NY State Senate Bill 2015-S7648A

Senate Bill S7648A

2015-2016 Legislative Session

Relates to state appropriations to the state university of New York and the city university of New York

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 24, 2016	reported and committed to finance
May 18, 2016	print number 7648a
May 18, 2016	amend and recommit to higher education
May 12, 2016	referred to higher education

Votes

- May 24, 2016 - Higher Education Committee Vote
  S7648A
  
  17
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Higher Education Committee Vote: May 24, 2016
      
      aye (17)
      
      Breslin
      
      Croci
      
      Espaillat
      
      Funke
      
      Gallivan
      
      Griffo
      
      Krueger
      
      LaValle
      
      Ortt
      
      Parker
      
      Peralta
      
      Ritchie
      
      Robach
      
      Serino
      
      Stavisky
      
      Valesky
      
      Venditto
      
      aye wr (1)
      
      Rivera
      
      excused (1)
      
      Seward

Bill Amendments

Original

A (Active)

2015-S7648 - Details

See Assembly Version of this Bill:: A10021
Current Committee:: Senate Finance
Law Section:: Education Law
Laws Affected:: Amd §§355 & 6206, Ed L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S1596, S7259, A934, A10620
2019-2020: S3549, A1183
2021-2022: S4219, A5473

2015-S7648 - Summary

Clarifies that the SUNY health science centers are included in the maintenance of effort provision pursuant to Chapter 260 of the Laws of 2011.

2015-S7648 - Sponsor Memo

                                 BILL NUMBER:  S7648

 TITLE OF BILL :

An act to amend the education law, in relation to state appropriations
to the state university of New York and the city university of New
York

 PURPOSE :

To include SUNY's health care science centers in the SUNY maintenance
of effort provision.

 SUMMARY OF PROVISIONS :

Amends section 355 and section 6206 of the education law by adding
SUNY health science centers to clarify that these facilities are
included in the SUNY's maintenance of effort provision. It also adds
building rental and SUNY's maintenance of effort provision. It also
adds building rental and fringe benefits to items which should be
included in the Maintenance of Effort for the SUNY and CUNY systems.
This bill will make the MOE permanent and disconnect it from Tuition
Increase bill Chapter 260 of 2011.

 JUSTIFICATION :

State support for SUNY's health science centers as created more than
20 years ago to recognize that the State has a responsibility to at
least partially compensate these hospitals for their service to
indigent populations and for the role they play in providing unique
life saving services not generally offered by private hospitals.
These include burn units serving as the poison control centers and the
major trauma centers for their regions and other vital services.
Moreover, they fulfill an important academic mission in producing many
of the State's physicians and other medical professionals.

While SUNY's hospital are a major part of the State University and
play a critical role in providing essential health care service to the
State and communities they serve, the State has consistently reduced
funding to these institutions over the last decade. In 2010, State
support was reduced by almost 47 percent. These cuts have placed these
institutions in serious financial jeopardy and have threatened their
ability to carry out their health care service and academic missions.
The enactment of this legislation is necessary to clarify that the
Legislature intended for the health science centers to be part of the
State's maintenance of effort provision pursuant to the NY SUNY 2020
legislation enacted in 2011, so that at a minimum, they will receive
prior year levels of funding from the State. While this legislation
will not solve the financial problems of these institutions, it is
desperately needed to help stop the bleeding of state disinvestment to
these critical state facilities.

This bill also clarified what is to be include in the MOE besides the
SUNY hospitals. It shall include collective bargaining costs including
salary increments, fringe benefits and other non personal services
costs such as utility costs and other inflationary expenses incurred
by the State University and the City University.

When the Governor vetoed this bill in 2015, he stated that he wanted
to discuss maintenance of effort in the context of the budget. In the
2016-17 enacted budget, maintenance of effort was ended entirely after
this current fiscal year. The need for maintenance of effort is vital
and considering the cuts that will occur to both SUNY and CUNY, the
State must provide its share of support and show its commitment to New
York State Higher Education Systems.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

TBD

 EFFECTIVE DATE :
This act shall take effect immediately provide that: (a) the
amendments to subparagraph 4 of paragraph h of subdivision 2 of
section 355 of the education law made b y section one of this act
shall be subject to the expiration and reversion of such subparagraph
pursuant to chapter 260 of the laws of 2011, as amended, when upon
such date section two of this act shall take effect; and (b) the
amendments to paragraph (a) of subdivision 7 of section 6206 of the
education law made by section three of this act shall be subject to
the expiration and reversion of such paragraph pursuant to chapter 260
of the laws of 2011, as amended, when upon such date section four of
this act shall take effect.

2015-S7648 - Bill Text download pdf

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

                                  7648

                            I N  S E N A T E

                              May 12, 2016
                               ___________

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

AN ACT to amend the education law, in relation to  state  appropriations
  to  the  state  university  of New York and the city university of New
  York

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Clause (iv) of subparagraph 4 of paragraph h of subdivision
2 of section 355 of the education law, as amended by section 1 of part D
of  chapter  54  of the laws of 2016, is renumbered clause (v) and a new
clause (iv) is added to read as follows:
  (IV) 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
SIXTEEN--TWO THOUSAND SEVENTEEN AND THEREAFTER, THE STATE  SHALL  APPRO-
PRIATE  AND  MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT FOR THE STATE
UNIVERSITY AND THE STATE UNIVERSITY HEALTH SCIENCE CENTERS IN AN  AMOUNT
NOT  LESS THAN THE AMOUNTS SEPARATELY APPROPRIATED AND MADE AVAILABLE IN
THE PRIOR STATE FISCAL YEAR; PROVIDED, FURTHER, THE STATE  SHALL  APPRO-
PRIATE  AND  MAKE  AVAILABLE GENERAL FUND OPERATING SUPPORT TO COVER ALL
MANDATORY COSTS OF THE STATE UNIVERSITY AND THE STATE UNIVERSITY  HEALTH
SCIENCE  CENTERS, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, COLLECTIVE
BARGAINING COSTS INCLUDING SALARY INCREMENTS, FRINGE BENEFITS, AND OTHER
NON-PERSONAL SERVICE COSTS SUCH AS UTILITY COSTS, BUILDING  RENTALS  AND
OTHER  INFLATIONARY  EXPENSES  INCURRED  BY THE STATE UNIVERSITY AND THE
STATE UNIVERSITY HEALTH  SCIENCE  CENTERS.  IF  THE  GOVERNOR,  HOWEVER,
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 UNIVER-
SITY MAY BE REDUCED IN A MANNER PROPORTIONATE TO ONE  ANOTHER,  AND  THE
AFOREMENTIONED PROVISIONS SHALL NOT APPLY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15241-02-6

S. 7648                             2

  S  2. The opening paragraph of subparagraph 4 of paragraph h of subdi-
vision 2 of section 355 of the education law, as amended by chapter  437
of  the  laws of 2015, is designated clause (i) and a new clause (ii) is
added to read as follows:
  (II)  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
SIXTEEN--TWO  THOUSAND  SEVENTEEN AND THEREAFTER, THE STATE SHALL APPRO-
PRIATE AND MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT FOR  THE  STATE
UNIVERSITY  AND THE STATE UNIVERSITY HEALTH SCIENCE CENTERS IN AN AMOUNT
NOT LESS THAN THE AMOUNTS SEPARATELY APPROPRIATED AND MADE AVAILABLE  IN
THE  PRIOR  STATE FISCAL YEAR; PROVIDED, FURTHER, THE STATE SHALL APPRO-
PRIATE AND MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT  TO  COVER  ALL
MANDATORY  COSTS OF THE STATE UNIVERSITY AND THE STATE UNIVERSITY HEALTH
SCIENCE CENTERS, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO,  COLLECTIVE
BARGAINING COSTS INCLUDING SALARY INCREMENTS, FRINGE BENEFITS, AND OTHER
NON-PERSONAL  SERVICE  COSTS SUCH AS UTILITY COSTS, BUILDING RENTALS AND
OTHER INFLATIONARY EXPENSES INCURRED BY THE  STATE  UNIVERSITY  AND  THE
STATE  UNIVERSITY  HEALTH  SCIENCE  CENTERS.  IF  THE GOVERNOR, HOWEVER,
DECLARES A FISCAL EMERGENCY, AND  COMMUNICATES  SUCH  EMERGENCY  TO  THE
TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY, THE STATE
SUPPORT  FOR OPERATING EXPENSES AT THE STATE UNIVERSITY AND CITY UNIVER-
SITY MAY BE REDUCED IN A MANNER PROPORTIONATE TO ONE  ANOTHER,  AND  THE
AFOREMENTIONED PROVISIONS SHALL NOT APPLY.
  S  3.  Paragraph (a) of subdivision 7 of section 6206 of the education
law, as amended by section 2 of part D of chapter  54  of  the  laws  of
2016, is amended by adding a new subparagraph (iv) to read as follows:
  (IV)  THE  STATE  SHALL  APPROPRIATE ANNUALLY AND MAKE AVAILABLE STATE
SUPPORT FOR OPERATING EXPENSES, INCLUDING FRINGE BENEFITS, FOR THE  CITY
UNIVERSITY  IN  AN AMOUNT NOT LESS THAT THE AMOUNT APPROPRIATED AND MADE
AVAILABLE TO THE CITY UNIVERSITY  IN  STATE  FISCAL  YEAR  TWO  THOUSAND
ELEVEN--TWO THOUSAND TWELVE. BEGINNING IN STATE FISCAL YEAR TWO THOUSAND
SIXTEEN--TWO  THOUSAND  SEVENTEEN AND THEREAFTER, THE STATE SHALL APPRO-
PRIATE AND MAKE AVAILABLE STATE SUPPORT FOR OPERATING  EXPENSE  FOR  THE
CITY UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNTS SEPARATELY APPRO-
PRIATED  AND  MADE  AVAILABLE  IN THE PRIOR STATE FISCAL YEAR; PROVIDED,
FURTHER, THE STATE SHALL APPROPRIATE AND  MAKE  AVAILABLE  GENERAL  FUND
OPERATING  SUPPORT  TO COVER ALL MANDATORY COSTS OF THE CITY UNIVERSITY,
WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, COLLECTIVE BARGAINING COSTS,
INCLUDING SALARY INCREMENTS, FRINGE  BENEFITS,  AND  OTHER  NON-PERSONAL
SERVICE  COSTS  SUCH AS UTILITY COSTS, BUILDING RENTALS AND OTHER INFLA-
TIONARY EXPENSES INCURRED BY  THE  CITY  UNIVERSITY.  IF  THE  GOVERNOR,
HOWEVER, DECLARES A FISCAL EMERGENCY, AND COMMUNICATES SUCH EMERGENCY TO
THE  TEMPORARY  PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY,
STATE SUPPORT FOR OPERATING EXPENSES OF THE STATE  UNIVERSITY  AND  CITY
UNIVERSITY  MAY BE REDUCED IN A MANNER PROPORTIONATE TO ONE ANOTHER, AND
THE AFOREMENTIONED PROVISIONS SHALL NOT APPLY.
  S 4. Paragraph (a) of subdivision 7 of section 6206 of  the  education
law, as amended by chapter 327 of the laws of 2002, is amended by adding
a new subparagraph (iv) to read as follows:
  (IV)  THE  STATE  SHALL  APPROPRIATE ANNUALLY AND MAKE AVAILABLE STATE
SUPPORT FOR OPERATING EXPENSES, INCLUDING FRINGE BENEFITS, FOR THE  CITY
UNIVERSITY  IN  AN AMOUNT NOT LESS THAN THE AMOUNT APPROPRIATED AND MADE
AVAILABLE TO THE CITY UNIVERSITY  IN  STATE  FISCAL  YEAR  TWO  THOUSAND

S. 7648                             3

ELEVEN--TWO THOUSAND TWELVE. BEGINNING IN STATE FISCAL YEAR TWO THOUSAND
SIXTEEN--TWO  THOUSAND  SEVENTEEN AND THEREAFTER, THE STATE SHALL APPRO-
PRIATE AND MAKE AVAILABLE STATE SUPPORT FOR OPERATING EXPENSES  FOR  THE
CITY UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNTS SEPARATELY APPRO-
PRIATED  AND  MADE  AVAILABLE  IN THE PRIOR STATE FISCAL YEAR; PROVIDED,
FURTHER, THE STATE SHALL APPROPRIATE AND  MAKE  AVAILABLE  GENERAL  FUND
OPERATING  SUPPORT  TO COVER ALL MANDATORY COSTS OF THE CITY UNIVERSITY,
WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, COLLECTIVE BARGAINING COSTS,
INCLUDING SALARY INCREMENTS, FRINGE  BENEFITS,  AND  OTHER  NON-PERSONAL
SERVICE  COSTS  SUCH AS UTILITY COSTS, BUILDING RENTALS AND OTHER INFLA-
TIONARY EXPENSES INCURRED BY THE CITY  UNIVERSITY.    IF  THE  GOVERNOR,
HOWEVER, 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 OF THE STATE UNIVERSITY AND CITY UNIVER-
SITY MAY BE REDUCED IN A MANNER PROPORTIONATE TO ONE  ANOTHER,  AND  THE
AFOREMENTIONED PROVISIONS SHALL NOT APPLY.
  S 5. This act shall take effect immediately provided that:
  (a)  the  amendments to subparagraph 4 of paragraph h of subdivision 2
of section 355 of the education law made by  section  one  of  this  act
shall  be  subject  to the expiration and reversion of such subparagraph
pursuant to chapter 260 of the laws of 2011, as amended, when upon  such
date section two of this act shall take effect; and
  (b)  the  amendments to paragraph (a) of subdivision 7 of section 6206
of the education law made by section three of this act shall be  subject
to  the  expiration  and reversion of such paragraph pursuant to chapter
260 of the laws of 2011, as amended, when upon such date section four of
this act shall take effect.

co-Sponsors

2015-S7648A (ACTIVE) - Details

See Assembly Version of this Bill:: A10021
Current Committee:: Senate Finance
Law Section:: Education Law
Laws Affected:: Amd §§355 & 6206, Ed L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S1596, S7259, A934, A10620
2019-2020: S3549, A1183
2021-2022: S4219, A5473

2015-S7648A (ACTIVE) - Summary

Clarifies that the SUNY health science centers are included in the maintenance of effort provision pursuant to Chapter 260 of the Laws of 2011.

2015-S7648A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7648A

 TITLE OF BILL :

An act to amend the education law, in relation to state appropriations
to the state university of New York and the city university of New
York

 PURPOSE :

To include SUNY's health care science centers in the SUNY maintenance
of effort provision.

 SUMMARY OF PROVISIONS :

Amends section 355 and section 6206 of the education law by adding
SUNY health science centers to clarify that these facilities are
included in the SUNY's maintenance of effort provision. It also adds
building rental and SUNY's maintenance of effort provision. It also
adds building rental and fringe benefits to items which should be
included in the Maintenance of Effort for the SUNY and CUNY systems.
This bill will make the MOE permanent and disconnect it from Tuition
Increase bill Chapter 260 of 2011.

 JUSTIFICATION :

State support for SUNY's health science centers as created more than
20 years ago to recognize that the State has a responsibility to at
least partially compensate these hospitals for their service to
indigent populations and for the role they play in providing unique
life saving services not generally offered by private hospitals.
These include burn units serving as the poison control centers and the
major trauma centers for their regions and other vital services.
Moreover, they fulfill an important academic mission in producing many
of the State's physicians and other medical professionals.

While SUNY's hospital are a major part of the State University and
play a critical role in providing essential health care service to the
State and communities they serve, the State has consistently reduced
funding to these institutions over the last decade. In 2010, State
support was reduced by almost 47 percent. These cuts have placed these
institutions in serious financial jeopardy and have threatened their
ability to carry out their health care service and academic missions.
The enactment of this legislation is necessary to clarify that the
Legislature intended for the health science centers to be part of the
State's maintenance of effort provision pursuant to the NY SUNY 2020
legislation enacted in 2011, so that at a minimum, they will receive
prior year levels of funding from the State. While this legislation
will not solve the financial problems of these institutions, it is
desperately needed to help stop the bleeding of state disinvestment to
these critical state facilities.

This bill also clarified what is to be include in the MOE besides the
SUNY hospitals. It shall include collective bargaining costs including
salary increments, fringe benefits and other non personal services
costs such as utility costs and other inflationary expenses incurred
by the State University and the City University.

When the Governor vetoed this bill in 2015, he stated that he wanted
to discuss maintenance of effort in the context of the budget. In the
2016-17 enacted budget, maintenance of effort was ended entirely after
this current fiscal year. The need for maintenance of effort is vital
and considering the cuts that will occur to both SUNY and CUNY, the
State must provide its share of support and show its commitment to New
York State Higher Education Systems.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

TBD

 EFFECTIVE DATE :
This act shall take effect immediately provide that: (a) the
amendments to subparagraph 4 of paragraph h of subdivision 2 of
section 355 of the education law made b y section one of this act
shall be subject to the expiration and reversion of such subparagraph
pursuant to chapter 260 of the laws of 2011, as amended, when upon
such date section two of this act shall take effect; and (b) the
amendments to paragraph (a) of subdivision 7 of section 6206 of the
education law made by section three of this act shall be subject to
the expiration and reversion of such paragraph pursuant to chapter 260
of the laws of 2011, as amended, when upon such date section four of
this act shall take effect.

2015-S7648A (ACTIVE) - Bill Text download pdf

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

                                 7648--A

                            I N  S E N A T E

                              May 12, 2016
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Higher  Education  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the education law, in relation to  state  appropriations
  to  the  state  university  of New York and the city university of New
  York

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Clause (iv) of subparagraph 4 of paragraph h of subdivision
2 of section 355 of the education law, as amended by section 1 of part D
of  chapter  54  of the laws of 2016, is renumbered clause (v) and a new
clause (iv) is added to read as follows:
  (IV) 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
SEVENTEEN--TWO THOUSAND EIGHTEEN AND THEREAFTER, THE STATE SHALL  APPRO-
PRIATE  AND  MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT FOR THE STATE
UNIVERSITY AND THE STATE UNIVERSITY HEALTH SCIENCE CENTERS IN AN  AMOUNT
NOT  LESS THAN THE AMOUNTS SEPARATELY APPROPRIATED AND MADE AVAILABLE IN
THE PRIOR STATE FISCAL YEAR; PROVIDED, FURTHER, THE STATE  SHALL  APPRO-
PRIATE  AND  MAKE  AVAILABLE GENERAL FUND OPERATING SUPPORT TO COVER ALL
MANDATORY COSTS OF THE STATE UNIVERSITY AND THE STATE UNIVERSITY  HEALTH
SCIENCE  CENTERS, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, COLLECTIVE
BARGAINING COSTS INCLUDING SALARY INCREMENTS, FRINGE BENEFITS, AND OTHER
NON-PERSONAL SERVICE COSTS SUCH AS UTILITY COSTS, BUILDING  RENTALS  AND
OTHER  INFLATIONARY  EXPENSES  INCURRED  BY THE STATE UNIVERSITY AND THE
STATE UNIVERSITY HEALTH  SCIENCE  CENTERS.  IF  THE  GOVERNOR,  HOWEVER,
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 UNIVER-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15241-03-6

S. 7648--A                          2

SITY MAY BE REDUCED IN A MANNER PROPORTIONATE TO ONE  ANOTHER,  AND  THE
AFOREMENTIONED PROVISIONS SHALL NOT APPLY.
  S  2. The opening paragraph of subparagraph 4 of paragraph h of subdi-
vision 2 of section 355 of the education law, as amended by chapter  437
of  the  laws of 2015, is designated clause (i) and a new clause (ii) is
added to read as follows:
  (II) 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
SEVENTEEN--TWO THOUSAND EIGHTEEN AND THEREAFTER, THE STATE SHALL  APPRO-
PRIATE  AND  MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT FOR THE STATE
UNIVERSITY AND THE STATE UNIVERSITY HEALTH SCIENCE CENTERS IN AN  AMOUNT
NOT  LESS THAN THE AMOUNTS SEPARATELY APPROPRIATED AND MADE AVAILABLE IN
THE PRIOR STATE FISCAL YEAR; PROVIDED, FURTHER, THE STATE  SHALL  APPRO-
PRIATE  AND  MAKE  AVAILABLE GENERAL FUND OPERATING SUPPORT TO COVER ALL
MANDATORY COSTS OF THE STATE UNIVERSITY AND THE STATE UNIVERSITY  HEALTH
SCIENCE  CENTERS, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, COLLECTIVE
BARGAINING COSTS INCLUDING SALARY INCREMENTS, FRINGE BENEFITS, AND OTHER
NON-PERSONAL SERVICE COSTS SUCH AS UTILITY COSTS, BUILDING  RENTALS  AND
OTHER  INFLATIONARY  EXPENSES  INCURRED  BY THE STATE UNIVERSITY AND THE
STATE UNIVERSITY HEALTH  SCIENCE  CENTERS.  IF  THE  GOVERNOR,  HOWEVER,
DECLARES  A  FISCAL  EMERGENCY,  AND  COMMUNICATES SUCH EMERGENCY TO THE
TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY, THE STATE
SUPPORT FOR OPERATING EXPENSES AT THE STATE UNIVERSITY AND CITY  UNIVER-
SITY  MAY  BE  REDUCED IN A MANNER PROPORTIONATE TO ONE ANOTHER, AND THE
AFOREMENTIONED PROVISIONS SHALL NOT APPLY.
  S 3. Paragraph (a) of subdivision 7 of section 6206 of  the  education
law,  as  amended  by  section  2 of part D of chapter 54 of the laws of
2016, is amended by adding a new subparagraph (iv) to read as follows:
  (IV) THE STATE SHALL APPROPRIATE ANNUALLY  AND  MAKE  AVAILABLE  STATE
SUPPORT  FOR OPERATING EXPENSES, INCLUDING FRINGE BENEFITS, FOR THE CITY
UNIVERSITY IN AN AMOUNT NOT LESS THAT THE AMOUNT APPROPRIATED  AND  MADE
AVAILABLE  TO  THE  CITY  UNIVERSITY  IN  STATE FISCAL YEAR TWO THOUSAND
ELEVEN--TWO THOUSAND TWELVE. BEGINNING IN STATE FISCAL YEAR TWO THOUSAND
SEVENTEEN--TWO THOUSAND EIGHTEEN AND THEREAFTER, THE STATE SHALL  APPRO-
PRIATE  AND  MAKE  AVAILABLE STATE SUPPORT FOR OPERATING EXPENSE FOR THE
CITY UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNTS SEPARATELY APPRO-
PRIATED AND MADE AVAILABLE IN THE PRIOR  STATE  FISCAL  YEAR;  PROVIDED,
FURTHER,  THE  STATE  SHALL  APPROPRIATE AND MAKE AVAILABLE GENERAL FUND
OPERATING SUPPORT TO COVER ALL MANDATORY COSTS OF THE  CITY  UNIVERSITY,
WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, COLLECTIVE BARGAINING COSTS,
INCLUDING  SALARY  INCREMENTS,  FRINGE  BENEFITS, AND OTHER NON-PERSONAL
SERVICE COSTS SUCH AS UTILITY COSTS, BUILDING RENTALS AND  OTHER  INFLA-
TIONARY  EXPENSES  INCURRED  BY  THE  CITY  UNIVERSITY. IF THE GOVERNOR,
HOWEVER, DECLARES A FISCAL EMERGENCY, AND COMMUNICATES SUCH EMERGENCY TO
THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF  THE  ASSEMBLY,
STATE  SUPPORT  FOR  OPERATING EXPENSES OF THE STATE UNIVERSITY AND CITY
UNIVERSITY MAY BE REDUCED IN A MANNER PROPORTIONATE TO ONE ANOTHER,  AND
THE AFOREMENTIONED PROVISIONS SHALL NOT APPLY.
  S  4.  Paragraph (a) of subdivision 7 of section 6206 of the education
law, as amended by chapter 327 of the laws of 2002, is amended by adding
a new subparagraph (iv) to read as follows:
  (IV) THE STATE SHALL APPROPRIATE ANNUALLY  AND  MAKE  AVAILABLE  STATE
SUPPORT  FOR OPERATING EXPENSES, INCLUDING FRINGE BENEFITS, FOR THE CITY

S. 7648--A                          3

UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNT APPROPRIATED  AND  MADE
AVAILABLE  TO  THE  CITY  UNIVERSITY  IN  STATE FISCAL YEAR TWO THOUSAND
ELEVEN--TWO THOUSAND TWELVE. BEGINNING IN STATE FISCAL YEAR TWO THOUSAND
SEVENTEEN--TWO  THOUSAND EIGHTEEN AND THEREAFTER, THE STATE SHALL APPRO-
PRIATE AND MAKE AVAILABLE STATE SUPPORT FOR OPERATING EXPENSES  FOR  THE
CITY UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNTS SEPARATELY APPRO-
PRIATED  AND  MADE  AVAILABLE  IN THE PRIOR STATE FISCAL YEAR; PROVIDED,
FURTHER, THE STATE SHALL APPROPRIATE AND  MAKE  AVAILABLE  GENERAL  FUND
OPERATING  SUPPORT  TO COVER ALL MANDATORY COSTS OF THE CITY UNIVERSITY,
WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, COLLECTIVE BARGAINING COSTS,
INCLUDING SALARY INCREMENTS, FRINGE  BENEFITS,  AND  OTHER  NON-PERSONAL
SERVICE  COSTS  SUCH AS UTILITY COSTS, BUILDING RENTALS AND OTHER INFLA-
TIONARY EXPENSES INCURRED BY THE CITY  UNIVERSITY.    IF  THE  GOVERNOR,
HOWEVER, 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 OF THE STATE UNIVERSITY AND CITY UNIVER-
SITY MAY BE REDUCED IN A MANNER PROPORTIONATE TO ONE  ANOTHER,  AND  THE
AFOREMENTIONED PROVISIONS SHALL NOT APPLY.
  S 5. This act shall take effect immediately provided that:
  (a)  the  amendments to subparagraph 4 of paragraph h of subdivision 2
of section 355 of the education law made by  section  one  of  this  act
shall  be  subject  to the expiration and reversion of such subparagraph
pursuant to chapter 260 of the laws of 2011, as amended, when upon  such
date section two of this act shall take effect; and
  (b)  the  amendments to paragraph (a) of subdivision 7 of section 6206
of the education law made by section three of this act shall be  subject
to  the  expiration  and reversion of such paragraph pursuant to chapter
260 of the laws of 2011, as amended, when upon such date section four of
this act shall take effect.

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