A. 8088 2
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
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-
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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.
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.
A. 8088 4
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:
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
A. 8088 5
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
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.
A. 8088 6
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:
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
A. 8088 7
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
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 law, as amended by chapter 762 of the laws of 1992 and
renumbered 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.
A. 8088 8
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-
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
A. 8088 9
New York] contemplated to be financed through the use of certificates of
participation.
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.
A. 8088 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
amended by chapter 106 of the laws of 2012, 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]; provided, however,
that the state university of New York [and the city university of New
York] shall be subject to the provisions of section one hundred sixty-
five-a of this article. 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:
A. 8088 11
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
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-
A. 8088 12
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
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
A. 8088 13
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
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
A. 8088 14
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.
(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;
A. 8088 15
(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
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.
A. 8088 16
(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-
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
A. 8088 17
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
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.
A. 8088 18
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-
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
A. 8088 19
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
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
A. 8088 20
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
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-
A. 8088 21
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
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
A. 8088 22
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
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
A. 8088 23
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 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
A. 8088 24
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 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
A. 8088 25
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
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-
A. 8088 26
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
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:
A. 8088 27
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 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-
A. 8088 28
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
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 section 15 of part L of chapter 55 of the
laws of 2012, is amended to read as follows:
(b) for procurement contracts in excess of ten thousand dollars and
less than fifty 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
A. 8088 29
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
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-
A. 8088 30
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
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-
A. 8088 31
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
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 authorities 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
A. 8088 32
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
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 authorities 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,
A. 8088 33
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
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
A. 8088 34
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
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
A. 8088 35
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-
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
A. 8088 36
[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
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-
A. 8088 37
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
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
A. 8088 38
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
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
A. 8088 39
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
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:
A. 8088 40
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
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
A. 8088 41
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 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-
A. 8088 42
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 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-
A. 8088 43
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
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
A. 8088 44
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
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,
A. 8088 45
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 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,
A. 8088 46
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
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
A. 8088 47
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
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
A. 8088 48
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
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
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recipient by the institution which are intended to fund any portion of
the difference between the annual state award and the actual costs of
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 the
undesignated paragraph of section 1680 of the public authorities law
made by section sixty-six of this act shall not affect the repeal of
such paragraph and shall be deemed repealed 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 therewith; provided further that the amendments to
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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.