NY State Senate Bill 2017-S7259A

Senate Bill S7259A

Vetoed By Governor

2017-2018 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 - Vetoed by Governor

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 28, 2018	vetoed memo.356
Dec 18, 2018	delivered to governor
Jun 19, 2018	returned to senate passed assembly ordered to third reading rules cal.251 substituted for a10620
Jun 13, 2018	referred to ways and means delivered to assembly passed senate
May 14, 2018	advanced to third reading
May 09, 2018	2nd report cal.
May 08, 2018	1st report cal.1109
Apr 11, 2018	print number 7259a
Apr 11, 2018	amend and recommit to finance
Jan 22, 2018	reported and committed to finance
Jan 05, 2018	referred to higher education

Votes

- Jun 13, 2018 - Floor Vote
  S7259A
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 13, 2018
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (3)
      
      Amedore
      
      Croci
      
      Sepúlveda
  Jan 22, 2018 - Higher Education Committee Vote
  S7259A
  
  19
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Higher Education Committee Vote: Jan 22, 2018
      
      aye (19)
      
      Alcantara
      
      Bailey
      
      Breslin
      
      Croci
      
      Funke
      
      Gallivan
      
      Griffo
      
      Helming
      
      Krueger
      
      LaValle
      
      Ortt
      
      Parker
      
      Peralta
      
      Ritchie
      
      Rivera
      
      Robach
      
      Serino
      
      Seward
      
      Stavisky
  May 8, 2018 - Finance Committee Vote
  S7259A
  
  37
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Finance Committee Vote: May 8, 2018
      
      aye (37)
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Dilan
      
      Felder
      
      Gallivan
      
      Golden
      
      Griffo
      
      Hannon
      
      Kaminsky
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      O'Mara
      
      Parker
      
      Peralta
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Savino
      
      Seward
      
      Stavisky
      
      Valesky
      
      Young

Bill Amendments

Original

A (Active)

2017-S7259 - Details

See Assembly Version of this Bill:: A10620
Law Section:: Education Law
Laws Affected:: Amd §§355 & 6206, Ed L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7648, A10021
2019-2020: S3549, A1183
2021-2022: S4219, A5473

2017-S7259 - 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.

2017-S7259 - Sponsor Memo

                                
 
BILL NUMBER: S7259

SPONSOR: LAVALLE
 
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 popu-
lations 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 fund-
ing 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 allowed to expire at
the end of the 2016-17 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:

2017 S.1596A (Veto# 204);
2016 S.7648/A.10021.

 
FISCAL IMPLICATIONS:

To be determined.

 
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 subdi-
vision 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 para-
graph pursuant to chapter 260 of the laws of 2011, as amended, when upon
such date section four of this act shall take effect.

2017-S7259 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7259
 
                             I N  S E N A T E
 
                              January 5, 2018
                                ___________
 
 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 (v) of subparagraph 4 of paragraph h of subdivision
 2 of section 355 of the education law, as amended by section 1  of  part
 JJJ of chapter 59 of the laws of 2017, is amended to read as follows:
   (v)  Beginning  in state fiscal year two thousand seventeen--two thou-
 sand eighteen [and ending in state fiscal year two thousand  twenty--two
 thousand  twenty-one]  AND  THEREAFTER,  the state shall appropriate and
 make available general fund operating support[,  including]  AND  fringe
 benefits,  for  the  state  university  AND  THE STATE UNIVERSITY HEALTH
 SCIENCE CENTERS in an amount not less than the  [amount]  AMOUNTS  SEPA-
 RATELY  appropriated  and made available in the prior state fiscal year;
 PROVIDED, FURTHER, THE STATE SHALL APPROPRIATE AND MAKE AVAILABLE GENER-
 AL 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, AND ANY INCREASE IN THE TUITION CREDIT PURSUANT TO SECTION  SIX
 HUNDRED  EIGHTY-NINE-A OF THIS TITLE AS TUITION INCREASES ARE ENACTED BY
 THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY; provided,  however,  that
 if the governor declares a fiscal emergency, and communicates such emer-
 gency to the temporary president of the senate and speaker of the assem-
 bly,  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; provided further, the
 state shall appropriate and make available general fund support to fully
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03117-05-8

 S. 7259                             2
 
 fund the tuition credit pursuant  to  subdivision  two  of  section  six
 hundred sixty-nine-h of this title.
   §  2.  Subparagraph  (v)  of paragraph (a) of subdivision 7 of section
 6206 of the education law, as amended by section 2 of part JJJ of  chap-
 ter 59 of the laws of 2017, is amended to read as follows:
   (v)  Beginning  in state fiscal year two thousand seventeen--two thou-
 sand eighteen and [ending in state fiscal year two thousand  twenty--two
 thousand  twenty-one]  THEREAFTER,  the state shall appropriate and make
 available general fund operating support[, including] AND  fringe  bene-
 fits,  for  the  city university in an amount not less than the [amount]
 AMOUNTS SEPARATELY appropriated 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, COLLEC-
 TIVE 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 CITY UNIVERSITY, AND ANY
 INCREASE IN THE TUITION CREDIT PURSUANT TO SECTION SIX  HUNDRED  EIGHTY-
 NINE-A  OF THIS CHAPTER AS TUITION INCREASES ARE ENACTED BY THE BOARD OF
 TRUSTEES OF THE CITY UNIVERSITY; 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  univer-
 sity  may  be  reduced in a manner proportionate to one another, and the
 aforementioned provisions shall not apply; provided further,  the  state
 shall  appropriate and make available general fund support to fully fund
 the tuition credit pursuant to subdivision two of  section  six  hundred
 sixty-nine-h of this chapter.
   § 3. 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  not  affect  the  expiration  and  reversion of such subparagraph
 pursuant to chapter 260 of the laws  of  2011,  as  amended,  and  shall
 expire therewith; and
   (b)  the  amendments to paragraph (a) of subdivision 7 of section 6206
 of the education law made by section two of this act  shall  not  affect
 the  expiration  and reversion of such paragraph pursuant to chapter 260
 of the laws of 2011, as amended, and shall expire therewith.

co-Sponsors

2017-S7259A (ACTIVE) - Details

See Assembly Version of this Bill:: A10620
Law Section:: Education Law
Laws Affected:: Amd §§355 & 6206, Ed L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7648, A10021
2019-2020: S3549, A1183
2021-2022: S4219, A5473

2017-S7259A (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.

2017-S7259A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7259A

SPONSOR: LAVALLE
 
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
SUNY's maintenance of effort provision. This legislation also adds
building rentals and fringe benefits to items that should be included in
the Maintenance of Effort provision for the SUNY and CUNY systems. This
bill will make the MOE permanent going forward, starting in state fiscal
year 2019-2020. This also would include the TAP credit, pursuant to

Education Law section 689-a, in mandatory costs that should be covered
under the maintenance of effort provision.

 
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 popu-
lations and for their role in providing unique life-saving services not
generally offered by private hospitals.  These include burn units serv-
ing 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 (MOE) 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 finan-
cial problems of these institutions, it is desperately needed to help
stop the bleeding of state disinvestment to these critical state facili-
ties.

This bill also clarified what is to be included 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 allowed to expire at
the end of the 2016-17 fiscal year. In 2017-2018 budget, the basic main-
tenance of effort provisions were restored. The Legislature passed these
more robust MOE measures in 2917 through both houses and this legis-
lation was vetoed for a second time. The need for a comprehensive,
robust 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:

2017 S.1596A (Veto  204); 2016 S.7648/A.10021.

 
FISCAL IMPLICATIONS:

To be determined.

 
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 by section one of this act shall
not the expiration and reversion of such subparagraph pursuant to chap-
ter 260 of the laws of 2011, as amended, and shall expire therewith; and
(b) the amendments to paragraph (a) of subdivision 7 of section 6206 of
the education law made by section two of this act shall not affect the
expiration and reversion of such paragraph pursuant to chapter 260 of
the laws of 2011, as amended, and shall expire therewith.

2017-S7259A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7259--A
 
                             I N  S E N A T E
 
                              January 5, 2018
                                ___________
 
 Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Higher  Education  --
   reported  favorably from said committee and committed to the Committee
   on Finance -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the education law, in relation to  state  appropriations
   to  the  state  university  of New York and the city university of New
   York
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Clauses  (v) and (vi) of subparagraph 4 of paragraph h of
 subdivision 2 of section 355 of the education law, as amended by section
 1 of part JJJ of chapter 59 of the laws of 2017, are amended to read  as
 follows:
   (v)  Beginning  in state fiscal year two thousand seventeen--two thou-
 sand eighteen and ending in state  fiscal  year  two  thousand  [twenty]
 EIGHTEEN--two  thousand [twenty-one] NINETEEN, the state shall appropri-
 ate 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 propor-
 tionate to one another, and  the  aforementioned  provisions  shall  not
 apply;  provided further, the state shall appropriate and make available
 general fund support to fully fund the tuition credit pursuant to subdi-
 vision two of section six hundred sixty-nine-h of this title.
   (vi) BEGINNING IN STATE FISCAL YEAR TWO THOUSAND  NINETEEN--TWO  THOU-
 SAND  TWENTY AND THEREAFTER, THE STATE SHALL APPROPRIATE AND MAKE AVAIL-
 ABLE GENERAL FUND OPERATING SUPPORT AND FRINGE BENEFITS, 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD03117-06-8

 S. 7259--A                          2
 
 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, AND ANY INCREASE IN THE TUITION
 CREDIT  PURSUANT  TO  SECTION SIX HUNDRED EIGHTY-NINE-A OF THIS TITLE AS
 TUITION INCREASES ARE ENACTED BY THE BOARD  OF  TRUSTEES  OF  THE  STATE
 UNIVERSITY;  PROVIDED,  HOWEVER,  THAT IF THE GOVERNOR 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 AT THE STATE UNIVERSITY AND CITY UNIVERSITY MAY BE REDUCED IN A
 MANNER  PROPORTIONATE  TO ONE ANOTHER, AND THE AFOREMENTIONED PROVISIONS
 SHALL NOT APPLY; PROVIDED FURTHER, THE STATE SHALL APPROPRIATE AND  MAKE
 AVAILABLE GENERAL FUND SUPPORT TO FULLY FUND THE TUITION CREDIT PURSUANT
 TO SUBDIVISION TWO OF SECTION SIX HUNDRED SIXTY-NINE-H OF THIS TITLE.
   (VII)  For  the  state university fiscal years commencing two thousand
 eleven--two thousand twelve and ending two thousand  fifteen--two  thou-
 sand  sixteen,  each  university  center  may set aside a portion of its
 tuition revenues derived from tuition  increases  to  provide  increased
 financial  aid  for New York state resident undergraduate students whose
 net taxable income is eighty thousand dollars or  more  subject  to  the
 approval  of  a NY-SUNY 2020 proposal by the governor and the chancellor
 of the state university of New York. Nothing in this paragraph shall  be
 construed  as  to  authorize  that  students whose net taxable income is
 eighty thousand dollars or more  are  eligible  for  tuition  assistance
 program  awards  pursuant  to  section  six  hundred sixty-seven of this
 [chapter] TITLE.
   § 2. Subparagraph (v) of paragraph (a) of  subdivision  7  of  section
 6206  of the education law, as amended by section 2 of part JJJ of chap-
 ter 59 of the laws of 2017, is amended and a new  subparagraph  (vi)  is
 added to read as follows:
   (v)  Beginning  in state fiscal year two thousand seventeen--two thou-
 sand eighteen and ending in state  fiscal  year  two  thousand  [twenty]
 EIGHTEEN--two  thousand [twenty-one] NINETEEN, the state shall appropri-
 ate and make available general fund operating support, including  fringe
 benefits,  for the city 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  propor-
 tionate  to  one  another,  and  the aforementioned provisions shall not
 apply; provided further, the state shall appropriate and make  available
 general fund support to fully fund the tuition credit pursuant to subdi-
 vision two of section six hundred sixty-nine-h of this chapter.
   (VI)  BEGINNING  IN STATE FISCAL YEAR TWO THOUSAND NINETEEN--TWO THOU-
 SAND TWENTY AND THEREAFTER, THE STATE SHALL APPROPRIATE AND MAKE  AVAIL-
 ABLE  GENERAL  FUND  OPERATING SUPPORT AND FRINGE BENEFITS, FOR THE CITY
 UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNTS  SEPARATELY  APPROPRI-
 ATED  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

 S. 7259--A                          3
 
 SERVICE COSTS SUCH AS UTILITY COSTS, BUILDING RENTALS AND  OTHER  INFLA-
 TIONARY  EXPENSES  INCURRED  BY THE CITY UNIVERSITY, AND ANY INCREASE IN
 THE TUITION CREDIT PURSUANT TO SECTION SIX HUNDRED EIGHTY-NINE-A OF THIS
 CHAPTER AS TUITION INCREASES ARE ENACTED BY THE BOARD OF TRUSTEES OF THE
 STATE  UNIVERSITY;  PROVIDED,  HOWEVER,  THAT IF THE GOVERNOR DECLARES A
 FISCAL EMERGENCY, AND COMMUNICATES SUCH EMERGENCY TO THE TEMPORARY PRES-
 IDENT OF THE SENATE AND THE 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; PROVIDED FURTHER, THE STATE SHALL  APPROPRI-
 ATE  AND  MAKE  AVAILABLE GENERAL FUND SUPPORT TO FULLY FUND THE TUITION
 CREDIT PURSUANT TO SUBDIVISION TWO OF SECTION SIX  HUNDRED  SIXTY-NINE-H
 OF THIS CHAPTER.
   § 3. 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  not  affect  the  expiration  and  reversion of such subparagraph
 pursuant to chapter 260 of the laws  of  2011,  as  amended,  and  shall
 expire therewith; and
   (b)  the  amendments to paragraph (a) of subdivision 7 of section 6206
 of the education law made by section two of this act  shall  not  affect
 the  expiration  and reversion of such paragraph pursuant to chapter 260
 of the laws of 2011, as amended, and shall expire therewith.

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Senate Bill S7259A

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Sponsored By

Kenneth P. LaValle