION, ALL RULES,
REGULATIONS,  ACTS,  ORDERS,  DETERMINATIONS,  DECISIONS,  OF  THE  CITY
UNIVERSITY  OF  NEW  YORK  PERTAINING  TO  THE FUNCTIONS TRANSFERRED AND
ASSIGNED BY THIS SECTION TO THE STATE UNIVERSITY OF NEW YORK IN FORCE AT
THE TIME OF SUCH TRANSFER, ASSIGNMENT, ASSUMPTION  OR  DEVOLUTION  SHALL
CONTINUE IN FORCE AND EFFECT AS RULES, REGULATIONS, ACTS, DETERMINATIONS
AND DECISIONS OF THE STATE UNIVERSITY OF NEW YORK UNTIL DULY MODIFIED OR
REPEALED.
  12.  UPON  THE  TRANSFER PURSUANT TO THIS SECTION OF THE FUNCTIONS AND
POWERS POSSESSED BY AND ALL OF THE OBLIGATIONS AND DUTIES  OF  THE  CITY
UNIVERSITY  OF  NEW YORK AS ESTABLISHED PURSUANT TO THIS CHAPTER, TO THE
STATE UNIVERSITY OF NEW YORK AS PRESCRIBED BY THIS SECTION,  ALL  APPRO-
PRIATIONS  AND  REAPPROPRIATIONS WHICH SHALL HAVE BEEN MADE AVAILABLE AS
OF THE DATE OF SUCH TRANSFER TO THE  CITY  UNIVERSITY  OF  NEW  YORK  OR
SEGREGATED  PURSUANT  TO  LAW,  TO THE EXTENT OF REMAINING UNEXPENDED OR
UNENCUMBERED BALANCES THEREOF,  WHETHER  ALLOCATED  OR  UNALLOCATED  AND
WHETHER  OBLIGATED  OR  UNOBLIGATED,  SHALL  BE  TRANSFERRED TO AND MADE
AVAILABLE FOR USE AND EXPENDITURE BY THE STATE UNIVERSITY OF  NEW  YORK.
PAYMENTS  OF LIABILITIES FOR EXPENSES OF PERSONNEL SERVICES, MAINTENANCE
AND OPERATION WHICH SHALL HAVE BEEN INCURRED AS  OF  THE  DATE  OF  SUCH
TRANSFER  BY  THE  CITY  UNIVERSITY  OF  NEW  YORK,  AND FOR LIABILITIES
INCURRED AND TO BE INCURRED IN COMPLETING  ITS  AFFAIRS  SHALL  ALSO  BE
MADE.
  S 2. Article 125 of the education law is REPEALED.
  S 3. Article 125-B of the education law is REPEALED.
  S  4.  Paragraph  (f)  of  subdivision  3  of section 209 of the civil
service law, as amended by chapter 216 of the laws of 1977,  is  amended
to read as follows:
  (f) where the public employer is a school district, a board of cooper-
ative educational services, a community college, OR the state university
of  New  York,  [or  the city university of New York,] the provisions of
subparagraphs (iii) and (iv) of paragraph (e) of this subdivision  shall
not  apply,  and  (i) the board may afford the parties an opportunity to
explain their positions with respect to the report of  the  fact-finding
board  at  a meeting at which the legislative body, or a duly authorized
committee thereof, may be present; (ii) thereafter, the legislative body
may take such action as is necessary and appropriate to reach an  agree-
ment. The board may provide such assistance as may be appropriate.
  S  5.  The  opening paragraph of section 5-211 of the election law, as
amended by chapter 200 of the laws  of  1996,  is  amended  to  read  as
follows:

S. 6862                             4

  Each  agency designated as a participating agency under the provisions
of this section shall implement and administer a program of distribution
of voter registration forms pursuant to the provisions of this  section.
The  following  offices  which  provide public assistance and/or provide
state funded programs primarily engaged in providing services to persons
with  disabilities are hereby designated as voter registration agencies:
designated as the state agencies which provide public assistance are the
department of social services and the department of health.  Also desig-
nated as public assistance agencies are all agencies of local government
that provide such assistance. Designated as state agencies that  provide
programs primarily engaged in providing services to people with disabil-
ities  are  the  department  of labor, office for the aging, division of
veterans' affairs, office of mental health,  office  of  vocational  and
educational  services  for  individuals with disabilities, commission on
quality of care for the mentally disabled, office [of mental retardation
and] FOR PEOPLE WITH  developmental  disabilities,  commission  for  the
blind and visually handicapped, office of alcoholism and substance abuse
services,  the  office  of the advocate for the disabled and all offices
which administer programs established or funded by such agencies.  Addi-
tional  state  agencies designated as voter registration offices are the
department of state and the  division  of  workers'  compensation.  Such
agencies  shall be required to offer voter registration forms to persons
upon initial application for services, renewal  or  recertification  for
services  and change of address relating to such services. Such agencies
shall also be responsible for  providing  assistance  to  applicants  in
completing  voter  registration  forms,  receiving  and transmitting the
completed application form from all applicants who  wish  to  have  such
form  transmitted to the appropriate board of elections. The state board
of elections shall, together with representatives of the  department  of
defense,  develop  and  implement  procedures  for including recruitment
offices of the armed forces of the United States as  voter  registration
offices  when  such offices are so designated by federal law.  The state
board shall also make request  of  the  United  States  Immigration  and
Naturalization  Service to include applications for registration by mail
with any materials which are given to new citizens.  All institutions of
the state university of New York [and the city university of New  York,]
shall,  at  the  beginning of the school year, and again in January of a
year in which the president of the  United  States  is  to  be  elected,
provide  an  application  for  registration to each student in each such
institution.  The state board of elections may, by regulation,  grant  a
waiver from any or all of the requirements of this section to any office
or  program  of  an agency, if it determines that it is not feasible for
such office or program to administer such requirement.
  S 6. Subdivision 3 of section 169 of the executive law,  as  added  by
chapter 263 of the laws of 1987, is amended to read as follows:
  3.  Notwithstanding  any  other provision of this section or any other
provision of law, the [boards] BOARD of trustees of the state university
of New York [and the city university of New York] shall [each] establish
and implement salary plans for the chancellors,  presidents  and  senior
staffs  of  such state [and city universities, respectively] UNIVERSITY.
The board of regents shall establish and  implement  a  separate  salary
plan  for  the  president  of  the  university of the state of New York,
setting forth the compensation to  be  received  by  the  president  for
performing  the  duties  of  that  office  assigned  by the rules of the
regents or statute, which shall  be  in  addition  to  the  compensation
received  by  such person pursuant to the provisions of subdivisions one

S. 6862                             5

and two of this section.   Such salary plans shall  be  developed  after
consultation  with  the  governor's office of employee relations and the
division of the budget.  Any increase in compensation for the  positions
set  forth  in this subdivision, not otherwise funded from any appropri-
ation, shall be funded from reallocations of funds within the  appropri-
ations  specifically  identified  by  the aforementioned [boards] BOARD.
[Each] SUCH board of trustees and the board  of  regents  shall  file  a
proposed  salary  plan  report  with  the  chairs  of the senate finance
committee and the assembly ways and means committee and the director  of
the budget at least sixty days prior to the effective date of such sala-
ry  plan.    [Each]  SUCH  salary plan report shall set forth the salary
schedule, the dollar value of additional public compensation  and  other
employment  benefits  that  such  positions  would receive, the specific
sources of funding to be reallocated for salary increases, the amount of
increase to be provided to each position, the comparison salary data  on
which  the  plan  is  based,  and such other information as the [boards]
BOARD of trustees and the board of regents deem appropriate.
  S 7. Subdivision 2 of section 170-b of the executive law, as added  by
chapter 63 of the laws of 2009, is amended to read as follows:
  2.  For  purposes  of this section, the term "state agency" shall mean
any state department, state university of New York, [city university  of
New  York,]  authority,  board, bureau, division, commission, committee,
council, office or other governmental entity performing  a  governmental
or proprietary function for the state.
  S  8. Paragraph (e) of subdivision 4 of section 209-p of the executive
law is REPEALED.
  S 9. Subparagraph (iii) of paragraph (a) of subdivision 11 of  section
310  of  the executive law, as added by chapter 261 of the laws of 1988,
is amended to read as follows:
  (iii) the state university of New York [and the city university of New
York], including all [their]  ITS  constituent  units  except  community
colleges   and  the  independent  institutions  operating  statutory  or
contract colleges on behalf of the state, or
  S 10.  Subdivision 1 of section 548-e of the executive law,  as  added
by chapter 657 of the laws of 1990, is amended to read as follows:
  1.   Establishment. A neighborhood based initiatives oversight commit-
tee shall be established to oversee the implementation of the provisions
of this article and shall consist of representatives  of  the  following
agencies  or their designees, with the commissioner of the department or
his or her designee serving as chairperson: the state advocate  for  the
disabled;  the director of the office for the aging; the director of the
division of alcoholism and alcohol abuse; the executive director of  the
council on children and families; [the chancellor of the city university
of  New  York;] the executive director of the developmental disabilities
action planning council; the director of the budget; the commissioner of
economic development; the commissioner of education; the commissioner of
health; the commissioner of housing and community renewal;  the  commis-
sioner  of labor; the commissioner of mental health; the commissioner of
[mental retardation and] developmental disabilities; the commissioner of
parks, recreation and historic preservation; the chancellor of the state
university of New York; the director of the division of substance  abuse
services;  the  director  of the division for youth; the director of the
division for women; and the department of audit and control.
  S 11.  Subdivision 3 of section 950 of the executive law, as added  by
chapter 510 of the laws of 1999, is amended to read as follows:

S. 6862                             6

  3. "State agency". Any state department, state university of New York,
[city  university  of  New  York,]  board, bureau, division, commission,
committee, council, office or other  governmental  entity  performing  a
governmental  or  proprietary function for the state, or any combination
thereof as provided in subdivision two of section nine hundred fifty-one
of  this  article,  except any public authority or public benefit corpo-
ration, the judiciary or the state legislature.
  S 12.  Paragraph (g) of subdivision 1 of  section  73  of  the  public
officers  law, as amended by chapter 283 of the laws of 1996, is amended
to read as follows:
  (g) The term "state agency" shall mean any state department, or  divi-
sion,  board,  commission, or bureau of any state department, any public
benefit corporation, public authority or  commission  at  least  one  of
whose  members  is appointed by the governor, or the state university of
New York [or the city university of New York], including all [their] ITS
constituent units except community colleges of the state  university  of
New  York  and  the  independent  institutions  operating  statutory  or
contract colleges on behalf of the state.
  S 13.  Paragraph (b) of subdivision 1 of section 73-a  of  the  public
officers  law,  as  amended by section 5 of part A of chapter 399 of the
laws of 2011, is amended to read as follows:
  (b) The term "state agency" shall mean any state department, or  divi-
sion,  board,  commission, or bureau of any state department, any public
benefit corporation, public authority or  commission  at  least  one  of
whose  members  is appointed by the governor, or the state university of
New York [or the city university of New York], including all [their] ITS
constituent units except community colleges of the state  university  of
New  York  and  the  independent  institutions  operating  statutory  or
contract colleges on behalf of the state.
  S 14.  Subdivision 18 of section 2 of the state finance law, as  added
by chapter 577 of the laws of 1988, is amended to read as follows:
  18. "Financed equipment acquisition". Personal property acquired or to
be  acquired  by  any  state  department and agency or unit of the state
university [or city university of New York] through (i)  lease  purchase
or installment purchase agreements financed or to be financed by certif-
icates  of participation sold pursuant to article five-A of this chapter
or (ii) other lease purchase or installment purchase agreements.
  S 15.  Subdivision 3 of section 2-a of the state finance law, as added
by chapter 510 of the laws of 1999, is amended to read as follows:
  3. "State agency". Any state department, state university of New York,
[city university of New  York,]  board,  bureau,  division,  commission,
committee,  council,  office  or  other governmental entity performing a
governmental or proprietary function for the state, or  any  combination
thereof as provided in subdivision two of section nine hundred fifty-one
of  the  executive  law,  except  any public authority or public benefit
corporation, the judiciary or the state legislature.
  S 16.  Section 17 of the state finance law, as added by chapter 577 of
the laws of 1988, is amended to read as follows:
  S 17. Reports on financed equipment acquisitions. Within  thirty  days
following  the close of each calendar quarter, beginning with the calen-
dar quarter ending on December thirty-first,  nineteen  hundred  eighty-
eight,  the  director  of  the  budget shall, to the extent practicable,
provide a report to the chairs of the senate finance committee  and  the
assembly  ways  and  means  committee  showing  expenditures  for  lease
purchase and installment purchase payments made by or on behalf  of  any
state department and agency or any unit of the state university [or city

S. 6862                             7

university  of  New York] for financed equipment acquisitions during the
preceding calendar quarter. Such reports shall be organized  by  agency,
program,  fund,  and  appropriation.  State departments and agencies and
units of the state university [and the city university of New York], the
state  comptroller,  and  the  commissioner  of  the  office  of general
services shall assist the director in obtaining the  information  neces-
sary to produce such reports.
  S  17.  The  opening  paragraph  of subdivision 8 of section 22 of the
state finance, as amended by chapter 762 of the laws of 1992 and  renum-
bered  by  section  2  of  part F of chapter 389 of the laws of 1997, is
amended to read as follows:
  Within ten days following the submission of the budget by  the  gover-
nor,  the  director  of  the  budget shall transmit to the chairs of the
senate finance committee and the assembly ways  and  means  committee  a
report,  by agency, program, and fund, including but not limited to, the
following information pertaining to financed equipment acquisitions  for
state  departments,  agencies and units of the state university [and the
city university of New York] including those financed equipment acquisi-
tions financed by the issuance of certificates of participation or simi-
lar instruments for state departments, agencies and units of  the  state
[and city universities] UNIVERSITY of New York:
  S 18. Paragraph e of subdivision 2 and paragraph a of subdivision 3 of
section 40 of the state finance law are REPEALED.
  S  19.  Subparagraph (i) of paragraph c of subdivision 6, subparagraph
(i) of paragraph j and subparagraph (i) of paragraph k of subdivision 10
of section 54 of the state finance law, are REPEALED.
  S 20. Subdivisions 1 and 3 of section 66-a of the state  finance  law,
as  amended  by  chapter 539 of the laws of 1989, are amended to read as
follows:
  1.  No person, partnership, corporation or other legal entity nor  any
state officer, employee, agency, department, [the city university of New
York,]  the  legislature  or  the  judiciary shall issue certificates of
participation or similar instruments representing the right to receive a
proportionate share in lease, installment or other periodic payments  to
be  made  by  any state department, agency or the city university of New
York except in accordance with the provisions of this article  and  with
the express written approval of the state comptroller. The provisions of
this  section  are hereby made a part of every purchase contract entered
into by such a state entity providing for periodic payments by any state
department, OR agency [or the city university of New York].  Every  such
contract  shall  contain  a  clause expressly reciting the provisions of
this subdivision, provided, however, that the absence of such clause  in
such  a  contract  shall  not obviate the duty of all parties thereto to
comply with the provisions of this subdivision. Neither this  provision,
nor  any  other  provision of this article shall be construed to prevent
such state entities from entering into  installment  purchase  or  lease
purchase  agreements  funded  without the use of certificates of partic-
ipation or similar instruments.
  3. No state officer, employee, department,  OR  agency  [or  the  city
university  of  New  York]  shall enter into any agreement in connection
with the issuance of certificates of participation  which  requires  any
payment  by  the  state  to  the  trustee,  on behalf of holders of such
certificates, during the month of April of any year.
  S 21. Subdivisions 1 and 4 of section 66-b of the state  finance  law,
subdivision 1 as amended by chapter 219 of the laws of 1999 and subdivi-

S. 6862                             8

sion  4 as amended by section 41 of part BB of chapter 58 of the laws of
2011, are amended to read as follows:
  1.  The  director  of  the  budget  shall determine whether the use of
certificates of participation to finance and/or to refinance installment
purchase or lease purchase contracts entered into by state  departments,
OR  agencies [or the city university of New York] is financially desira-
ble and in the best interest of the state. Upon notice of such a  deter-
mination  the state comptroller is authorized, pursuant to a request for
proposals, competitive bidding or negotiated placement, to cause  to  be
issued  certificates of participation or similar instruments that repre-
sent undivided proportionate interests in periodic payments due from the
state to fund installment purchase or lease purchase  contracts  entered
into,  or  expected  to be entered into, by the state departments, agen-
cies, [the city university of New York,]  or  any  combination  thereof,
pursuant  to the provisions of this article. The state comptroller shall
issue regulations to govern the procedure he shall follow  in  any  sale
conducted  pursuant  to  this  section  of such certificates. Such regu-
lations shall, in  the  case  of  all  sales,  require  that  notice  be
published in a definitive trade publication of the municipal bond indus-
try  published  on  each business day in the state of New York, which is
generally available to participants  in  the  municipal  bond  industry,
which  notice  shall  state the terms of the sale. The proceeds from the
issuance of such certificates may also be used for the establishment  of
reserve  funds  to  secure  such  certificates,  the  cost or premium of
letters of credit, insurance or other credit enhancements, the  cost  of
bond  counsel,  financial  advisor,  trustees and paying agent, and such
other related expenses as may be necessary  for  the  issuance  of  such
certificates.  The foregoing shall not be construed to authorize the use
of such proceeds for the payment of personal service expenses  of  state
departments,  OR  agencies  [or  the city university of New York], other
than payments made to the department of law for legal services rendered.
  4. Subject to the provisions of chapter fifty-nine of the laws of  two
thousand, but notwithstanding any other provisions of law to the contra-
ry,  the  maximum  amount  of  certificates  of participation or similar
instruments representing periodic payments due from  the  state  of  New
York,  issued  on  behalf  of  state departments and agencies[, the city
university of New York] and any other state entity  otherwise  specified
after  March  thirty-first,  two  thousand  three shall be seven hundred
eighty-four million  two  hundred  eighty-five  thousand  dollars.  Such
amount  shall  be  exclusive of certificates of participation or similar
instruments issued to fund a reserve fund or funds,  costs  of  issuance
and to refund outstanding certificates of participation.
  S  22.  Section 66-d of the state finance law, as added by chapter 583
of the laws of 1986, subdivisions 1 and 2 as amended by chapter  539  of
the  laws  of  1989,  and subdivision 3 as amended by chapter 577 of the
laws of 1988, is amended to read as follows:
  S 66-d. Annual ceiling on certificates of participation. 1. The gover-
nor shall include in the bills which he submits in connection  with  the
executive  budget  his  recommendation as to the total maximum amount of
certificates of participation to be issued  for  purchases  of  personal
property by state departments, AND agencies[, and the city university of
New  York]  pursuant  to  this  article during the upcoming fiscal year,
exclusive of refunding  and,  in  addition,  a  list  of  real  property
projects  of state departments, AND agencies [and the city university of
New York] contemplated to be financed through the use of certificates of
participation.

S. 6862                             9

  2. The maximum amount of  certificates  of  participation  or  similar
instruments  representing  periodic  payments  due from the state of New
York issued for state departments, AND agencies [and the city university
of New York] within a fiscal year shall not exceed the maximum principal
amount  authorized  in the budget enacted into law for such fiscal year,
or in any other law as amended from time to time.
  3. Certificates of participation issued to refund  or  advance  refund
prior  issues  of  certificates  of participation or similar instruments
including certificates  of  participation  issued  pursuant  to  section
sixty-six-b  of  this  article  and certificates of participation issued
before July twenty-fourth, nineteen hundred eighty-six, representing the
right to receive a proportionate share in lease,  installment  or  other
periodic  payments to be made by any state department, agency or unit of
the state university [or the city university]  of  New  York  shall  not
count  against  the  above ceilings, provided that the state comptroller
determines that there will be a savings to the state on  total  periodic
payments  on  a  present value basis as a result of the refunding trans-
action.
  S 23. Section 66-f of the state finance law, as amended by chapter 539
of the laws of 1989, is amended to read as follows:
  S 66-f. Certain interagency transfers authorized.  The director of the
budget may, if necessary, authorize the  transfer  of  monies  from  one
state  department, OR agency [or the city university of New York] to pay
for installment purchases or lease purchases  made  on  its  behalf,  to
another state department, OR agency [or the city university of New York]
under  a multi-agency installment purchase contract financed through the
issuance of certificates of participation or similar instruments, but in
no case shall the aggregate of state payments exceed  the  total  amount
actually  appropriated  for  the  underlying  installment purchase obli-
gations. The director of the budget shall file his approval of a certif-
icate of allocation for such a transfer with the state  comptroller  and
the  chairs  of  the  senate finance committee and the assembly ways and
means committee.
  S 24. Section 66-j of the state finance law, as amended by chapter 219
of the laws of 1999, is amended to read as follows:
  S 66-j. Annual report. On or before February fifteenth of each  fiscal
year,  beginning  with  the  nineteen  hundred eighty-eight--eighty-nine
fiscal year and ending with the nineteen  hundred  ninety-seven--ninety-
eight  fiscal  year,  and  on  or  before  February  fifteenth  and June
fifteenth of each fiscal year, beginning with the nineteen hundred nine-
ty-eight--ninety-nine fiscal year, the state comptroller shall submit an
annual report to the director of the budget and the chairs of the senate
finance committee and the assembly ways and  means  committee  regarding
the issuance of certificates of participation issued under this article.
Such report shall include a summary statement of the aggregate amount of
certificates  of  participation  issued  under this article. Such report
shall also include, but not be limited to, specific detail pertaining to
each issuance, including the state department, agency, or  unit  of  the
state  university  [or  city  university] of New York which entered into
lease or installment purchases funded through the use of certificates of
participation, including each issuance for the legislature or the  judi-
ciary,  the  amounts, purposes, and financing terms and payment schedule
of each issuance, as well as any  other  matter  which  the  comptroller
deems advisable.

S. 6862                            10

  S  25.  Subdivision  1  of  section  66-k of the state finance law, as
amended by chapter 539 of the laws  of  1989,  is  amended  to  read  as
follows:
  1.    This  section shall not apply to appropriations made to units of
the state university [or the city university] of New York.
  S 26. Section 92-ee of the state finance law, as added by section 1 of
part LL of chapter 57 of the  laws  of  2008,  is  amended  to  read  as
follows:
  S  92-ee.  New  York state higher education endowment. There is hereby
established in the custody of the comptroller a fund to be known as  the
New  York  state  higher  education endowment. Notwithstanding any other
provision of law, all of the assets and income of the endowment shall be
held and invested by the  comptroller  as  trustee  of  such  endowment,
except such income as may be allocated or distributed by the comptroller
pursuant to appropriation. The endowment shall consist of amounts trans-
ferred into such endowment, and any other amounts as may be deposited in
the  endowment from other public or private sources. Amounts transferred
to or deposited into the endowment  shall  be  dedicated  to  [the  city
university  of New York and] the state university of New York, and shall
be used for no other purpose and distributions from the endowment  shall
be  used  to  supplement,  rather than supplant, appropriations from the
state in support of [the city university of  New  York  and]  the  state
university  of  New York. The full amount of the principal of the endow-
ment shall be preserved and annual  payments  shall  be  made  from  the
investment  earnings of the endowment in support of [the city university
of New York and] the state university of New York,  to  provide  funding
for  purposes  including,  but  not limited to, employment of additional
full-time faculty members, student  financial  aid  to  improve  access,
grants for research and development, and for additional higher education
purposes as may be authorized.
  S  27.  Section 99-d of the state finance law, as added by chapter 309
of the laws of 1996, is REPEALED.
  S 28. Subdivision 9 of section 160 of the state finance law, as  added
by chapter 83 of the laws of 1995, is amended to read as follows:
  9.  "State  agency"  or  "state agencies" means all state departments,
boards, commissions, offices or institutions but excludes, however,  for
the  purposes of subdivision five of section three hundred fifty-five of
the education law, the state university of New York [and  excludes,  for
the  purposes  of subdivision a of section sixty-two hundred eighteen of
the education law, the city university of New York].  Furthermore,  such
term shall not include the legislature or the judiciary.
  S  29.  The opening paragraph and the opening paragraph of paragraph a
of subdivision 7 of section 165 of the state finance law, as amended  by
chapter 562 of the laws of 2003, is amended to read as follows:
  Special  provisions  regarding  the  purchasing  of  apparel or sports
equipment by the state university of New York [and the  city  university
of New York].
  Notwithstanding  any  other provision of law, the various units of the
state university of New York[, the city  university  of  New  York]  and
community colleges shall have authority to:
  S 30. Paragraph b of subdivision 1 of section 166 of the state finance
law,  as  amended  by section 31 of part RR of chapter 57 of the laws of
2008, is amended to read as follows:
  b. Notwithstanding the provisions of paragraph a of this  subdivision,
which  shall  not  apply to financed equipment acquisitions for units of
the state university [and city university]  of  New  York,  no  financed

S. 6862                            11

equipment  acquisition may be approved by the state comptroller for such
units until the director of  the  budget  has  determined  whether  such
financed  equipment  acquisition  shall  be  financed by certificates of
participation  pursuant  to  section  sixty-six-b  of  this chapter. The
director of the budget shall make such determination no later than thir-
ty days following the submission of documentation, satisfactory  to  the
director from the state university [or city university] of New York.  If
within  such  period  of  time  the director does not indicate that such
financed equipment acquisition shall  be  financed  by  certificates  of
participation, the state university [or city university] of New York may
proceed  with  a  financed  equipment acquisition in accordance with any
other applicable provision of law. The board of trustees  of  the  [city
university of New York and the board of trustees of the] state universi-
ty  of New York shall [each] promulgate regulations in consultation with
the comptroller and subject to the approval of the director of the budg-
et regarding the circumstances under  which  units  of  [the  respective
universities]  SUCH  UNIVERSITY may use certificates of participation or
other financed equipment acquisitions. Such  regulations  shall  include
but  not be limited to: the establishment of minimum finance acquisition
cost; restrictions on the use  of  certificates  of  participation;  and
annual  ceilings  on  financed equipment acquisitions. [Each] SUCH board
shall file copies of its regulations with the director  of  the  budget,
the  comptroller, and the chairs of the senate finance committee and the
assembly ways and means committee.
  S 31. Subdivision 9 of section 179-e of  the  state  finance  law,  as
added by chapter 153 of the laws of 1984, is amended to read as follows:
  9.  "State  agency"  means  any department, board, bureau, commission,
division, office, council, institution, or committee in  the  executive,
legislative, or judicial branches of state government; [the city univer-
sity  of  New York when acting on behalf of any of its senior colleges;]
the  facilities  development  corporation;  or  the   state   university
construction fund.
  S 32. Clause (i) of subparagraph 1 of paragraph (b) of subdivision 2-a
of  section 200 of the state finance law, as added by chapter 947 of the
laws of 1990, is amended to read as follows:
  (i) officers and employees of  the  executive  branch  (including  the
state  university [and the senior colleges of the city university of New
York)];
  S 33. Section 201-c of the state finance law is REPEALED.
  S 34. Subdivision 1 of section 171-a of the tax  law,  as  amended  by
section  1  of  part  R of chapter 60 of the laws of 2004, is amended to
read as follows:
  1. All taxes, interest, penalties and fees collected  or  received  by
the commissioner or the commissioner's duly authorized agent under arti-
cles nine (except section one hundred eighty-two-a thereof and except as
otherwise  provided  in  section  two  hundred  five  thereof),  nine-A,
twelve-A (except as otherwise provided in section  two  hundred  eighty-
four-d  thereof),  thirteen, thirteen-A (except as otherwise provided in
section  three  hundred  twelve  thereof),  eighteen,  nineteen,  twenty
(except  as otherwise provided in section four hundred eighty-two there-
of),  twenty-one,  twenty-two,  twenty-six,  twenty-six-B,  twenty-eight
(except  as  otherwise  provided in section eleven hundred two or eleven
hundred three thereof), twenty-eight-A, thirty-one (except as  otherwise
provided  in  section  fourteen hundred twenty-one thereof), thirty-two,
thirty-three and thirty-three-A of this chapter shall be deposited daily
in one account with such responsible  banks,  banking  houses  or  trust

S. 6862                            12

companies  as may be designated by the comptroller, to the credit of the
comptroller. Such an account may be established in one or more  of  such
depositories.  Such  deposits  shall be kept separate and apart from all
other  money in the possession of the comptroller. The comptroller shall
require adequate security from  all  such  depositories.  Of  the  total
revenue  collected  or received under such articles of this chapter, the
comptroller shall retain in the comptroller's hands such amount  as  the
commissioner may determine to be necessary for refunds or reimbursements
under  such  articles  of  this chapter [and article ten thereof] out of
which amount the comptroller shall pay any refunds or reimbursements  to
which  taxpayers shall be entitled under the provisions of such articles
of this chapter [and article ten  thereof].  The  commissioner  and  the
comptroller  shall  maintain  a system of accounts showing the amount of
revenue collected or received from each of the  taxes  imposed  by  such
articles.  The  comptroller,  after  reserving  the  amount  to pay such
refunds or reimbursements, shall, on or before the  tenth  day  of  each
month, pay into the state treasury to the credit of the general fund all
revenue deposited under this section during the preceding calendar month
and  remaining  to  the  comptroller's  credit  on  the last day of such
preceding month, (i) except that the comptroller shall pay to the  state
department of social services that amount of overpayments of tax imposed
by  article  twenty-two  of this chapter and the interest on such amount
which is certified to the comptroller by the commissioner as the  amount
to  be  credited against past-due support pursuant to subdivision six of
section one hundred seventy-one-c of this chapter, (ii) and except  that
the  comptroller  shall  pay  to  the  New  York  state higher education
services corporation and the state university of New York [or  the  city
university  of New York respectively] that amount of overpayments of tax
imposed by article twenty-two of this chapter and the interest  on  such
amount  which is certified to the comptroller by the commissioner as the
amount to be credited against the amount of  defaults  in  repayment  of
guaranteed  student loans and state university loans [or city university
loans] pursuant to subdivision five of section one hundred seventy-one-d
and subdivision six of section one hundred seventy-one-e of  this  chap-
ter,  (iii)  and except further that, notwithstanding any law, the comp-
troller shall credit to  the  revenue  arrearage  account,  pursuant  to
section  ninety-one-a  of the state finance law, that amount of overpay-
ment of tax imposed by article nine, nine-A, twenty-two,  thirty,  thir-
ty-A,  thirty-B,  thirty-two  or  thirty-three  of this chapter, and any
interest thereon, which is certified to the comptroller by  the  commis-
sioner as the amount to be credited against a past-due legally enforcea-
ble debt owed to a state agency pursuant to paragraph (a) of subdivision
six  of  section  one  hundred  seventy-one-f of this article, provided,
however, he shall credit to the special offset fiduciary account, pursu-
ant to section ninety-one-c of the state finance law,  any  such  amount
creditable  as  a liability as set forth in paragraph (b) of subdivision
six of section one hundred  seventy-one-f  of  this  article,  (iv)  and
except  further  that  the comptroller shall pay to the city of New York
that amount of overpayment of tax imposed by article nine, nine-A, twen-
ty-two, thirty, thirty-A, thirty-B, thirty-two, or thirty-three of  this
chapter and any interest thereon that is certified to the comptroller by
the  commissioner  as the amount to be credited against city of New York
tax warrant judgment debt pursuant to section one hundred  seventy-one-l
of  this  article, (v) and except further that the comptroller shall pay
to a non-obligated spouse that amount of overpayment of tax  imposed  by
article twenty-two of this chapter and the interest on such amount which

S. 6862                            13

has  been  credited  pursuant  to section one hundred seventy-one-c, one
hundred seventy-one-d, one hundred seventy-one-e, one  hundred  seventy-
one-f  or  one hundred seventy-one-l of this article and which is certi-
fied  to the comptroller by the commissioner as the amount due such non-
obligated spouse pursuant to paragraph six of subsection (b) of  section
six  hundred  fifty-one  of this chapter; and (vi) the comptroller shall
deduct a like amount which the comptroller shall pay into  the  treasury
to  the  credit of the general fund from amounts subsequently payable to
the department of social services, the state university  of  New  York[,
the  city  university  of  New  York],  or the higher education services
corporation, or the revenue arrearage account or special offset  fiduci-
ary  account  pursuant  to  section  ninety-one-a or ninety-one-c of the
state finance law, as the case may be, whichever had been  credited  the
amount originally withheld from such overpayment, and (vii) with respect
to amounts originally withheld from such overpayment pursuant to section
one  hundred  seventy-one-l  of this article and paid to the city of New
York, the comptroller shall collect a like amount from the city  of  New
York.
  S  35. Paragraph (ii) of subsection 5 of section 171-c of the tax law,
as amended by chapter 601 of the laws of 2007, is  amended  to  read  as
follows:
  (ii) Only the balance remaining, after such overpayment and the inter-
est  thereon  has  been  credited  as described in paragraph (i) of this
subdivision, shall be certified as an overpayment plus any  interest  to
be  credited against past-due support, with the remainder to be refunded
to the taxpayer if such remainder is not required to satisfy the  amount
of a default in repayment of a state university loan [or city university
loan]  pursuant  to  section  one  hundred seventy-one-e of this article
and/or the amount of a past-due legally  enforceable  debt  pursuant  to
section  one  hundred seventy-one-f of this article and/or a city of New
York tax warrant judgment debt pursuant to section one hundred  seventy-
one-l  of  this article and/or the amount of a default in repayment of a
guaranteed student loan pursuant to section one hundred seventy-one-d of
this article. In cases where the taxpayer owes past-due support to  more
than  one  person  or  entity,  and the total amount of past-due support
certified to the commissioner by the state office of temporary and disa-
bility assistance exceeds the balance remaining,  each  such  person  or
entity  shall  receive  a  pro rata share of the balance remaining, such
share to be based on the amount of past-due support owed to such  person
or  entity  as  certified to the commissioner by such office pursuant to
this section. The state office of temporary  and  disability  assistance
shall  be  responsible for determining and distributing each person's or
entity's pro rata share of past-due support pursuant to  regulations  of
such office.
  S  36.  Subparagraph  (E) of paragraph (i) of subdivision 4 of section
171-d of the tax law is REPEALED.
  S 37. Section 171-e of the tax law, as amended by chapter 638  of  the
laws  of  1985,  subdivision 2 as separately amended by chapters 638 and
222 of the laws of 1985, subdivision 3 and paragraph (b) of  subdivision
4  as amended by chapter 55 of the laws of 1992, subdivisions 4 and 7 as
amended by chapter 686 of the laws of 1989, subparagraph  (C)  of  para-
graph  (a)  of  subdivision  5  as amended by chapter 639 of the laws of
1986, and paragraph (b) of subdivision 5 as amended by section 4 of part
R of chapter 60 of the laws of 2004, is amended to read as follows:
  S 171-e. Certain    overpayments     credited     against     national
defense/national  direct,  health  professions or nursing student loans.

S. 6862                            14

(1) As used in this section only, the term "state university  loan"  [or
"city  university  loan"] refers to loans provided to students at state-
operated units of the state university of New York [or the city  univer-
sity  of  New  York  respectively]  under  the national defense/national
direct, health professions or nursing student loan programs.
  (2) The commissioner of taxation and finance, on  behalf  of  the  tax
commission,  shall enter into a written agreement with the state univer-
sity of New York [or the city university of New York respectively] which
shall set forth the procedures for crediting any overpayment by an indi-
vidual, estate or trust of income tax imposed by article  twenty-two  of
this  chapter, city personal income tax on residents imposed pursuant to
the authority of  article  thirty  of  this  chapter,  city  income  tax
surcharge  on  residents  imposed  pursuant  to the authority of article
thirty-A of this chapter, city  earnings  tax  on  nonresidents  imposed
pursuant  to  the  authority of former article two-E of the general city
law and city earnings  tax  on  nonresidents  imposed  pursuant  to  the
authority  of  article thirty-B of this chapter and the interest on such
overpayments against the amount of any default in repayment of  a  state
university  loan  [or  city  university  loan]  owed by such individual,
estate or trust of which the commissioner of taxation  and  finance  has
been notified by the state university of New York [or the city universi-
ty  of  New York respectively] pursuant to the provisions of such agree-
ment.
  (3) Such agreement shall apply only to the  amount  of  a  default  in
repayment  of  a  state  university loan [or city university loan] as to
which the state and/or state university of New York [or the city univer-
sity of New York respectively] has obtained a judgment  or  has  made  a
determination  that  satisfies  the requirements of subdivision three of
section one hundred seventy-one-f of this article.
  (4) Such agreement shall include:
  (a) the procedure under which the state university of New York [or the
city university of New York respectively] shall notify the  commissioner
of taxation and finance of a default in a repayment of a state universi-
ty  loan  [or  city university loan], such procedure to specify when the
commissioner of taxation and finance shall be notified and  the  content
of such notification;
  (b)  the  minimum  amount  outstanding  on a default in repayment of a
state university loan  [or  city  university  loan]  against  which  the
commissioner  of  taxation  and finance shall, pursuant to this section,
credit an overpayment;
  (c) the procedure for reimbursement of the  commissioner  of  taxation
and  finance by the state university of New York [or the city university
of New York respectively] for the full cost of carrying out  the  proce-
dures authorized by this section;
  (d)  a  provision  providing  that  information furnished to the state
university of New York [or the city university of New York respectively]
by the commissioner of taxation and finance and the comptroller pursuant
to said agreement shall be considered  confidential  and  shall  not  be
disclosed  except to such federal or state department or agency entitled
to such information;
  (e) such other matters as the parties to  such  agreement  shall  deem
necessary to carry out the provisions of this section; and
  (f)  the  procedure  for reimbursement of the comptroller by the state
university of New York [or city university of New York] for any overpay-
ment and interest thereon which has been credited against the amount  of
default  on  repayment  of a state university loan [or a city university

S. 6862                            15

loan] owed by a taxpayer filing a  joint  return,  but  which  has  been
refunded by the comptroller, pursuant to paragraph six of subsection (b)
of section six hundred fifty-one of this chapter, to a spouse not liable
for  the  amount  of default in repayment of a state university loan [or
city university loan] owed by such taxpayer.
  (5) (a) In calculating the amount of an overpayment and interest ther-
eon which shall be credited against the amount of a default in repayment
of a state university loan [or city university loan] owed by a taxpayer,
the tax commission shall first credit the overpayment and interest ther-
eon against any:
  (A) liability of such taxpayer in respect of any tax imposed  by  this
chapter;
  (B)  liability  of  such  taxpayer for any tax imposed pursuant to the
authority of this chapter or any other law if such tax  is  administered
by the tax commission;
  (C)  estimated  tax  for  the succeeding taxable year if such taxpayer
claims such overpayment or a portion thereof as a credit  against  esti-
mated tax for such succeeding taxable year pursuant to subsection (e) of
section  six  hundred  eighty-six  of this chapter or subdivision (e) of
section 11-1786 of the administrative code of the city of New  York  for
any  tax  imposed pursuant to the authority of this chapter or any other
law if such tax is administered by the tax commission; and
  (D) past-due support owed by the  taxpayer  pursuant  to  section  one
hundred seventy-one-c of this chapter;
  (b)  Only the balance remaining, after such overpayment and the inter-
est thereon has been credited as described  in  paragraph  (a)  of  this
subdivision,  shall  be certified as an overpayment plus any interest to
be credited against the amount of a default  in  repayment  of  a  state
university  loan  [or  city  university  loan], with the remainder to be
refunded to the taxpayer if such remainder is not  required  to  satisfy
the  amount  of  a past-due legally enforceable debt pursuant to section
one hundred seventy-one-f of this article, and/or a city of New York tax
warrant judgment debt pursuant to section one hundred  seventy-one-l  of
this article and/or the amount of a default in repayment of a guaranteed
student loan pursuant to section one hundred seventy-one-d of this arti-
cle.
  (6)  The  tax  commission  shall  certify to the comptroller the total
amount of the overpayment and the  interest  on  such  overpayment,  the
amount of such overpayment and the interest on such amount to be credit-
ed  against the amount of the default in repayment of a state university
loan [or city university loan] and the balance of such  overpayment  and
interest to be refunded to the taxpayer.
  (7) The commissioner of taxation and finance shall notify the taxpayer
making  the  overpayment,  in writing, of the amount of such overpayment
and the interest thereon certified to the comptroller as the  amount  to
be  credited  against  the  amount  of a default in repayment of a state
university loan [or city university loan].  Such  notice  shall  include
notification  to any other person who may have filed a joint return with
the taxpayer of the steps such other person may take in order to  secure
his or her proper share of the refund.
  (8)  From  the  time the state tax commission is notified by the state
university of New York [or the city university of New York respectively]
of an individual's, estate's or trust's default in repayment of a  state
university  loan  [or city university loan] under the agreement provided
for in this section, the state tax  commission  and  the  department  of
taxation  and finance shall be relieved from all liability to such indi-

S. 6862                            16

vidual, estate or trust, their assigns, successors, heirs  or  represen-
tatives  for  the  amount  of an overpayment and interest on such amount
certified to the comptroller to be credited  against  the  amount  of  a
default  in  repayment of such state university loan [or city university
loan] and such individual, estate  or  trust  shall  have  no  right  to
commence  a  court  action  or proceeding or to any other legal recourse
against the state tax commission  or  the  department  of  taxation  and
finance  to  recover  such overpayment or such interest certified to the
comptroller to be credited against the amount of default in repayment of
a state university loan [or city university  loan].  Provided,  however,
nothing herein shall be construed to prohibit such individual, estate or
trust  from  proceeding against the state university of New York [or the
city university of New York respectively] to recover that part  of  such
overpayment  or  interest  thereon so certified to the comptroller to be
credited against the amount of a default in repayment of a state univer-
sity loan [or city university loan] which is greater than the amount  of
such  default  owed  by  such individual, estate or trust on the date of
such certification.
  (9) The tax commission shall promulgate such rules and regulations  as
it deems necessary to carry out the provisions of this section.
  S  38.  Subparagraph (vi) of paragraph (a) of subdivision 5 of section
171-f of the tax law, as added by chapter 55 of the laws of 1992 and  as
renumbered  by  chapter  170  of the laws of 1994, is amended to read as
follows:
  (vi) the amount of a default in repayment of a  state  university  [or
city  university]  loan pursuant to section one hundred seventy-one-e of
this article.
  S 39. Subparagraph (vi) of paragraph (a) of subdivision 4  of  section
171-l  of  the tax law, as added by section 6 of part R of chapter 60 of
the laws of 2004, is amended to read as follows:
  (vi) the amount of a default in repayment of a  state  university  [or
city  university]  loan pursuant to section one hundred seventy-one-e of
this article.
  S 40. Paragraph 6 of subsection (b) of section 651 of the tax law,  as
amended  by  section  9  of part R of chapter 60 of the laws of 2004, is
amended to read as follows:
  (6) If a joint return has been made under this subsection for a  taxa-
ble  year and only one spouse is liable for past-due support, or a past-
due legally enforceable debt, or a city of New York tax warrant judgment
debt, or an amount of a default in repayment of  a  guaranteed  student,
state  university [or city university] loan of which the commissioner of
taxation and finance has been notified pursuant to section  one  hundred
seventy-one-c, one hundred seventy-one-d, one hundred seventy-one-e, one
hundred  seventy-one-f, or one hundred seventy-one-l of this chapter, as
the case may be, then an overpayment and interest thereon shall be cred-
ited against such past-due support, or a  past-due  legally  enforceable
debt, or a city of New York tax warrant judgment debt, or such amount of
a  default  in  repayment of a guaranteed student[,] OR state university
[or city university] loan, unless the spouse not liable for  such  past-
due  support,  or  a past-due legally enforceable debt, or a city of New
York tax warrant judgment debt, or such amount of a default in repayment
of a guaranteed student[,] OR state university [or city university] loan
demands  on  a  declaration  made  in  accordance  with  regulations  or
instructions  prescribed  by  the  commissioner of taxation and finance,
that the portion of the overpayment and interest  attributable  to  such
spouse  not  be  credited  against  the  past-due support, or a past-due

S. 6862                            17

legally enforceable debt, or a city of New  York  tax  warrant  judgment
debt,  or amount of a default in repayment of a guaranteed student[,] OR
state university [or city university] loan owed  by  the  other  spouse.
Such  demand  may  be filed (A) with the return of the spouse not liable
for past-due support, or a past-due legally enforceable debt, or a  city
of  New  York  tax  warrant  judgment debt, or default in repayment of a
guaranteed student[,] OR state university[, or city university] loan  or
(B)  with the commissioner of taxation and finance within ten days after
notification is provided such spouse by the commissioner of taxation and
finance pursuant to subdivision seven of section  one  hundred  seventy-
one-c, subdivision six of section one hundred seventy-one-d, subdivision
seven of section one hundred seventy-one-e, subdivision seven of section
one  hundred  seventy-one-f  or  subdivision  six of section one hundred
seventy-one-l of this chapter. Upon  such  demand  the  commissioner  of
taxation  and  finance  shall  determine  the  amount of the overpayment
attributable to each spouse in accordance with regulations prescribed by
the commissioner of taxation and finance and credit only that portion of
the overpayment and interest thereon attributable to the  spouse  liable
for  past-due support, or a past-due legally enforceable debt, or a city
of New York tax warrant judgment debt, or amount of a default in  repay-
ment of a guaranteed student[,] OR state university [or city university]
loan  against  such  past-due support, or a past-due legally enforceable
debt, or a city of New York tax warrant judgment debt, or such amount of
a default in repayment of a guaranteed student[,]  OR  state  university
[or city university] loan.
  S  41.  Subsection  (a)  of  section 686 of the tax law, as amended by
section 10 of part C of chapter 25 of the laws of 2009,  is  amended  to
read as follows:
  (a)  General.--  The  commissioner of taxation and finance, within the
applicable period of limitations, may credit an  overpayment  of  income
tax and interest on such overpayment against any liability in respect of
any  tax  imposed by this chapter, including taxes imposed under article
twenty-three of this chapter, on the person who  made  the  overpayment,
against  any  liability  in  respect  of any tax imposed pursuant to the
authority of this chapter or any other law on such person if such tax is
administered by  the  commissioner  of  taxation  and  finance  and,  as
provided   in   sections   one   hundred   seventy-one-c,   one  hundred
seventy-one-d, one hundred seventy-one-e, one hundred seventy-one-f  and
one  hundred  seventy-one-l of this chapter, against past-due support, a
past-due legally enforceable debt, a city of New York tax warrant  judg-
ment debt, and against the amount of a default in repayment of a guaran-
teed  student[,]  OR  state  university  [or  city university] loan. The
balance shall be refunded by the comptroller out of the proceeds of  the
tax  retained  by  him  for  such general purpose. Any refund under this
section shall be made only upon the  filing  of  a  return  and  upon  a
certificate  of  the commissioner approved by the comptroller. The comp-
troller, as a condition precedent to the approval of such a certificate,
may examine into the facts as disclosed by the return of the person  who
made  the  overpayment  and  other information and data available in the
files of the commissioner.
  S 42. Paragraph 3 of subsection (e) of section 697 of the tax law,  as
amended  by  chapter  206  of  the  laws  of 2011, is amended to read as
follows:
  (3) Nothing herein shall be construed to prohibit the department,  its
officers  or  employees  from  furnishing  information  to the office of
temporary and disability assistance relating to the payment of the cred-

S. 6862                            18

it for certain household and dependent care services necessary for gain-
ful employment under subsection (c) of section six hundred six  of  this
article and the earned income credit under subsection (d) of section six
hundred  six of this article and the enhanced earned income credit under
subsection (d-1) of section six hundred six of this article, or pursuant
to a local law enacted by a city having a population of one  million  or
more  pursuant to subsection (f) of section thirteen hundred ten of this
chapter, only to the  extent  necessary  to  calculate  qualified  state
expenditures  under  paragraph  seven of subdivision (a) of section four
hundred nine of the federal social security act or to document the prop-
er expenditure of federal temporary assistance for needy families  funds
under  section  four  hundred three of such act. The office of temporary
and disability assistance may redisclose such information to the  United
States department of health and human services only to the extent neces-
sary  to  calculate such qualified state expenditures or to document the
proper expenditure of such federal temporary assistance for needy  fami-
lies  funds.  Nothing herein shall be construed to prohibit the delivery
by the commissioner to a commissioner of jurors, appointed  pursuant  to
section  five  hundred four of the judiciary law, or, in counties within
cities having a population of one million or more, to the  county  clerk
of  such  county,  of  a  mailing list of individuals to whom income tax
forms are mailed by the commissioner for the sole purpose of compiling a
list of prospective jurors as provided in article sixteen of the judici-
ary law. Provided, however, such delivery shall only be made pursuant to
an order of the chief administrator of the courts, appointed pursuant to
section two hundred ten of the judiciary  law.  No  such  order  may  be
issued  unless  such  chief administrator is satisfied that such mailing
list is needed to compile a proper list of prospective  jurors  for  the
county for which such order is sought and that, in view of the responsi-
bilities  imposed by the various laws of the state on the department, it
is reasonable to require the commissioner to  furnish  such  list.  Such
order shall provide that such list shall be used for the sole purpose of
compiling  a  list  of  prospective jurors and that such commissioner of
jurors, or such county clerk, shall take all necessary steps  to  insure
that the list is kept confidential and that there is no unauthorized use
or  disclosure  of  such  list.  Furthermore,  nothing  herein  shall be
construed to prohibit the delivery to a taxpayer  or  his  or  her  duly
authorized  representative  of  a certified copy of any return or report
filed in connection with his or her tax or to prohibit  the  publication
of  statistics so classified as to prevent the identification of partic-
ular reports or returns and the items thereof, or the inspection by  the
attorney  general  or  other  legal  representatives of the state of the
report or return of any taxpayer or of any employer filed under  section
one  hundred  seventy-one-h  of  this  chapter,  where  such taxpayer or
employer shall bring action to set aside or review the tax based  there-
on,  or against whom an action or proceeding under this chapter or under
this chapter and article eighteen of the labor law has been  recommended
by the commissioner, the commissioner of labor with respect to unemploy-
ment  insurance matters, or the attorney general or has been instituted,
or the inspection of the reports or returns required under this  article
by  the  comptroller or duly designated officer or employee of the state
department of audit and control, for purposes of the audit of  a  refund
of  any  tax paid by a taxpayer under this article, or the furnishing to
the state department of  labor  of  unemployment  insurance  information
obtained  or derived from quarterly combined withholding, wage reporting
and unemployment insurance returns required to  be  filed  by  employers

S. 6862                            19

pursuant  to  paragraph  four  of  subsection (a) of section six hundred
seventy-four of this article, for purposes  of  administration  of  such
department's   unemployment   insurance   program,  employment  services
program,  federal and state employment and training programs, employment
statistics and labor  market  information  programs,  worker  protection
programs,  federal  programs for which the department has administrative
responsibility or for other purposes deemed appropriate by  the  commis-
sioner  of  labor  consistent  with the provisions of the labor law, and
redisclosure of such information in accordance with  the  provisions  of
sections  five  hundred  thirty-six and five hundred thirty-seven of the
labor law or any other applicable law, or the furnishing  to  the  state
office of temporary and disability assistance of information obtained or
derived  from New York state personal income tax returns as described in
paragraph (b) of subdivision two of section one hundred seventy-one-g of
this chapter for the purpose of reviewing support orders enforced pursu-
ant to title six-A of article three of the social services law to aid in
the determination of whether such orders  should  be  adjusted,  or  the
furnishing  of  information  obtained  from  the  reports required to be
submitted by employers  regarding  newly  hired  or  re-hired  employees
pursuant  to  section  one  hundred seventy-one-h of this chapter to the
state office of temporary and disability assistance, the  state  depart-
ment  of  health, the state department of labor and the workers' compen-
sation board  for  purposes  of  administration  of  the  child  support
enforcement program, verification of individuals' eligibility for one or
more  of  the  programs  specified  in  subsection (b) of section eleven
hundred thirty-seven of the federal social security act  and  for  other
public  assistance  programs authorized by state law, and administration
of the state's employment security and workers'  compensation  programs,
and  to  the  national  directory  of  new hires established pursuant to
section four hundred fifty-three-A of the federal  social  security  act
for  the  purposes  specified  in such section, or the furnishing to the
state office of temporary and disability assistance of the amount of  an
overpayment  of  income  tax and interest thereon certified to the comp-
troller to be credited against past-due support pursuant to section  one
hundred seventy-one-c of this chapter and of the name and social securi-
ty  number  of the taxpayer who made such overpayment, or the disclosing
to the commissioner of finance of the city  of  New  York,  pursuant  to
section  one  hundred seventy-one-l of this chapter, of the amount of an
overpayment and interest thereon certified  to  the  comptroller  to  be
credited against a city of New York tax warrant judgment debt and of the
name  and  social security number of the taxpayer who made such overpay-
ment, or the furnishing to the New York state higher education  services
corporation  of  the amount of an overpayment of income tax and interest
thereon certified to the comptroller to be credited against  the  amount
of  a  default  in repayment of any education loan debt, including judg-
ments, owed to the federal or New York state government  that  is  being
collected  by  the New York state higher education services corporation,
and of the name and social security number of the taxpayer who made such
overpayment, or the furnishing to the state department of health of  the
information required by paragraph (f) of subdivision two and subdivision
two-a  of  section two thousand five hundred eleven of the public health
law and by subdivision eight of section three  hundred  sixty-six-a  and
paragraphs  (b)  and  (d)  of  subdivision  two of section three hundred
sixty-nine-ee of the social services law, or the furnishing to the state
university of New York [or the city university of New York respectively]
or the attorney general on behalf of such state [or city] university the

S. 6862                            20

amount of an overpayment of income tax and interest thereon certified to
the comptroller to be credited against the amount of a default in repay-
ment of a state university loan pursuant to section one  hundred  seven-
ty-one-e  of  this chapter and of the name and social security number of
the taxpayer who made such overpayment, or the  disclosing  to  a  state
agency,  pursuant  to section one hundred seventy-one-f of this chapter,
of the amount of an overpayment and interest thereon  certified  to  the
comptroller  to  be credited against a past-due legally enforceable debt
owed to such agency and of the name and social security  number  of  the
taxpayer  who  made  such overpayment, or the furnishing of employee and
employer information obtained through the wage reporting system,  pursu-
ant  to  section  one hundred seventy-one-a of this chapter, as added by
chapter five hundred forty-five of the laws of nineteen  hundred  seven-
ty-eight,  to  the  state office of temporary and disability assistance,
the department of health or to the state office of the medicaid  inspec-
tor general for the purpose of verifying eligibility for and entitlement
to  amounts  of benefits under the social services law or similar law of
another jurisdiction, locating absent parents or other  persons  legally
responsible  for  the  support of applicants for or recipients of public
assistance and care under the social services law  and  persons  legally
responsible for the support of a recipient of services under section one
hundred  eleven-g  of the social services law and, in appropriate cases,
establishing support obligations pursuant to the social services law and
the family court act or similar provision of law of another jurisdiction
for the purpose of evaluating the effect on earnings of participation in
employment, training or other programs designed to promote self-suffici-
ency authorized pursuant to the social services law by  current  recipi-
ents  of public assistance and care and by former applicants and recipi-
ents of public assistance and care, (except that with regard  to  former
recipients,  information  which relates to a particular former recipient
shall be provided with client identifying data deleted),  to  the  state
office  of temporary and disability assistance for the purpose of deter-
mining the eligibility of any child in the custody, care and custody  or
custody  and  guardianship of a local social services district or of the
office of children and family services for federal payments  for  foster
care and adoption assistance pursuant to the provisions of title IV-E of
the federal social security act by providing information with respect to
the  parents,  the  stepparents, the child and the siblings of the child
who were living in the same household as such  child  during  the  month
that  the  court  proceedings  leading  to  the child's removal from the
household were initiated, or the written  instrument  transferring  care
and  custody  of  the  child pursuant to the provisions of section three
hundred fifty-eight-a or  three  hundred  eighty-four-a  of  the  social
services  law  was signed, provided however that the office of temporary
and disability assistance shall only use the information obtained pursu-
ant to this subdivision for the purpose of determining  the  eligibility
of  such child for federal payments for foster care and adoption assist-
ance pursuant to the provisions of title  IV-E  of  the  federal  social
security act, and to the state department of labor, or other individuals
designated by the commissioner of labor, for the purpose of the adminis-
tration  of such department's unemployment insurance program, employment
services program, federal and state employment  and  training  programs,
employment  statistics  and  labor  market  information programs, worker
protection programs, federal  programs  for  which  the  department  has
administrative  responsibility  or for other purposes deemed appropriate
by the commissioner of labor consistent with the provisions of the labor

S. 6862                            21

law, and  redisclosure  of  such  information  in  accordance  with  the
provisions  of sections five hundred thirty-six and five hundred thirty-
seven of the labor law, or  the  furnishing  of  information,  which  is
obtained from the wage reporting system operated pursuant to section one
hundred  seventy-one-a of this chapter, as added by chapter five hundred
forty-five of the laws of nineteen hundred seventy-eight, to  the  state
office  of  temporary  and  disability assistance so that it may furnish
such information to public agencies of other  jurisdictions  with  which
the state office of temporary and disability assistance has an agreement
pursuant  to paragraph (h) or (i) of subdivision three of section twenty
of the social services law, and to the state  office  of  temporary  and
disability  assistance  for  the  purpose  of fulfilling obligations and
responsibilities otherwise incumbent upon the state department of labor,
under section one hundred twenty-four of the federal family support  act
of  nineteen  hundred eighty-eight, by giving the federal parent locator
service, maintained by  the  federal  department  of  health  and  human
services,  prompt access to such information as required by such act, or
to the state department of health to verify eligibility under the  child
health  insurance plan pursuant to subdivisions two and two-a of section
two thousand five hundred eleven of the public  health  law,  to  verify
eligibility under the medical assistance and family health plus programs
pursuant  to  subdivision eight of section three hundred sixty-six-a and
paragraphs (b) and (d) of  subdivision  two  of  section  three  hundred
sixty-nine-ee  of the social services law, and to verify eligibility for
the program for elderly pharmaceutical insurance  coverage  under  title
three  of  article  two of the elder law, or to the office of vocational
and educational services for individuals with disabilities of the educa-
tion department, the commission for the blind and  visually  handicapped
and  any  other  state vocational rehabilitation agency, for purposes of
obtaining reimbursement from the federal social security  administration
for  expenditures made by such office, commission or agency on behalf of
disabled individuals who have achieved economic self-sufficiency  or  to
the  higher  education services corporation for the purpose of assisting
the corporation in default prevention and default collection  of  educa-
tion  loan  debt,  including  judgments, owed to the federal or New York
state government; provided, however,  that  such  information  shall  be
limited  to  the  names,  social  security numbers, home and/or business
addresses, and employer names of defaulted or  delinquent  student  loan
borrowers,  or  to  the  office of the state comptroller for purposes of
verifying the income of a retired  member  of  a  retirement  system  or
pension  plan administered by the state or any of its political subdivi-
sions who returns to public employment.
  Provided, however, that  with  respect  to  employee  information  the
office  of  temporary  and disability assistance shall only be furnished
with the names, social security account numbers and gross wages of those
employees who are (A) applicants for or recipients of benefits under the
social services law, or similar provision of law of another jurisdiction
(pursuant to an agreement under subdivision three of section  twenty  of
the social services law) or, (B) absent parents or other persons legally
responsible  for  the  support of applicants for or recipients of public
assistance and care under the social services law or  similar  provision
of  law of another jurisdiction (pursuant to an agreement under subdivi-
sion three of section twenty of the social services law), or (C) persons
legally responsible for the support of a  recipient  of  services  under
section  one  hundred  eleven-g  of  the  social services law or similar
provision of law of another jurisdiction (pursuant to an agreement under

S. 6862                            22

subdivision three of section twenty of the social services law), or  (D)
employees   about  whom  wage  reporting  system  information  is  being
furnished to public agencies of  other  jurisdictions,  with  which  the
state  office  of  temporary  and disability assistance has an agreement
pursuant to paragraph (h) or (i) of subdivision three of section  twenty
of  the  social services law, or (E) employees about whom wage reporting
system information is being furnished  to  the  federal  parent  locator
service,  maintained  by  the  federal  department  of  health and human
services, for the purpose of enabling the state office of temporary  and
disability assistance to fulfill obligations and responsibilities other-
wise  incumbent  upon  the  state department of labor, under section one
hundred twenty-four of  the  federal  family  support  act  of  nineteen
hundred eighty-eight, and, only if, the office of temporary and disabil-
ity  assistance certifies to the commissioner that such persons are such
applicants, recipients, absent parents or  persons  legally  responsible
for  support  or  persons about whom information has been requested by a
public agency of another jurisdiction or by the federal  parent  locator
service  and further certifies that in the case of information requested
under agreements with  other  jurisdictions  entered  into  pursuant  to
subdivision  three  of  section  twenty of the social services law, that
such request is in compliance with any applicable federal law. Provided,
further, that where the office of temporary  and  disability  assistance
requests  employee information for the purpose of evaluating the effects
on earnings of participation in employment, training or  other  programs
designed  to  promote self-sufficiency authorized pursuant to the social
services law, the office of temporary and  disability  assistance  shall
only  be  furnished with the quarterly gross wages (excluding any refer-
ence to the name, social security number or any other information  which
could  be  used  to  identify any employee or the name or identification
number of any employer) paid to employees who are former applicants  for
or  recipients of public assistance and care and who are so certified to
the commissioner by the commissioner of  the  office  of  temporary  and
disability  assistance. Provided, further, that with respect to employee
information, the department of health shall only be furnished  with  the
information  required  pursuant  to  the  provisions of paragraph (f) of
subdivision two and subdivision  two-a  of  section  two  thousand  five
hundred eleven of the public health law and subdivision eight of section
three  hundred sixty-six-a and paragraphs (b) and (d) of subdivision two
of section three hundred sixty-nine-ee of the social services law,  with
respect  to  those  individuals whose eligibility under the child health
insurance plan, medical  assistance  program,  and  family  health  plus
program is to be determined pursuant to such provisions and with respect
to those members of any such individual's household whose income affects
such  individual's  eligibility  and who are so certified to the commis-
sioner or by the department of  health.  Provided,  further,  that  wage
reporting information shall be furnished to the office of vocational and
educational  services for individuals with disabilities of the education
department, the commission for the blind and  visually  handicapped  and
any  other  state  vocational rehabilitation agency only if such office,
commission or agency, as applicable, certifies to the commissioner  that
such  information  is necessary to obtain reimbursement from the federal
social security administration for expenditures made on behalf of  disa-
bled individuals who have achieved self-sufficiency. Reports and returns
shall be preserved for three years and thereafter until the commissioner
orders them to be destroyed.

S. 6862                            23

  S 43. Paragraph 5 of subsection (b) of section 1306 of the tax law, as
amended  by  chapter  333  of  the  laws  of 1987, is amended to read as
follows:
  (5)  If  a joint return has been made under this subsection for a tax-
able year and only one spouse is  liable  for  past-due  support  or  an
amount  of  a  default  in repayment of a guaranteed student[,] OR state
university [or city university] loan of which the state  tax  commission
has  been  notified  pursuant  to section one hundred seventy-one-c, one
hundred seventy-one-d or one hundred seventy-one-e of this  chapter,  as
the case may be, then an overpayment and interest thereon shall be cred-
ited against such past-due support or such amount of a default in repay-
ment of a guaranteed student[,] OR state university [or city university]
loan,  unless  the  spouse  not liable for such past-due support or such
amount of a default in repayment of a  guaranteed  student[,]  OR  state
university  [or  city university] loan demands, on a declaration made in
accordance with regulations or instructions prescribed by the state  tax
commission,  that  the portion of the overpayment and interest attribut-
able to such spouse not be credited  against  the  past-due  support  or
amount  of  a  default  in repayment of a guaranteed student[,] OR state
university [or city university] loan owed by the other spouse. Upon such
demand, the state tax commission shall determine the amount of the over-
payment attributable to  each  spouse  in  accordance  with  regulations
prescribed  by  the state tax commission and credit only that portion of
the overpayment and interest thereon attributable to the  spouse  liable
for past-due support or amount of a default in repayment of a guaranteed
student[,]  OR  state  university [or city university] loan against such
past-due support or such amount of a default in repayment of  a  guaran-
teed student[,] OR state university [or city university] loan.
  S  44. Paragraphs 3 and 6 of subsection (c) of section 1313 of the tax
law, as amended by section 8 of part C of chapter  58  of  the  laws  of
2005, are amended to read as follows:
  (3) pay to the state university of New York [or the city university of
New  York respectively] that amount of overpayments of the taxes imposed
pursuant to the authority of this article or former article two-E of the
general city law and the interest on such amount which is  certified  to
the comptroller by the commissioner as the amount to be credited against
the  amount of defaults in repayment of state [or city] university loans
pursuant to subdivision six of section one hundred seventy-one-e of this
chapter;
  (6) pay to a non-obligated spouse that amount of  overpayment  of  tax
imposed  pursuant  to  the  authority  of this article or former article
two-E of the general city law and the interest on such amount which  has
been credited pursuant to section one hundred seventy-one-c, one hundred
seventy-one-d,  one  hundred seventy-one-e, one hundred seventy-one-f or
one hundred seventy-one-l of this chapter and which is certified to  the
comptroller  by  the  commissioner  as the amount due such non-obligated
spouse pursuant to paragraph  six  of  subsection  (b)  of  section  six
hundred  fifty-one  of  this chapter, and the comptroller shall deduct a
like amount which, the comptroller shall pay into the  treasury  to  the
credit  of  the  general  fund, from amounts subsequently payable to the
office of temporary and disability assistance, the state  university  of
New  York,  [the  city  university  of  New  York,] the higher education
services corporation, or the revenue arrearage account or special offset
fiduciary account pursuant to section ninety-one-a  or  ninety-one-c  of
the  state  finance law, as the case may be, whichever had been credited
the amount originally withheld from such overpayment.

S. 6862                            24

  S 45. Paragraph 5 of subsection (b) of section 1326 of the tax law, as
amended by section 16 of part R of chapter 60 of the laws  of  2004,  is
amended to read as follows:
  (5)  If a joint return has been made pursuant to this subsection for a
taxable year and only one spouse is liable for past-due  support,  or  a
past-due  legally  enforceable  debt,  or a city of New York tax warrant
judgment debt, or an amount of a default in repayment  of  a  guaranteed
student[,]  OR  state  university [or city university] loan of which the
commissioner of taxation and  finance  has  been  notified  pursuant  to
section  one  hundred  seventy-one-c,  one  hundred  seventy-one-d,  one
hundred seventy-one-e, one hundred seventy-one-f or one  hundred  seven-
ty-one-l  of  this  chapter, as the case may be, then an overpayment and
interest thereon shall be credited against such past-due support,  or  a
past-due  legally  enforceable  debt,  or a city of New York tax warrant
judgment debt, or such amount of a default in repayment of a  guaranteed
student[,]  OR  state  university  [or city university] loan, unless the
spouse not liable for such  past-due  support,  or  a  past-due  legally
enforceable  debt,  or  a city of New York tax warrant judgment debt, or
such amount of a default in repayment  of  a  guaranteed  student[,]  OR
state  university  [or  city  university] loan demands, on a declaration
made in accordance with regulations or instructions  prescribed  by  the
commissioner  of  taxation and finance, that the portion of the overpay-
ment and interest attributable to such spouse not  be  credited  against
the  past-due support, or a past-due legally enforceable debt, or a city
of New York tax warrant judgment debt, or amount of a default in  repay-
ment of a guaranteed student[,] OR state university [or city university]
loan  owed  by  the  other  spouse. Upon such demand the commissioner of
taxation and finance shall  determine  the  amount  of  the  overpayment
attributable to each spouse in accordance with regulations prescribed by
the commissioner of taxation and finance and credit only that portion of
the  overpayment  and interest thereon attributable to the spouse liable
for past-due support, or a past-due legally enforceable debt, or a  city
of  New York tax warrant judgment debt, or amount of a default in repay-
ment of a guaranteed student[,] OR state university [or city university]
loan against such past-due support, or a  past-due  legally  enforceable
debt, or a city of New York tax warrant judgment debt, or such amount of
a  default  in  repayment of a guaranteed student[,] OR state university
[or city university] loan.
  S 46. Section 1333 of the tax law, as amended by section 17 of part  R
of chapter 60 of the laws of 2004, is amended to read as follows:
  S  1333. Deposit and disposition of revenues. All revenue collected by
the commissioner of taxation and finance from the  tax  imposed  by  any
city  pursuant  to  the authority of this article or article thirty-B of
this chapter shall be deposited daily with such responsible banks, bank-
ing houses or trust companies, as may be designated by the  state  comp-
troller, to the credit of the comptroller, in trust for such city.  Such
deposits  shall  be  kept in trust and separate and apart from all other
moneys in the possession  of  the  comptroller.  The  comptroller  shall
require  adequate  security  from  all such depositories of such revenue
collected by the commissioner of taxation and finance.  The  comptroller
shall  retain  in  his hands such amount as the commissioner of taxation
and finance may determine to be necessary for refunds in respect to  the
tax  imposed  by  such city pursuant to the authority of this article or
article thirty-B of this chapter and for reasonable costs of the commis-
sioner of taxation and finance in administering, collecting and distrib-
uting such taxes, out of which the comptroller shall pay any refunds  of

S. 6862                            25

such taxes to which the taxpayer shall be entitled under any law enacted
by  such city pursuant to the authority of this article or article thir-
ty-B of this chapter. The comptroller, after reserving such refund  fund
and  such  cost shall, on or before the fifteenth day of each month, pay
to the chief fiscal officer of such  city  the  balance  of  such  taxes
collected,  to  be  paid into the treasury of such city to the credit of
the general fund except that he shall pay to  the  state  department  of
social  services  that amount of overpayments of the tax imposed by such
city pursuant to the authority of this article or  article  thirty-B  of
this  chapter  and the interest on such amount which is certified to him
by the commissioner of taxation and finance as the amount to be credited
against past-due support pursuant to  subdivision  six  of  section  one
hundred  seventy-one-c  of  this chapter and except that he shall pay to
the New York state higher education services corporation that amount  of
overpayments  of  the tax imposed by such city pursuant to the authority
of this article or article thirty-B of this chapter and the interest  on
such  amount  which  is certified to him by the commissioner of taxation
and finance as the amount to be credited against the amount of  defaults
in repayment of guaranteed student loans pursuant to subdivision five of
section  one  hundred  seventy-one-d  of this chapter and except that he
shall pay to the state university of New York [or the city university of
New York respectively] that amount of overpayments of the tax imposed by
such city pursuant to the authority of this article or article  thirty-B
of  this  chapter  and the interest on such amount which is certified to
him by the commissioner of taxation and finance  as  the  amount  to  be
credited  against  the amount of defaults in repayment of state [or city
university] loans pursuant to subdivision six  of  section  one  hundred
seventy-one-e of this chapter and except that, notwithstanding any other
provision  of  law,  he  shall  credit to the revenue arrearage account,
pursuant to section ninety-one-a of the state finance law,  that  amount
of  overpayments  of the taxes imposed pursuant to the authority of this
article or article thirty-B of this chapter and  the  interest  on  such
amount  which  is  certified  to him by the commissioner of taxation and
finance as the amount to be credited against a past-due legally enforce-
able debt owed to a state agency pursuant to paragraph (a)  of  subdivi-
sion six of section one hundred seventy-one-f of this chapter, provided,
however, he shall credit to the special offset fiduciary account, pursu-
ant  to  section  ninety-one-c of the state finance law, any such amount
creditable as a liability as set forth in paragraph (b)  of  subdivision
six of section one hundred seventy-one-f of this chapter and except that
he  shall pay to the city of New York that amount of overpayments of tax
imposed pursuant to the authority of this article or article thirty-B of
this chapter and the interest on such amount which is certified  to  him
by the commissioner of taxation and finance as the amount to be credited
against  city  of New York tax warrant judgment debt pursuant to section
one hundred seventy-one-l of  this  chapter,  and  except  further  that
he/she shall pay to a non-obligated spouse that amount of overpayment of
tax  imposed  by  such city pursuant to the authority of this article or
article thirty-B of this chapter and the interest on such  amount  which
has  been  credited  pursuant  to section one hundred seventy-one-c, one
hundred seventy-one-d, one hundred seventy-one-e, one  hundred  seventy-
one-f  or  one hundred seventy-one-l of this chapter and which is certi-
fied to him by the commissioner of taxation and finance  as  the  amount
due  such  non-obligated  spouse pursuant to paragraph six of subsection
(b) of section six hundred fifty-one  of  this  chapter,  and  he  shall
deduct  a like amount which he shall pay into the treasury to the credit

S. 6862                            26

of the general fund from amounts subsequently payable to the  department
of  social services, the state university of New York, [the city univer-
sity of New York,] or the higher education services  corporation  or  to
the revenue arrearage account or special offset fiduciary account pursu-
ant to section ninety-one-a or ninety-one-c of the state finance law, as
the case may be, whichever had been credited the amount originally with-
held  from  such  overpayment.  The  amount  deducted for administering,
collecting and distributing such taxes during such monthly period  shall
be  paid  by the comptroller into the general fund of the state treasury
to the credit of the state purposes account therein. The  first  payment
to such chief fiscal officer shall be made on or before March fifteenth,
nineteen  hundred eighty-five, which payment shall represent the balance
of revenue after provision for refund and such  reasonable  costs,  with
respect  to  taxes collected in nineteen hundred eighty-four. Subsequent
payments shall be made on or before April  fifteenth,  nineteen  hundred
eighty-five, and on or before the fifteenth day of each succeeding month
thereafter,  and  shall represent the balance of revenue with respect to
taxes collected the preceding calendar months. The  amounts  so  payable
shall  be  certified  to the comptroller by the commissioner of taxation
and finance or his delegate, either of whom shall not be held liable for
any inaccuracy in such certificate. Where the amount  so  paid  over  to
such  chief fiscal officer is more or less than the amount then due such
city, the amount of overpayment or underpayment shall  be  certified  to
the comptroller by the commissioner of taxation and finance or his dele-
gate, either of whom shall not be held liable for any inaccuracy in such
certificate.  The  amount  of  overpayment  or  underpayment shall be so
certified to the comptroller as soon after the discovery of the overpay-
ment or underpayment as reasonably possible and subsequent  payments  by
the  comptroller  to  such  chief  fiscal  officer  shall be adjusted by
subtracting the amount of any such overpayment from, or  by  adding  the
amount  of  any  such underpayment to such number of subsequent payments
and distributions as the comptroller and the  commissioner  of  taxation
and finance shall consider reasonable in view of the amount of the over-
payment or underpayment and all other facts and circumstances.
  S  47.  Subdivision  6  of  section  42  of the labor law, as added by
section 6 of part E of chapter 389 of the laws of 1997,  is  amended  to
read as follows:
  6.  Notwithstanding  any  other provisions of law to the contrary, the
educational opportunity centers (hereinafter referred to as EOCs)  oper-
ated  by  the  state university [and educational centers operated by the
units of the city university of  New  York]  are  hereby  authorized  to
contract  with employment and training providers funded pursuant to this
section for provision of services authorized under this section  and  to
receive  reimbursement  for  services  provided. For the purpose of this
program, all participants eligible for services pursuant to this section
shall be deemed to be eligible for services provided by the EOCs.
  S 48. The section heading and subdivision 1 of section  213-a  of  the
labor  law, as amended by chapter 562 of the laws of 2003, is amended to
read as follows:
  Special provisions regarding  the  purchasing  of  apparel  or  sports
equipment  by  the state university of New York [and the city university
of New York].
  1. Notwithstanding any other provision of law, the  various  units  of
the  state university of New York[, the city university of New York] and
community colleges shall have the authority to:

S. 6862                            27

  S 49. The opening paragraph of subdivision 10 of section  590  of  the
labor  law, as amended by chapter 734 of the laws of 2004, is amended to
read as follows:
  Benefits  based  on  professional  employment  with educational insti-
tutions, including the state university of New York[, the city universi-
ty of New York] and any public community colleges.  If  a  claimant  was
employed  in  an  instructional,  research,  or principal administrative
capacity by an institution of education, including the state  university
of  New York[, the city university of New York] and any public community
colleges, or performed services in such an institution in such  capacity
while  employed  by  an  educational service agency, the following shall
apply to any week commencing during the period  between  two  successive
academic  years or terms, or during a similar period between two regular
but not successive terms when the contract  provides  therefor  instead,
provided  the  claimant has a contract to perform, or there is a reason-
able assurance that the claimant will perform, services in such capacity
for any such institution or institutions for both of such academic years
or such terms, and to any week  commencing  during  an  established  and
customary  vacation  period or holiday recess, not between such academic
terms or years, provided the claimant performed services for such insti-
tution immediately before such vacation period  or  holiday  recess  and
there  is  a  reasonable  assurance  that  the claimant will perform any
services described in this subdivision or  subdivision  eleven  of  this
section  in  the  period  immediately  following such vacation period or
holiday recess:
  S 50. Subdivision 7 of section 819 of the labor  law,  as  amended  by
chapter 319 of the laws of 2004, is amended to read as follows:
  7. Notwithstanding subdivision six of this section, any entity with an
approved  apprenticeship program as defined in this section shall not be
liable to pay the fees provided for in this section if  such  entity  is
the  state  university of New York[, the city university of New York], a
community college or board of cooperative educational services as  those
terms are defined in the education law.
  S  51.  Section  836  of the labor law, as added by chapter 231 of the
laws of 1989, is amended to read as follows:
  S 836. Administration. Except as is  otherwise  provided  herein,  the
administration  of the worker adjustment program shall be carried out by
the department in consultation with the department of economic  develop-
ment,  state  education  department, state university of New York, [city
university of New York,] and the state job training  coordinating  coun-
cil,  hereinafter  referred  to as the "council", in a manner consistent
with the federal Economic Dislocation and Worker  Adjustment  Assistance
Act (P.L. 100-418), hereinafter referred to as "the act".
  S  52. Paragraph c of subdivision 5 of section 18-b of the transporta-
tion law, as added by chapter 56 of the laws of 1975, is amended to read
as follows:
  c. In the event that a county or municipality shall fail to make to  a
public  transportation system any of the payments required to be made by
it under this section, the chief executive officer of the public  trans-
portation  system  or such other person as the commissioner shall desig-
nate shall certify to the state comptroller such amount  due  and  owing
such  public transportation system and the state comptroller shall with-
hold an equivalent amount from state aid allocated  to  such  county  or
municipality  from highway aid, the motor fuel tax and the motor vehicle
registration fee distributed pursuant to section one hundred  twelve  of
the  highway  law,  or  per  capita local assistance pursuant to section

S. 6862                            28

fifty-four of the state finance law subject  to  the  following  limita-
tions:  prior  to  withholding amounts allocated to carry such county or
municipality, the comptroller shall pay in full any amount due the state
of New York municipal bond bank agency, on account of any such county or
municipality's   obligation   to   such  agency;  [the  city  university
construction fund, pursuant to the provisions  of  the  city  university
construction  fund  act;]  the  New York city housing development corpo-
ration, pursuant to the provisions of the New York city housing develop-
ment corporation act (article twelve  of  the  private  housing  finance
law);  and  the transit construction fund, pursuant to the provisions of
article five[,] OF title nine-a of the  public  authorities  law.    The
comptroller  shall  give  the director of the budget notification of any
such payment. Such amount or amounts so  withheld  by  the  state  comp-
troller shall be paid to such public transportation system, which system
shall  use such amount or amounts for the payment of the county or muni-
cipality share of its operating expenses. When such  amount  or  amounts
are  received by such public transportation system, it shall credit such
amounts against any amounts due and owing such system by the  county  or
municipality on whose account such amount was withheld and paid.
  S 53. Subdivision 1 of section 141 of the economic development law, as
added by chapter 564 of the laws of 1988, is amended to read as follows:
  1. "Agency"  shall mean any agency, department, board, bureau, commis-
sion a majority of whose members are appointed by  the  governor,  divi-
sion,  office, council, committee, or officer of the state, or the state
university of New York [or the city university  of  New  York],  or  any
public  benefit  corporation  or  public  authority, a majority of whose
members are appointed by the governor. Such term shall not  include  the
legislature.
  S  54.  Paragraph  (b) of subdivision 2 of section 142 of the economic
development law, as amended by chapter 137  of  the  laws  of  2008,  is
amended to read as follows:
  (b)  for  procurement  contracts in excess of ten thousand dollars and
less than twenty thousand dollars to be awarded by the state  university
of  New York [or the city university of New York], (i) a quarterly list-
ing of projected procurement purchases by commodity for each institution
of the state university of New York  [or  the  city  university  of  New
York];  (ii)  an explanation of how to apply for placement on any bidder
lists maintained by the state  university  of  New  York  [or  the  city
university  of  New  York];  and  (iii)  a description of procedures for
providing advance notification by mail to individuals or business  enti-
ties  on  such  bidder lists of any request for proposals, in accordance
with rules and regulations promulgated by the state university  [or  the
city university]; and
  S  55.  Paragraph  (d) of subdivision 1 of section 144 of the economic
development law, as amended by chapter 862  of  the  laws  of  1990,  is
amended to read as follows:
  (d)  Procurement contracts in an amount less than ten thousand dollars
awarded by the state university of New York [or the city  university  of
New York]; and
  S 56. Subdivision 6 of section 200 of the economic development law, as
amended  by  chapter  435  of  the  laws  of 1990, is amended to read as
follows:
  6. "Interagency review committee" shall mean a  committee  chaired  by
the commissioner and consisting of representatives from the state educa-
tion  department,  the  department  of  labor,  the department of social
services, the state university[, the city university] and the state  job

S. 6862                            29

training  partnership  council.  Such other state agencies, authorities,
boards or commissions shall be consulted as the commissioner shall  deem
appropriate.
  S  57.  Paragraphs  (a) and (b) of subdivision 2 of section 201 of the
economic development law, paragraph (a) as added by chapter 839  of  the
laws  of 1987 and paragraph (b) as amended by chapter 435 of the laws of
1990, are amended to read as follows:
  (a) coordinate with the department of  education,  the  department  of
labor,  the  state  university  of  New  York[, the city university] and
service delivery areas as established pursuant to the federal job train-
ing partnership act (P.L. 97-300) in order to carry out the purposes  of
this  article  and to complement and leverage related training resources
consistent with the purposes described herein;
  (b) upon the  recommendation  of  the  interagency  review  committee,
execute  and  monitor  grants and contracts to carry out the purposes of
this article or authorize grants and contracts to be executed and  moni-
tored  by  the department of labor for projects which provide on-the-job
training reimbursements to businesses as described in this  article  and
for such labor exchange and other related services as are agreed upon by
the  agencies,  by  the  state  education  department for projects which
provide classroom based training  which  will  be  delivered  by  school
districts,  boards  of  cooperative  educational  services  and  private
degree-granting institutions  of  higher  education  and  by  the  state
university [or the city university] for projects which provide classroom
based  training  which will be delivered by community colleges, agricul-
tural and technical colleges, and public degree-granting institutions of
higher education or authorize  such  other  arrangements  as,  upon  the
recommendation  of  the  interagency  review committee, the commissioner
determines will advance the purposes of this program;
  S 58. Subdivision 1 of section 220 of the economic development law, as
amended by chapter 291 of the laws of 1990, and as  further  amended  by
section  104  of part A of chapter 62 of the laws of 2011, is amended to
read as follows:
  1. To coordinate the international economic activities  of  the  state
including  any  international  economic  activities of the department of
agriculture and markets,  the  department  of  financial  services,  the
department  of  financial  services, the education department, the state
university of New York[, the city university of New York], the New  York
state science and technology foundation, the New York state urban devel-
opment  corporation,  the  New York state job development authority, the
port authority of New York and New Jersey,  and  other  New  York  state
agencies.
  S 59. Subdivision 4 of section 241 of the economic development law, as
added by chapter 839 of the laws of 1987, is amended to read as follows:
  4.  The  advisory council shall consist of the commissioner, who shall
serve as chair, the commissioner  of  labor,  and  the  commissioner  of
education,  or  their  designees,  one  representative designated by the
temporary president of the senate and one representative  designated  by
the  speaker  of the assembly and eight members appointed by the commis-
sioner, who shall have an expertise in economic  analysis,  planning  or
data  collection,  maintenance  and distribution, [one] TWO representing
the state university of New York, [one representing the city  university
of  New York,] one representing independent universities, one represent-
ing the state association of regional planning and development organiza-
tions, one representative of local government interests,  one  represen-
tative  of  business and industry interests, one representative of labor

S. 6862                            30

interests, and one representative of private economic research and fore-
casting entities. The members shall receive no  compensation  for  their
services  but shall be allowed actual and necessary expenses incurred in
the performance of their duties.
  S  60.  Subparagraph  8  of paragraph (b) of subdivision 17 of section
1005 of the public authorities law, as added by chapter 477 of the  laws
of  2009 and as renumbered by section 16 of part CC of chapter 60 of the
laws of 2011, is amended to read as follows:
  (8) "Public university" means [the city university of New York includ-
ing] any senior college or  community  college  as  defined  in  section
sixty-two  hundred two of the education law, and the state university of
New York including four-year colleges established  pursuant  to  section
sixty-three hundred seven of the education law and community colleges as
defined in section sixty-three hundred one of the education law.
  S 61. Subdivision (b) of section 1225-i of the public authorities law,
as  added  by  chapter  576  of  the laws of 1972, is amended to read as
follows:
  (b) In the event of the failure of the city to pay to the fund, on  or
before  such fifteenth day of September, all or part of such amount, the
fund or its designate shall forthwith make  and  deliver  to  the  comp-
troller  of  the state a certificate stating such amount and the sum, if
any, paid by the city to the  fund  with  respect  to  such  amount  and
further  stating  the  difference between such amount and such sum, and,
after the state comptroller shall have promptly given written notice  to
the  budget  director,  such difference shall be paid to the fund or its
designate whichever makes and delivers such  certificate  by  the  state
comptroller  out  of any succeeding payments of state aid apportioned to
the city as per capita aid for the support of local government  pursuant
to  section  fifty-four  of  the  state finance law or such other aid or
assistance payable by the state to the city and not otherwise  allocated
as  shall  supersede  or supplement such state per capita aid, including
federal moneys apportioned to the city by the  state;  except,  however,
that  prior  to  any  deductions  from  any  such aid or assistance, the
moneys, if any, then payable to [the city university  construction  fund
pursuant  to the provisions of the city university construction fund act
or to] the New York city housing development corporation pursuant to the
New York city housing development corporation  act  or  to  the  transit
authority  pursuant  to  chapter  seven  of the laws of nineteen hundred
seventy-two shall be paid in full to such fund, corporation or  authori-
ty.
  S  62.  The third undesignated paragraph of section 1277 of the public
authorities law, as amended by chapter 161  of  the  laws  of  2000,  is
amended to read as follows:
  In  the  event that a city or county shall fail to make payment to the
authority for station maintenance as required pursuant to this  section,
or  any  part  thereof,  the chief executive officer of the authority or
such other person as the chairman shall designate shall certify  to  the
state  comptroller  the amount due and owing the authority at the end of
the state fiscal year and the state comptroller shall withhold an equiv-
alent amount from the next succeeding state aid allocated to such county
or city from the motor fuel tax and the motor vehicle  registration  fee
distributed pursuant to former section one hundred twelve of the highway
law,  or  amounts  distributed  pursuant to section ten-c of the highway
law, or per capita local assistance pursuant to  section  fifty-four  of
the  state  finance  law  subject to the following limitations: prior to
withholding amounts due the authority from  such  county  or  city,  the

S. 6862                            31

comptroller  shall  pay  in  full  any  amount due the state of New York
municipal bond bank agency, on account of any such  county's  or  city's
obligation to such agency; [the city university construction fund pursu-
ant to the provisions of the city university construction fund act;] the
New   York   city  housing  development  corporation,  pursuant  to  the
provisions of the New York  city  housing  development  corporation  act
(article  twelve  of  the  private housing finance law); and the transit
construction fund pursuant to the provisions of title nine-A of  article
five  of  this  chapter.  The comptroller shall give the director of the
budget notification of any such payment. Such amount or amounts so with-
held by the comptroller shall be paid to the authority and the authority
shall use such amount for the repayment of  the  state  advances  hereby
authorized.  When  such amount or amounts are received by the authority,
it shall credit such amounts against any amounts due and  owing  by  the
city or county on whose account such amount was withheld and paid.
  S  63.  Subdivision 8 of section 1676 of the public authorities law is
REPEALED.
  S 64. Section 1676-a of the public authorities law, as added by  chap-
ter 769 of the laws of 1978, is amended to read as follows:
  S  1676-a.  Payment on authority public work projects. Notwithstanding
the provisions of any other law  to  the  contrary,  all  contracts  for
public  work  awarded  by the dormitory authority pursuant to this title
shall be in accordance with section one  hundred  thirty-nine-f  of  the
state  finance law. For the purposes of this section, public work by the
dormitory authority shall include but not be limited to the construction
of dormitories and other related structures as defined in paragraph a of
subdivision two of section sixteen hundred seventy-six  of  this  title,
boards  of cooperative educational services as defined in paragraph d of
subdivision two of section sixteen hundred seventy-six  of  this  title,
AND locally sponsored community colleges as defined in subdivision seven
of  section  sixteen  hundred  seventy-six  of this title[, and the city
university as defined in subdivision eight of  section  sixteen  hundred
seventy-six of this title].
  S  65. Subdivision 10 of section 1679 of the public authorizes law, as
amended by chapter 682 of the laws  of  1984,  is  amended  to  read  as
follows:
  10.  There is hereby created an advisory committee on the supplemental
higher education loan financing program to the dormitory authority which
shall consist of the chairman of the authority, who shall serve  as  the
chairman  of such committee, the commissioner of education, the chancel-
lor of the state university of New York, [the  chancellor  of  the  city
university  of New York,] the president of the higher education services
corporation, the chairman of the board of trustees of the commission  on
independent  colleges  and  universities,  the president of the New York
state financial aid  administrators  association  and  an  undergraduate
student  appointed  by  the governor who is in attendance at a public or
independent institution of higher education located in this state.  Such
committee shall participate in the development of and review the program
guidelines  to  be  established  by  the  authority  as required by this
section and may make recommendations on, comment  upon  and  advise  the
members  of  the board of the authority with respect to such guidelines.
Each of the members of such committee may designate in  writing  to  the
chairman of the committee a representative to serve on such committee in
the  place of such member. The members of the committee shall receive no
compensation for their services, but shall be entitled to  reimbursement

S. 6862                            32

by  the  dormitory  authority  for  their  actual and necessary expenses
incurred in the performance of their duties.
  S  66.  The undesignated paragraph of subdivision 1 of section 1680 of
the public authorizes law, as amended by chapter  352  of  the  laws  of
2008, is amended to read as follows:
  Educational  Housing  Services Inc., a not-for-profit corporation, for
the acquisition, financing, refinancing,  construction,  reconstruction,
renovation,  development, improvement, expansion, and equipping of hous-
ing for students and/or faculty  at  institutions  of  higher  education
throughout  the  state and up to five wholly-owned and controlled corpo-
rations or limited liability companies that are not subject  to  federal
income  taxation  (except with respect to any unrelated business income)
as follows: [one such corporation or limited liability company  for  the
acquisition, financing, refinancing, construction, reconstruction, reno-
vation, development, improvement, expansion, and equipping of a dormito-
ry  for  housing  for students in connection with the city university of
New York;] one such corporation or limited  liability  company  for  the
acquisition, financing, refinancing, construction, reconstruction, reno-
vation, development, improvement, expansion, and equipping of a dormito-
ry  located at 401 West 130th Street, New York, New York for housing for
students and/or faculty in connection with the city college of New York;
one such corporation or limited liability company for  the  acquisition,
financing, refinancing, construction, reconstruction, renovation, devel-
opment,  improvement, expansion, and equipping of a dormitory at 55 John
Street, New York, New York for housing for students and/or faculty;  one
such  corporation  or  limited  liability  company  for the acquisition,
financing, refinancing, construction, reconstruction, renovation, devel-
opment, improvement, expansion, and equipping of a dormitory at 231 East
55th Street, New York, New York for housing for students and/or faculty;
and one such corporation or limited liability company for  the  acquisi-
tion,  financing, refinancing, construction, reconstruction, renovation,
development, improvement, expansion, and equipping  of  a  dormitory  at
1760  3rd  Avenue,  New  York,  New York for housing for students and/or
faculty.
  S 67. The undesignated paragraph of subdivision 1 of section  1680  of
the  public  authorities  law,  as amended by chapter 174 of the laws of
2002, is amended to read as follows:
  MSMC realty corporation, a support organization  of  the  Mount  Sinai
hospital,  Mount Sinai school of medicine of the [city] STATE university
of New York and the Mount  Sinai  medical  center,  inc.  (collectively,
"Mount  Sinai"),  for  the purpose of providing facilities and equipment
for Mount Sinai. As used in this paragraph and for purposes  of  chapter
five  hundred  fifty-four  of  the laws of nineteen hundred ninety-nine,
MSMC Realty Corporation shall be deemed  to  include  any  other  entity
created  by  MSMC  Realty  Corporation or Mount Sinai for the purpose of
entering into an agreement with the dormitory authority pursuant to this
paragraph.
  S 68. Clause (b) of subparagraph 2, subparagraphs 3 and 4 of paragraph
d and paragraph f of subdivision 2, the opening paragraph  and  subpara-
graphs  1  and  4  of  paragraph (d) and paragraph (g) of subdivision 9,
paragraph (c) of subdivision 14 and subdivision 20 of  section  1680  of
the  public authorities law, clause (b) of subparagraph 2 of paragraph d
of subdivision 2, the opening paragraph and subparagraph 1 of  paragraph
(d)  of  subdivision  9,  as amended by chapter 332 of the laws of 1975,
subparagraph 3 of paragraph d of subdivision 2, as amended by chapter 64
of the laws of 1980, subparagraph 4 of paragraph d of subdivision 2,  as

S. 6862                            33

added  by chapter 917 of the laws of 1977, paragraph f of subdivision 2,
as added by chapter 782 of the laws of 1966, subparagraph 1 of paragraph
f of subdivision 2, as amended by section 52 of part K of chapter 81  of
the  laws  of  2002,  subparagraph 4 of paragraph d of subdivision 9, as
amended by chapter 38 of the laws of 1976, paragraph (g) of  subdivision
9,  as  amended  by  chapter  264  of the laws of 1986, paragraph (c) of
subdivision 14, as amended by section 39 of part PP of chapter 56 of the
laws of 2009 and subdivision 20, as added by chapter 678 of the laws  of
1988, are amended to read as follows:
  (b)  In  the  case  of  any  dormitory and attendant facility provided
pursuant to paragraph f of this subdivision, the authority shall  trans-
fer  such  right,  title  and  interest as it may have in or to the real
property of such dormitory and attendant facility to  the  city  of  New
York and in and to all personal property of such dormitory and attendant
facility to the board of higher education in such city; provided, howev-
er,  that  if  the  authority  has title to such dormitory and attendant
facility and the [city] STATE university shall  cease  to  offer  educa-
tional  facilities  before  any  such liabilities and bonds have been so
paid or discharged, the title to all of the real and  personal  property
thereof shall vest in the people of the state of New York;
  (3)  Notwithstanding any other provisions of law, [if requested by the
city university construction fund and] the board of higher education  in
the  city of New York, and with the prior written approval of the direc-
tor of the budget of the state of New York or his designee, the authori-
ty may sell all or any part of  any  dormitory  and  attendant  facility
provided  by  the  authority for the [city] STATE university pursuant to
paragraph f of subdivision two, including any real and personal property
comprising said dormitory and attendant facility. Such sale may be  made
by  private  or public sale. Such sale may be made only if the dormitory
and attendant facility or portion thereof being  sold  is  abandoned  or
withdrawn  from the applicable project in accordance with (i) the appli-
cable agreement entered into by the authority [with the city  university
construction  fund] and the board of higher education in the city of New
York and (ii) the applicable resolution of the authority, and if the net
proceeds of such sale are applied by the authority  in  accordance  with
such  agreement  and resolution. The difference, if any, between the net
proceeds of such sale, and, if greater, the amount required to  be  paid
by the board of higher education in the city of New York to the authori-
ty  pursuant  to  the terms of the applicable agreement by reason of the
abandonment or withdrawal of such dormitory and  attendant  facility  or
portion thereof shall be paid to the authority by the state of New York,
the city of New York, in which case the written approval of the director
of  the  office of management and budget of the city of New York, or his
designee, shall also be required, [the city university construction fund
or] such board of higher education or any number of the foregoing at the
closing of such sale and shall likewise be applied by the  authority  in
accordance  with  the  applicable  agreement  and  resolution. Provided,
however, that the foregoing provisions of this subparagraph only to  the
extent  that  they  otherwise  require a request for and approval by the
[city university construction fund or] the board of higher education  in
the  city  of  New York shall not apply to any sale of the parcels which
constitute one hundred twenty-three and one  hundred  twenty-seven  West
one hundred eighty-third street in the city of New York being in section
eleven, block three thousand two hundred twenty-five, lot forty-eight in
Bronx  county  (also  known  as  Sedgwick dormitory and North hall). The
abandonment or withdrawal of such dormitory and  attendant  facility  or

S. 6862                            34

portion  thereof  being sold and the payment to the authority in full of
the difference between the net proceeds of sale and the amount  required
to  be  paid by such board of higher education to permit the abandonment
or withdrawal shall be conditions to the closing of any sale pursuant to
this subparagraph. In the event of a sale pursuant to this subparagraph,
the authority shall be relieved of any obligation to transfer the dormi-
tory and attendant facility or portion thereof being sold to the city of
New  York, the state of New York or the board of higher education in the
city of New York pursuant to clause (b)  of  subparagraph  two  of  this
paragraph.  Any and all rights of the city of New York, the state of New
York and such board of higher education in and  to  such  dormitory  and
attendant facility or portion thereof shall be deemed to be fully satis-
fied  and  extinguished  by a sale pursuant to this subparagraph. At the
request of the authority, the city of New York, the state  of  New  York
and  such  board of higher education shall join in the deed or execute a
quitclaim or other legal instrument of conveyance  of  their  respective
interests, if any, therein.
  (4)  Notwithstanding  any  other  provision  of law, the authority, if
requested by the [city university construction fund and  the]  board  of
higher  education  in the city of New York, may lease all or any part of
any dormitory and attendant facility provided by the authority  for  the
[city] STATE university pursuant to paragraph f of this subdivision to a
third  party  upon such terms and conditions as the authority, [the city
university construction fund and] the board of higher education  in  the
city  of  New York shall deem appropriate and as are consistent with the
provisions of the applicable agreement entered  into  by  the  authority
[with  the  city  university  construction fund and] the board of higher
education in the city of New York and the applicable resolution  of  the
authority.  Provided,  however,  that  the  foregoing provisions of this
subparagraph only to the extent that they otherwise  require  a  request
for and approval by the [city university construction fund or the] board
of higher education in the city of New York shall not apply to any lease
of the parcels which constitute one hundred twenty-three and one hundred
twenty-seven  West  one  hundred  eighty-third street in the city of New
York being in section eleven, block three thousand two  hundred  twenty-
five,  lot forty-eight in Bronx county (also known as Sedgwick dormitory
and North hall). Any rentals or other moneys received by  the  authority
pursuant  to  such lease shall be applied by the authority in accordance
with the terms of the applicable agreement and resolution.  Any  leasing
of  such  dormitory  and  attendant  facility  or portion thereof by the
authority pursuant to the terms of this subparagraph shall not be deemed
to constitute a breach by the authority of the terms and conditions  of,
or  a  default  by the authority under any agreement which the authority
may have entered into with [the city university construction  fund  and]
the board of higher education in the city of New York, or any resolution
of  the authority, applicable to the dormitory and attendant facility or
portion thereof being leased.
  f. (1) Notwithstanding any other provision of law, general or special,
the dormitory authority is hereby authorized and empowered  to  acquire,
design,  construct,  reconstruct, rehabilitate, and improve or otherwise
provide and furnish and equip dormitories and attendant  facilities  for
the  use of the [city] STATE university, in accordance with the terms of
any lease, sublease, or other agreement entered into by  the  authority,
[pursuant  to  article  one  hundred twenty-five-B of the education law,
with the city university construction fund, or with such fund]  and  the
board of higher education in the city of New York. The dormitory author-

S. 6862                            35

ity may issue its bonds to finance the cost of senior college facilities
either  together  with or separate from bonds issued to finance the cost
of community college facilities, and may issue its bonds to finance  the
local  sponsor's  portion  of  the  cost of community college facilities
either together with or separate from its bonds issued  to  finance  the
state's portion of the cost of such community college facilities.
  Notwithstanding  any  other  provision of law, general or special, the
dormitory authority may acquire, design, construct or otherwise  provide
and  furnish  and equip dormitories and attendant facilities for the use
of Hunter College, which may include therein a police and fire  station,
upon  a site set forth in and in accordance with the terms of any lease,
sublease or other agreement entered into by the authority  [pursuant  to
article  one  hundred  twenty-five-B  of the education law with the city
university construction fund], the city of New York  and  the  board  of
higher  education  in such city. The police and fire station portions of
such facility shall be deemed capital projects of the city of  New  York
within  the  meaning  of  chapter nine of the New York city charter. Any
conveyance of real property or rights and interests therein by the  city
to  the  dormitory  authority  with  respect  to such facility shall not
include title to that portion of the real property to be occupied by the
police and fire station portions  thereof  but  shall  include  the  air
rights  over  such police and fire stations and subsurface rights there-
under.
  (2) The provisions of this subdivision shall apply to projects  under-
taken  by  the  dormitory authority pursuant to this paragraph provided,
however, that wherever any provision of this subdivision  authorizes  or
requires   action  on  the  part  of  an  educational  institution  such
provision, so far as it applies to any such project, shall be deemed  to
refer to action on the part of the [city university construction fund or
the] board of higher education of the city of New York[, as the case may
be].
  The  following provisions shall be applicable to agreements and leases
entered into between the authority and a local sponsor  in  relation  to
the  providing  and financing by the authority of facilities for locally
sponsored community colleges, and to agreements and leases entered  into
between  the  authority  and  the [city] STATE university [construction]
fund in relation to the providing and  financing  by  the  authority  of
facilities for [city] STATE university community colleges.
  (1)  In  addition  to the provisions authorized by subdivision four of
section sixteen hundred eighty-two of this title [four], any  resolution
or  resolutions  authorizing  any bonds for the purpose of financing the
cost of providing facilities  for  locally  sponsored  or  [city]  STATE
university community colleges may contain provisions which may be a part
of  the  contract  with  the  holders  of  such  bonds providing for the
creation and establishment and maintenance of reserve funds and payments
to such reserve funds as hereinafter in this paragraph set forth.
  (4) To ensure the continued operation and solvency  of  the  authority
for the carrying out of the public purposes relating to providing facil-
ities  for  locally  sponsored  or  [city]  STATE  university  community
colleges provision is made in the foregoing provisions of this paragraph
[d] for the accumulation in each debt service reserve fund of an  amount
equal  to  the  maximum  amount  of  principal and interest maturing and
becoming due in any succeeding calendar year on all bonds of the author-
ity then outstanding and secured by such reserve fund. In order  further
to  ensure  the  maintenance  of  such debt service reserve funds, there
shall be annually apportioned and paid to the authority for  deposit  in

S. 6862                            36

each  debt  service reserve fund such sum, if any, as shall be certified
by the chairman of the authority to the governor and state  director  of
the  budget as necessary to restore such reserve fund to an amount equal
to  the  maximum  amount of principal and interest maturing and becoming
due in any succeeding calendar year on the bonds of the  authority  then
outstanding  and  secured  by  such  reserve  fund.  The chairman of the
authority shall annually, on or before December first, make and  deliver
to the governor and state director of the budget his certificate stating
the sum, if any, required to restore each such debt service reserve fund
to the amount aforesaid, and the sum or sums so certified, if any, shall
be  apportioned  and paid to the authority during the then current state
fiscal year. The principal amount of bonds secured  by  a  debt  service
reserve fund or funds to which state funds are apportionable pursuant to
this  subparagraph  shall  be  limited  to the total amount of bonds and
notes outstanding on the effective date of  this  act,  plus  the  total
amount  of  bonds  and notes contracted after the effective date of this
act to finance projects in progress on the effective date of this act as
determined by the  New  York  state  public  authorities  control  board
created  pursuant  to  section  fifty  of this chapter whose affirmative
determination shall be conclusive as to all  matters  of  law  and  fact
solely  for  the  purposes of the limitations contained in this subpara-
graph, but in no event shall the total amount of  bonds  so  secured  by
such  a  debt  service  reserve fund or funds exceed two hundred seventy
million dollars  for  locally  sponsored  community  colleges  and  four
hundred  seventy  million  dollars for [city] STATE university community
colleges, excluding bonds issued to refund such outstanding bonds  until
the  date  of redemption of such outstanding bonds. As outstanding bonds
so secured are paid, the amount so secured shall be reduced  accordingly
but  the  redemption  of  such  outstanding  bonds  from the proceeds of
refunding bonds shall not reduce the amount so secured.
  (g) No agreement by the dormitory authority [with the city  university
construction  fund  or  with  such fund and] the [city] STATE university
with respect to a [city] STATE  university  community  college,  entered
into  prior to July first, nineteen hundred eighty-five and no agreement
entered into on or after July first, nineteen hundred eighty-five  which
is  supplemental to any agreement entered into prior to such July first,
shall be effective unless and until it is approved by the state director
of the budget or his designee and by the director of the budget  of  the
city of New York or his designee.
  (c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand,  (i)  the  dormitory  authority  shall not deliver a series of
bonds for [city] STATE university community college  facilities,  except
to refund or to be substituted for or in lieu of other bonds in relation
to  [city]  STATE  university community college facilities pursuant to a
resolution of the dormitory authority adopted before July  first,  nine-
teen  hundred eighty-five or any resolution supplemental thereto, if the
principal amount of bonds so to be issued when added  to  all  principal
amounts of bonds previously issued by the dormitory authority for [city]
STATE university community college facilities, except to refund or to be
substituted in lieu of other bonds in relation to [city] STATE universi-
ty  community  college  facilities  will  exceed the sum of four hundred
twenty-five million dollars and (ii) the dormitory authority  shall  not
deliver a series of bonds issued for [city] STATE university facilities,
including  community college facilities, pursuant to a resolution of the
dormitory authority adopted on or after  July  first,  nineteen  hundred
eighty-five,  except  to  refund  or to be substituted for or in lieu of

S. 6862                            37

other bonds in relation to [city] STATE university facilities and except
for bonds issued pursuant to a resolution supplemental to  a  resolution
of the dormitory authority adopted prior to July first, nineteen hundred
eighty-five, if the principal amount of bonds so to be issued when added
to  the principal amount of bonds previously issued pursuant to any such
resolution, except bonds issued to refund or to be substituted for or in
lieu of other bonds in relation to [city] STATE  university  facilities,
will  exceed  six  billion eight hundred forty-three million two hundred
thousand dollars.  The legislature reserves the right to amend or repeal
such limit, and the state of New York, the dormitory authority, AND  the
[city]  STATE university, [and the fund] are prohibited from covenanting
or making any other agreements with or for the  benefit  of  bondholders
which might in any way affect such right.
  20.  Subject  to the provisions of any lease, sublease or other agree-
ment with  the  state  university  of  New  York  and  state  university
construction  fund [or with the city university of New York and the city
university construction fund] to the contrary, in  any  case  where  the
authority and the respective fund are authorized to and have agreed that
the  authority will award contracts for the design and construction of a
project, the authority shall prepare or cause to be prepared a  facility
design  and  performance  plan with the state university of New York and
state university construction fund [or with the city university  of  New
York  and  the  city  university construction fund]. Such plan shall set
forth the terms and conditions associated with the construction  manage-
ment  process, including, but not limited to, provisions relating to the
selection of architects, construction consultants, construction managers
and contractors, the relative responsibilities of the authority and  the
respective fund with respect to the initial project budget, the prepara-
tion  of working drawings and budgets, the project construction process,
beneficial occupancy including formal  notifications,  punch  lists  and
acceptance  by  all  parties,  notification  of construction completion,
project close-out, and the commencement of  responsibility  for  mainte-
nance  of the facility. Such plan shall also include provisions relating
to the responsibility of the authority to require  appropriate  perform-
ance and surety bonds, the diligent pursuit by the authority of remedies
against  architects, contractors and sureties deemed to be in default in
the performance of their obligations, and, generally, the management  of
the  construction  process  in  a professional manner in accordance with
prevailing construction industry standards. The authority  shall  submit
the  facility  design  and  performance  plan to the respective fund for
inclusion in the  capital  program  plan  submitted  by  the  respective
university to the director of the budget.
  S  69.  Subdivision 4 of section 1680-b of the public authorities law,
as amended by chapter 62 of the laws of 1988,  is  amended  to  read  as
follows:
  4.  In the event that a participating municipality fails to pay to the
authority when due all or part of the rentals and other payments payable
pursuant to any lease, sublease or agreement  with  the  authority,  the
chairman  or another officer of the authority shall certify at the times
provided in this subdivision the amount of rentals  and  other  payments
then  due  from  such  participating  municipality and unpaid. The state
comptroller, upon receipt of such certificate, shall deduct  the  amount
of  such  rentals  and other payments as remains unpaid to the authority
first from the aid payable to such participating municipality  from  the
court  facilities  incentive aid fund established by section ninety-four
of the state finance law and, then, from the next succeeding payments of

S. 6862                            38

state aid apportioned to such  participating  municipality,  as  revenue
sharing,  per  capita  aid, and any other aid pursuant to section fifty-
four of the state finance  law  and,  then,  from  the  next  succeeding
payments  of  state  aid for any local governmental administrative costs
that are reimbursable to  the  participating  municipality  pursuant  to
state law and, then, from the next succeeding payments of state aid from
moneys  appropriated pursuant to section six hundred eight of the public
health law and pursuant to section ten-c of the highway  law;  provided,
however,  that  the  right of the authority to the payment of any amount
deducted by the state comptroller pursuant  to  this  section  from  per
capita  aid  apportioned  to  the  city of New York shall be subject and
subordinate to [the rights of  the  city  university  construction  fund
pursuant  to  section  sixty-two  hundred  seventy-nine of the education
law,] the New York city  housing  development  corporation  pursuant  to
section  six  hundred  fifty-six of the private housing finance law, the
trustees of the police pension fund pursuant to paragraph e of  subdivi-
sion  seven  of  section  fifty-four  of  the state finance law, and the
municipal assistance corporation for the city of New  York  pursuant  to
section  three thousand thirty-six-a of this chapter and subdivision one
of section ninety-two-e of the state finance law.  In  order  to  insure
that  the  amount  of  rentals  and  other  payments due and unpaid by a
participating municipality are paid, the authority on or  within  thirty
days  prior  to  January  twenty-fifth, April twenty-fifth, July twenty-
fifth and October twenty-fifth of each year shall certify to  the  state
comptroller the amount of rentals and other payments then due and unpaid
by  each  participating  municipality pursuant to any lease, sublease or
other agreement. The amount required to be deducted by the  state  comp-
troller  pursuant  to  this subdivision shall be deducted from such aid,
whether or not the state aid from which such deduction is to be made  is
then  payable  to  the participating municipality, and thereupon paid to
the authority. The amount of state aid  payable  to  such  participating
municipality  shall be reduced by the amount deducted by the state comp-
troller notwithstanding the amount appropriated and apportioned  by  the
state  to  such  participating  municipality, and the state shall not be
obligated to make and the participating municipality shall not be  enti-
tled  to  receive  any additional apportionment or payment of such state
aid. Nothing shall be construed to create an obligation upon  the  state
to appropriate moneys, to preclude the state from reducing the amount of
moneys  appropriated or level of assistance provided, or to preclude the
state from altering or modifying the manner in which it provides for  or
provides assistance.
  S 70. Paragraph (c) of subdivision 1, paragraphs (i), (j), (k) and (l)
of subdivision 2, and subparagraph (iii) of paragraph (e) of subdivision
4 of section 1680-j of the public authorities law, as added by section 1
of  part  MM  of  chapter 59 of the laws of 2004, are amended to read as
follows:
  (c) Every officer, employee, or member of a governing board  or  other
board  of any college or group or association of colleges, and every New
York state regent, every officer or employee of the board of regents  or
the  department  of  education and every trustee, officer or employee of
the state university of New York [or the city university  of  New  York]
shall  be  ineligible for appointment as a member, representative, offi-
cer, employee or agent of the board.
  (i) "Public college" shall mean each component of the state  universi-
ty,  as  defined in subdivision three of section three hundred fifty-two
of the education law and  in  subdivision  two  of  section  sixty-three

S. 6862                            39

hundred  one of the education law [and each senior college and community
college of the city university of New York, as defined  in  subdivisions
four and five of section sixty-two hundred two of the education law].
  (j)  "Total academic square footage amount" shall mean an amount equal
to the product of (i) 26.25 million dollars for the state university  of
New  York [or 17.5 million dollars for the city university of New York],
multiplied by (ii) the eligible college's proportion of the total square
footage of academic facilities operated by all components of  the  state
university of New York, as defined in subdivision three of section three
hundred  fifty-two and in subdivision two of section sixty-three hundred
one of the education law [or all senior colleges and community  colleges
of  the city university of New York, as defined in subdivisions four and
five of section sixty-two hundred two of the education law,  respective-
ly].
  (k)  "Total full-time equivalent amount" shall mean an amount equal to
the product of (i) 78.75 million dollars  for  independent  colleges  or
52.5  million  dollars  for colleges of the state university of New York
[or thirty-five million dollars for colleges of the city  university  of
New  York,]  multiplied by (ii) the eligible college's proportion of the
total  full-time  equivalent  students  for  all  eligible   independent
colleges, all components of the state university of New York, as defined
in  subdivision three of section three hundred fifty-two and in subdivi-
sion two of section sixty-three hundred one of the  education  law,  [or
all senior colleges and community colleges of the city university of New
York,  as  defined  in  subdivisions  four and five of section sixty-two
hundred two of the education law, respectively,] and calculated from  an
eligible  college's  final  fall full-time equivalent enrollment for the
two thousand three--two thousand four academic year as published by  the
state education department.
  (l)  "Total  TAP expenditure amount" shall mean an amount equal to the
product of (i) the product of forty-five percent of one  hundred  seven-
ty-five million dollars for independent colleges or the product of twen-
ty-five  percent of one hundred five million dollars for colleges of the
state university of New York [or the product of twenty-five  percent  of
seventy  million  dollars  for  colleges  of  the city university of New
York], multiplied by (ii) an eligible college's proportion of the  total
funding  received under section six hundred sixty-seven of the education
law by all eligible independent colleges, all components  of  the  state
university of New York, as defined in subdivision three of section three
hundred  fifty-two and in subdivision two of section sixty-three hundred
one of the education law, [or all senior colleges and community colleges
of the city university of New York, as defined in subdivisions four  and
five  of section sixty-two hundred two of the education law, respective-
ly,] as estimated by the higher education services corporation  for  the
two thousand three-two thousand four academic year.
  (iii)  Whether  the  project  is  eligible for funding under the state
university [or city university] capital plan;
  S 71. Subdivision 2 of section 1680-p of the public  authorities  law,
as  added  by section 2 of part RR of chapter 57 of the laws of 2010, is
amended to read as follows:
  2. Notwithstanding any other provision of  law  to  the  contrary,  in
order   to   assist  the  authority  in  undertaking  the  financing  of
construction of a state longitudinal data system but not limited to  the
development  and  purchase  of  computer hardware, software, and related
equipment, such amount shall include expenses made by the State  Univer-
sity  of  New York[, the City University of New York] and the department

S. 6862                            40

of education, the director of the budget is hereby authorized  to  enter
into  one  or  more  service contracts with the authority, none of which
shall exceed thirty years in duration, upon such terms and conditions as
the  director  of  the budget and the authority agree, so as to annually
provide to the authority, in the aggregate, a  sum  not  to  exceed  the
principal,  interest,  and  related expenses required for such bonds and
notes. Any service contract entered into pursuant to this section  shall
provide  that  the  obligation  of  the  state to pay the amount therein
provided shall not constitute a debt of the state within the meaning  of
any  constitutional or statutory provision and shall be deemed executory
only to the extent of monies available and that no  liability  shall  be
incurred  by  the  state  beyond  the monies available for such purpose,
subject to annual appropriation by the legislature. Any such contract or
any payments made or to be made thereunder may be assigned  and  pledged
by  the  authority as security for its bonds and notes, as authorized by
this section.
  S 72. Subdivision 4-b of section 1682 of the public  authorities  law,
as  added  by  chapter  264  of  the laws of 1986, is amended to read as
follows:
  4-b. Any resolution authorizing the issuance of bonds for the  purpose
of  providing  facilities for the [city] STATE university CAMPUS LOCATED
IN THE CITY OF NEW YORK pursuant to a lease, sublease or other agreement
entered into by [the city university construction fund and] the dormito-
ry authority on or  after  July  first,  nineteen  hundred  eighty-five,
refunding  any  such bonds, or establishing or funding reserves for such
bonds shall  state  the  principal  amount  of  bonds  being  issued  in
connection  with  senior  college facilities and the principal amount of
bonds being issued in connection with community college facilities.  The
proceeds  of  such  bonds  to  be applied to the payment of the costs of
providing senior college facilities shall be  held  separate  and  apart
from  the  proceeds  of  such  bonds to be applied to the payment of the
costs of providing community college  facilities.  The  proceeds  to  be
applied  to the payment of the costs of providing senior college facili-
ties shall not be applied to the  payment  of  the  costs  of  providing
community  college  facilities  and  the  proceeds  to be applied to the
payment of the costs of providing community college facilities shall not
be applied to the payment of  the  costs  of  providing  senior  college
facilities.
  S  73.  The  section  heading  and the first undesignated paragraph of
section 1699-n of the public authorities law, as amended by chapter  180
of the laws of 1984, is amended to read as follows:
  Designation  of small business set-asides at the Medgar Evers college,
[city] STATE university of New  York.  The  chairman  has  authority  to
designate  as small business set-asides specified commodities, equipment
or services or contracts  for  construction,  reconstruction,  rehabili-
tation  or  improvement of college facilities for which purchase or work
contract have been requested by the board of  trustees  for  the  Medgar
Evers  college, [city] STATE university of New York under the provisions
of this title. The designation shall be made prior to the  advertisement
for  bids as provided by law, and when the advertisement is published it
shall indicate the purchases which have been designated  small  business
set-asides.  To  effectuate the purposes of this title, the chairman may
exercise this authority whenever there is a reasonable expectation  that
bids  will  be  obtained from at least three small businesses capable of
furnishing the desired property or service  at  a  fair  and  reasonable
price.

S. 6862                            41

  S  74.  Item  (i) of subparagraph 2 of paragraph c of subdivision 1 of
section 23 of the general municipal law is REPEALED.
  S  75.  Subdivision  4 of section 810 of the general municipal law, as
added by chapter 813 of the laws of 1987, is amended to read as follows:
  4. The term "state agency" shall mean any state department,  or  divi-
sion,  board,  commission, or bureau of any state department, any public
benefit corporation, public authority or  commission  at  least  one  of
whose  members  is appointed by the governor, or the state university of
New York [or the city university of New York], including all [their] ITS
constituent units except community colleges and the  independent  insti-
tutions operating statutory or contract colleges on behalf of the state.
  S 76. Paragraph c of subdivision 2 and subdivisions 3 and 9 of section
140  of  the education law, as added by chapter 679 of the laws of 1988,
are amended to read as follows:
  c. "Institutions eligible  for  historical  records  program  grants".
Chartered  or  incorporated  nonprofit  archives,  libraries, historical
societies and museums and other nonprofit institutions in New York state
which operate historical records programs and which meet standards to be
established by the commissioner pursuant to regulations adopted for such
purposes. Institutions operated by state or federal government agencies,
and local government archives  shall  not  be  eligible  for  historical
records  project grants, except that an institution of the state univer-
sity of New York [or the city university of  New  York]  may  apply  for
historical  records  project  grants  with  regard to records other than
internal records generated by the institution after July first, nineteen
hundred forty-eight if it is a component of the state university of  New
York  [or  after  July  first,  nineteen hundred seventy-nine if it is a
component of the city university of New York] or  after  the  subsequent
date on which the institution became a component of such university.
  3. Scope of activities to be supported. The commissioner is authorized
to  provide  grants  and  advice to institutions eligible for historical
records programs and cooperative projects, and aid to regional  advisory
and assistance agencies, the central administration of the state univer-
sity  of New York [and the central administration of the city university
of New York]. Grants shall be used to support the development and admin-
istration of historical  records  programs;  the  surveying,  appraisal,
identification,  collection,  duplication, arrangement, description, and
making available of historical records; public and educational  program-
ming  relating to historical records; projects to improve archival tech-
niques; and projects to promote the research use of historical  records.
Aid  to  regional  advisory  and  assistance  agencies  shall be used to
promote and assist the development of historical records  programs.  Aid
to  the central administrations of the state university of New York [and
the city university of New York] shall be used  to  develop  guidelines,
policies  and  procedures,  training,  technical  assistance, materials,
oversight, retention and disposition schedules for  university  records,
and  to  promote,  guide  and  direct the component institutions of such
universities in the sound administration of archival records.
  9. Aid for state university of New York [and city  university  of  New
York].    To  be  eligible to receive aid annually, the central adminis-
tration of the state university of New York [and  the  central  adminis-
tration of the city university of New York] shall [each] submit an annu-
al workplan acceptable to the commissioner, and, after the first year of
receiving  aid, a report on activities of the prior year and a five-year
plan.

S. 6862                            42

  S 77. Item (iii) of subparagraph 2 of paragraph a of subdivision 4  of
section 140 of the education law is REPEALED.
  S  78.  The section heading and subdivisions 3, 6 and 7 of section 237
of the education law, the section heading and subdivision 3  as  amended
by  chapter 186 of the laws of 1977, subdivision 6 as amended and subdi-
vision 7 as added by chapter 567 of the laws of  1971,  are  amended  to
read as follows:
  Regents  plan  for  higher education including approved plans of state
university [and city university] of New York and  plans  of  independent
institutions of higher education.
  3.  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,
the proposed plan and recommendations of the board of  higher  education
in  the  city  of  New York required to be submitted pursuant to section
sixty-two hundred two of this chapter,  and  the  plans  of  independent
institutions  of  higher  education and, upon approval by the regents of
the plans submitted by the state university trustees and  the  board  of
higher  education,  they  shall  be  incorporated into a regents plan or
general revision thereof for the 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  recommenda-
tions  proposed by the board of higher education in the city of New York
and may include plans with respect to  other  matters  not  comprehended
within the plan of the state [and city universities] UNIVERSITY, includ-
ing but not limited to improving institutional management and resources,
instruction  and guidance programs, financial assistance to students and
extension of educational opportunities.  In  determining  the  need  for
additional  educational  facilities  in a particular area, the plans and
facilities of existing public  and  independent  institutions  shall  be
fully  evaluated.  Such  statewide  plan  shall  include for information
purposes a summary of all recommendations appearing in the prior  state-
wide plan and subsequent amendments thereof containing a brief statement
of action taken and progress toward achievement of each such recommenda-
tion.
  6. Any modification recommended by the state university trustees or by
the  board  of higher education in the city of New York to their respec-
tive plans, theretofore formulated  and  approved  pursuant  to  section
three  hundred fifty-four or section sixty-two hundred two of this chap-
ter 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] PLAN of
the state university [and of the city university]  and  shall,  together
with  any  modifications  the  regents may make to that portion of their
plan for the development of higher education in the  state  not  compre-
hended  in the [plans] PLAN of the state [and city universities] UNIVER-
SITY, be transmitted to the governor and the legislature, all  of  which
shall  then  become effective upon approval by the governor as modifica-
tions of the regents plan. By the first  day  of  November  in  nineteen
hundred  seventy-four  and each fourth year thereafter the regents shall
summarize and report to the governor and the legislature  any  modifica-
tions made pursuant to this subdivision and shall include in such report
a  statement  on  the progress made in implementing the regents plan and
their general recommendations with respect to higher education.
  7. An advisory council on higher education consisting of the  chancel-
lor  of  the  state  university of New York, [the chancellor of the city

S. 6862                            43

university of New York,] and a representative of the commission on inde-
pendent colleges and universities shall be convened by the  commissioner
of  education  and  shall advise the regents and the commissioner on all
phases of planning.
  S  79.  Subdivisions 2, 4 and 5 of section 239-a of the education law,
as added by chapter 8 of the laws  of  2009,  are  amended  to  read  as
follows:
  2.  The administration of the individual state [and city universities]
UNIVERSITY and colleges and every public or private  college,  community
college or university within the state, are hereby authorized to facili-
tate  a  campus-wide charitable donation program for local area not-for-
profit organizations utilizing students' residual  consumer  goods.  The
administration:
  a.  shall  designate  a collection area for students to drop-off their
unused or surplus goods two weeks before the end of the school year;
  b. shall either develop a direct  donation  program  of  the  residual
consumer  goods  or  organize  a  charitable  event  to collect residual
consumer goods and donate such goods to local  not-for-profit  organiza-
tions; and
  c.  may  involve  student  organizations for the implementation of the
program.
  4. In the event that there is no viable local not-for-profit organiza-
tion able to accept the residential consumer goods collected, the admin-
istration of the individual state [or city]  university  or  college  or
public  or  private  college, community college or university within the
state may organize a campus-wide sale of such goods. The profits of such
sale may be dedicated by the student organizations or by the  individual
state  [or  city  university]  or  college or public or private college,
community college or university facilitating  the  program  to  a  local
not-for-profit organization.
  5.  The administration of any individual state [or city] university or
college or public or private college, community  college  or  university
may  grant  credit to student members of organizations involved with the
program, pursuant to subdivision two of this section, in the amount  and
form that such administration deems appropriate.
  S  80.  Paragraph c of subdivision 1 of section 239-a of the education
law is REPEALED.
  S 81. Paragraph g of subdivision 1 and paragraph c of subdivision 5 of
section 273 of the education law, as amended by section 3 of part  O  of
chapter 57 of the laws of 2005, are amended to read as follows:
  g.  In  addition to the sums otherwise provided in paragraphs a, b, c,
d, e, f, h and i of this subdivision, the New York Public Library  shall
receive  an  amount  equal to its actual expenditures for books, period-
icals and binding for its research libraries which expenditures are  not
otherwise  reimbursed  or  seven  hundred  sixty-seven thousand dollars,
whichever is less, and the additional sum of five  million  six  hundred
forty-nine  thousand six hundred dollars for the general support of such
research libraries. In addition to  any  other  sums  provided  to  such
library, the sum of two million dollars shall be payable annually to the
New  York  Public  Library  for  the general support of library services
provided by the New York Public Library to the  students  of  the  [City
University]  STATE  UNIVERSITY  of  New  York and the sum of one million
dollars shall be payable annually to the New York Public Library for the
general support of its science, industry and business library.
  c. Funds for the support of this program shall be appropriated to  the
department, except that funds for the state-operated institutions of the

S. 6862                            44

state  university  of  New  York  [and  the  senior colleges of the city
university of New York], shall be appropriated to the  state  university
of  New York out of any moneys in the state treasury in the general fund
to  the  credit  of  the state purposes fund not otherwise appropriated,
[and funds shall be appropriated to the city university of New York  out
of any moneys in the state treasury in the general fund to the credit of
the  local  assistance  fund  not  otherwise appropriated,] and shall be
subject to the same distribution formula as provided in paragraph  b  of
this subdivision.
  S  82.  Subdivision 12-a of section 305 of the education law, as added
by section 4 of part A of chapter 57 of the laws of 2007, is amended  to
read as follows:
  12-a. The commissioner shall evaluate the effectiveness of all teacher
preparation programs in the state, and the timelines and costs of devel-
oping  or  modifying  data  systems  to collect the necessary data. Such
study shall consider measuring the effectiveness of such programs  based
on  the academic performance of their students and graduates and through
other measures. The commissioner shall consult with the  chancellors  of
the  state university of New York [and the city university of New York,]
and other representatives of  institutions  of  higher  education.  Upon
completion of such study, the commissioner shall make recommendations to
the board of regents on implementation of such methodologies.
  S  83. Item (iii) of subparagraph 4 of paragraph h of subdivision 2 of
section 355 of the education law, as amended by chapter 260 of the  laws
of 2011, is amended to read as follows:
  (iii)  The state shall appropriate annually and make available general
fund operating support, including fringe benefits, for the state univer-
sity in an amount not less than the amount appropriated and made  avail-
able  to the state university in state fiscal year two thousand eleven--
two thousand  twelve.  Beginning  in  state  fiscal  year  two  thousand
twelve-two thousand thirteen and thereafter, the state shall appropriate
and  make  available  general  fund  operating support, including fringe
benefits, for the state university in an amount not less than the amount
appropriated  and  made  available  in  the  prior  state  fiscal  year;
provided, however, that if the governor declares a fiscal emergency, and
communicates such emergency to the temporary president of the senate and
speaker  of  the  assembly,  state support for operating expenses at the
state university [and city  university]  may  be  reduced  in  a  manner
proportionate  to  one  another, and the aforementioned provisions shall
not apply.
  S 84. Paragraph a of subdivision 1 of section  358  of  the  education
law,  as  amended by chapter 340 of the laws of 1969, is amended to read
as follows:
  a. Medical schools,  dental  schools,  research  centers  and  similar
institutions  or  facilities  operating  specified  training or research
programs or projects pursuant to contracts with  the  state  university.
[The  state university is hereby authorized to enter into such contracts
with the city university of New York.]    The  acceptance  of  any  such
financial  assistance or the making of any such contract by or on behalf
of a medical school, dental school, research center or similar  institu-
tion  or  facility  shall not subject it or its programs to supervision,
control or regulation by the state university  trustees  except  to  the
extent that such supervision, control or regulation are expressly stated
in the contract.

S. 6862                            45

  S  85.  Subdivisions  4  and 5 of section 399 of the education law, as
amended by chapter 557 of the laws of  1995,  are  amended  to  read  as
follows:
  4. The board of trustees of state university with respect to the state
university and the community colleges[, and the board of trustees of the
city  university with respect to employees of the city university of New
York,] shall designate the insurer or insurers from which  such  annuity
contracts or in the case of custodial accounts, the company or companies
from  whom  regulated  investment  company shares shall be purchased. In
making such designation, due consideration shall be  given  to  (a)  the
nature and extent of the rights and benefits to be provided by contracts
for  such  special  annuity or custodial account for employees and their
beneficiaries, (b) the relation of  such  rights  and  benefits  to  the
amount of contributions to be made for such contracts, (c) the suitabil-
ity of such rights and benefits to the needs and interests of employees,
and  to  the  interests  of employers in the employment and retention of
employees, and (d) the authority and ability of the  designated  insurer
or  insurers  or  designated  company or companies to provide rights and
benefits under such contracts or custodial accounts.
  5. The board of trustees of state  university,  with  respect  to  the
state  university and the community colleges, [and the board of trustees
of the city of New York with respect to the city university,] are hereby
authorized to provide for  the  administration  of  a  program  for  the
purchase  of  such  special  annuities  or  establishment  of  custodial
accounts, and to perform or authorize the performance of such  functions
as may be necessary for such purpose in accordance with this section.
  S 86. Subdivision 4 of section 601 of the education law, as amended by
chapter 466 of the laws of 1977, is amended to read as follows:
  4.  "Approved  program",  for  the  purpose of determining a student's
eligibility for awards provided in articles  thirteen  and  fourteen  of
this  chapter  and  subject to specific modification by sections of such
articles, shall mean the following programs of  study  approved  by  the
commissioner  pursuant  to  this article in accordance with rules of the
board of regents and registered by the [state education]  department  in
accordance  with  regulations  of the commissioner or, where applicable,
registered by the state department of health and forwarded to the  state
education department: (1) collegiate level programs leading to a degree,
or  programs leading to a diploma or certificate that are fully credita-
ble towards a degree program in that institution; (2) study and training
programs offered by a hospital school, a community college,  a  unit  of
the  state university of New York, [a unit of the city university of New
York,] or an institution chartered by the regents or by the  legislature
for  the  purpose of granting degrees, leading to licensure as a profes-
sional registered or practical nurse or to certification in an  area  of
medical  or  health  technology;  and (3) two-year programs offered in a
registered private business school.
  S 87. Subparagraph 1 of paragraph a of subdivision 6 of section 610 of
the education law, as added by chapter 425  of  the  laws  of  1988,  is
amended to read as follows:
  (1) If the recipient attends an institution [of the city university of
New  York  or  an institution] of the state university of New York other
than the statutory colleges at Cornell,  the  college  of  environmental
science  and forestry at Syracuse and the college of ceramics at Alfred,
the annual scholarship award shall be an amount equal to the non-tuition
cost of attendance at such institution or college  reduced  by  (i)  the
amount  of  a  Pell  grant  and  (ii) the amount of such other state and

S. 6862                            46

federal scholarships  and  grants,  other  than  tuition  assistance  or
supplemental  tuition  assistance  received under this chapter, which do
not require repayment, awarded to the recipient for the cost of  attend-
ance  at  the  institution being attended, as reported to the president;
provided, however, that such scholarship shall be reduced one dollar for
every three dollars of income in excess of eighteen thousand dollars  of
income; or
  S 88. Section 611 of the education law, as added by chapter 425 of the
laws of 1988, is amended to read as follows:
  S 611. Liberty  scholarship  advisory  committee.    There  is  hereby
created a liberty scholarship advisory committee, which shall consist of
eleven persons appointed by the governor, two of whom shall be upon  the
recommendation  of  the  president pro tem of the senate and two of whom
shall be upon the recommendation of the speaker of the assembly.    Such
members  shall  serve at the pleasure of the governor, except that those
recommended by other authorities shall serve at  the  pleasure  of  such
recommending  authorities,  and  shall  include,  but not be limited to,
representatives of secondary schools, business and industry,  labor  and
nonprofit  or  voluntary  organizations.  In  addition  to  such  eleven
members, the president of the higher education services corporation, the
commissioner of education, the chancellor of the state university of New
York[, the chancellor of the city university of New York] and the presi-
dent of the commission of independent colleges  and  universities  shall
serve  on the committee as ex-officio members. The governor shall desig-
nate one member to serve as chairperson of the committee. No later  than
April  first, nineteen hundred eighty-nine, such committee shall prepare
a plan that (i) identifies counseling and support services for  students
available  from  institutions  of  higher  education, secondary schools,
government agencies, business and industry, labor,  nonprofit  organiza-
tions and volunteers and (ii) proposes ways in which such counseling and
support  services can be coordinated to promote continuity of counseling
and support. In addition, the advisory committee shall make  recommenda-
tions  as  to  the  implementation  of  such plan and shall periodically
report on the degree to which such plan  has  been  successfully  imple-
mented.  The  president,  commissioner and the chancellors of the public
universities shall make available personnel to  act  as  staff  for  the
committee.  The  members  of the committee shall receive no compensation
for their services, but shall be entitled  to  reimbursement  for  their
actual  and  necessary  expenses  incurred  in  the performance of their
duties.
  S 89. Subdivisions 3 and 8 of section 652 of the education law, subdi-
vision 3 as amended by chapter 339 of the laws of 2010 and subdivision 8
as added by chapter 193 of the laws of 1989,  are  amended  to  read  as
follows:
  3.  The  corporation shall be governed and all of its corporate powers
exercised by a board of trustees which shall consist of fifteen members,
nine of whom shall be appointed by the  governor  with  the  advice  and
consent  of the senate. The members not requiring the advice and consent
of the senate shall be the commissioner of education, the chancellor  of
the state university, [the chancellor of the city university of the city
of  New  York,]  and [three] TWO students. One such student shall be the
president of the student assembly of the state university of New  York[,
one such student shall be the chair of the united student senate of city
university  of New York,] and one such student shall be a student regis-
tered in a full time course of study at  a  state  university  community
college.  In  the event a student who shall be a member by reason of his

S. 6862                            47

or her office in a student  organization  shall  fail  to  qualify,  the
student  who  holds the next highest office in the organization shall be
the member of the board.
  8.  The  commissioner  of education[,] AND the chancellor of the state
university [and the chancellor of the  city  university]  each  may,  by
official  authority filed in his or her respective department or univer-
sity, and with the secretary of the board, designate an officer  of  his
or her respective department or university to represent and exercise all
the  powers of such commissioner or chancellor as the case may be at all
meetings of the board from which such commissioner or chancellor may  be
absent.
  S 90. Subdivision 6 of section 653 of the education law, as amended by
chapter 916 of the laws of 1977, is amended to read as follows:
  6.  To  appoint an advisory council to consist of three student finan-
cial aid officers from public institutions of  higher  education,  three
student  financial  aid  officers  from  private  institutions of higher
education, three representatives  of  banking  institutions  within  the
state,  and  four  students,  [one]  TWO  of  whom  shall be [a student]
STUDENTS registered in a full time course of study at an institution  of
the  state  university,  [one of whom shall be a student registered in a
full time course of study at an institution of the  city  university  of
the  city  of  New York,] one of whom shall be a student registered in a
full time course of study at an independent institution of higher educa-
tion within the state, and one of whom shall be a student registered  in
a  full  time  course of study at a community college located outside of
the city of New York, to assist the corporation on a  regular  basis  in
carrying  out  its purposes. The four student members shall be appointed
after consultation with and  recommendations  from  appropriate  student
organizations. Appointments shall be for a period of three years, except
that of the student members which shall be for one year, and except that
of the members first appointed from public institutions of higher educa-
tion  and  of  the  members first appointed from private institutions of
higher learning and of the members first appointed from  banking  insti-
tutions,  respectively,  one  shall  be appointed for a term of one year
beginning July first, nineteen  hundred  seventy-five  and  ending  June
thirtieth,  nineteen  hundred  seventy-six, one shall be appointed for a
term of two years beginning July first,  nineteen  hundred  seventy-five
and  ending June thirtieth, nineteen hundred seventy-seven and one shall
be appointed for a term of three years beginning  July  first,  nineteen
hundred  seventy-five and ending June thirtieth, nineteen hundred seven-
ty-eight.   Any members whose employment or  student  status  ceases  to
conform to the above requirements shall be required to resign. Vacancies
shall  be  filled  for the unexpired term in the same manner as original
appointments.
  S 91. Subdivision 3 of section 666 of the education law, as amended by
chapter 286 of the laws of 1986, is amended to read as follows:
  3. Participating institutions. Institutions which  offer undergraduate
degrees and participate in the tuition assistance program  are  eligible
to  participate  in  the  tuition  award for part-time students program,
pursuant to this section provided, however, that  the  tuition  for  the
program  in  which  a  student  is  enrolled totals at least one hundred
dollars a year.  Eligible institutions shall apply to the corporation to
participate in such program on applications postmarked on or before  the
fifteenth  day  of June, such applications having been postmarked by the
corporation to all eligible institutions on or before the fifteenth  day
of  May. The department shall provide the enrollment data upon which the

S. 6862                            48

institutional allocation of funds will be based to the corporation on or
before the first day of May. The corporation shall notify  participating
institutions  of  the institutional allocation of funds on or before the
fifteenth  day  of July.  Notwithstanding the manner and extent in which
allocations of funds for awards  are  made  under  this  subdivision  to
institutions  which  form a part of the state university of New York [or
the city university of  New  York],  the  chancellor  of  [either]  such
university  may  reallocate and distribute any unexpended portion of the
allocation of an institution of such university to any other institution
of such university to which an allocation is  made  hereunder.  Notwith-
standing  the manner and extent in which allocations of funds for awards
are made under this subdivision to independent  institutions  of  higher
education,  the  president  may reallocate and distribute any unexpended
portion of the allocation of such  an  institution  to  any  other  such
institution to which an allocation is made hereunder.  Written notice of
such  reallocation and distribution shall be given to the corporation by
such chancellor or commissioner in accordance  with  the  rules  of  the
board.
  S  92. Subdivision 1 and paragraph a of subdivision 2 of section 667-c
of the education law, as added by section 1 of part N of chapter  58  of
the laws of 2006, are amended to read as follows:
  1.  Notwithstanding  any  law, rule or regulation to the contrary, the
president of the higher education services corporation is authorized  to
make tuition assistance program awards to part-time students enrolled at
the  state  university, a community college, [the city university of New
York,] and a  non-profit  college  or  university  incorporated  by  the
regents  or  by  the  legislature  who meet all requirements for tuition
assistance program awards except for the students' part-time attendance.
  a. enrolled as a first-time freshman during the two thousand  six--two
thousand  seven  academic  year or thereafter at a college or university
within the state university, including a statutory or contract  college,
a  community college established pursuant to article one hundred twenty-
six of this chapter, [the city university of New York,] or a  non-profit
college or university incorporated by the regents or by the legislature;
  S  93.  Subparagraph  1  of  paragraph (a) of subdivision 2 of section
668-d of the education law, as added by chapter 176 of the laws of 2002,
is amended to read as follows:
  (1) If the recipient attends an institution of the [city university of
New York or an institution of the] state university of  New  York  other
than  the  statutory  colleges  at Cornell, the college of environmental
science and forestry at Syracuse and the college of ceramics at  Alfred,
the  annual  award  shall  be an amount equal to: the tuition charged at
such institution provided that, notwithstanding any provision of law  to
the  contrary,  the tuition charged to award recipients shall not exceed
that charged to state resident students attending such institution;  the
mandatory  fees charged at such institution; and the non-tuition cost of
attendance at such institution or college, provided that the scholarship
shall not exceed an amount that is equal to the total cost of attendance
determined for federal Title IV student financial aid purposes, less all
other scholarships and grants provided by New York state, other  states,
the  federal  government, or other governments, and the amount of educa-
tional benefits paid under any program that would duplicate the purposes
of this program, provided that any scholarships or grants provided to  a
recipient  by  the institution which are intended to fund any portion of
the difference between the annual state award and the  actual  costs  of

S. 6862                            49

attendance  at any such institution shall not be considered to duplicate
the purposes of this program; or
  S 94. Subdivision 1 of section 689-a of the education law, as added by
chapter 260 of the laws of 2011, is amended to read as follows:
  1.  The  New  York  state  higher education services corporation shall
calculate a tuition credit for each resident undergraduate  student  who
has  filed an application with such corporation for a tuition assistance
program award pursuant to section six hundred sixty-seven of this  arti-
cle, and is determined to be eligible to receive such award, and is also
enrolled  in  a  program  of  undergraduate study at a state operated or
senior college of the state university of New York [or the city  univer-
sity  of  New York] where the annual resident undergraduate tuition rate
will exceed five thousand dollars. Such tuition credit shall  be  calcu-
lated  for  each  semester,  quarter  or  term  of study that tuition is
charged and tuition for the  corresponding  semester,  quarter  or  term
shall not be due for any student eligible to receive such tuition credit
until  such  credit  is  calculated,  the  student  and school where the
student is enrolled is notified of the tuition credit amount,  and  such
tuition credit is applied toward the tuition charged.
  S  95. Section 2590-k of the education law, as added by chapter 330 of
the laws of 1969, is amended to read as follows:
  S 2590-k. Contracts with [city]  STATE  university  of  New  York  for
administration  of high schools.  1. The city board and the [city] STATE
university of New York are hereby authorized and empowered to enter into
a contract or contracts whereby such university will administer not more
than five high schools under the jurisdiction of the city board selected
from among those schools which exhibit the greatest degree of  disadvan-
tage  as  measured by such factors as the proportion of students earning
general diplomas, the percentage of students reading below grade  level,
the  attrition  rate,  the proportion of students residing in officially
designated poverty areas, and similar measures.
  2. Such contract may provide for the delegation by the city  board  of
any  of  its  functions,  powers, and duties or of a community board, or
those of the chancellor or a  community  superintendent,  in  connection
with  the operation of such high schools, to the [city] STATE university
of New York, except the power to appoint or terminate the employment  of
any  employee.  The terms and conditions of employment shall continue to
remain under the jurisdiction of the city board.
  3. The provisions of section sixty-two hundred nine  of  this  chapter
with  respect  to  the  apportionment  of  public school moneys shall be
applicable to  the  high  schools  included  in  any  such  contract  or
contracts.
  S  96. This act shall take effect on the first of July next succeeding
the date on which it shall have become  a  law;  provided  however,  the
amendments  to  section 310 of the executive law made by section nine of
this act shall not affect the expiration of such section  and  shall  be
deemed  to  expire  therewith;  provided  further that the amendments to
subparagraph four of paragraph h of subdivision 2 of section 355 of  the
education law, made by section eighty-three of this act shall not affect
the expiration of such subparagraph and shall be deemed to expire there-
with;  provided  further  that  the  amendments  to section 689-a of the
education law made by section ninety-four of this act shall  not  affect
the repeal of such section and shall be deemed to be repealed therewith.