S T A T E O F N E W Y O R K
________________________________________________________________________
1183
2019-2020 Regular Sessions
I N A S S E M B L Y
January 14, 2019
___________
Introduced by M. of A. GLICK, DICKENS, ZEBROWSKI, LUPARDO, BARRON, COOK,
GUNTHER, JAFFEE, WILLIAMS, LIFTON, ENGLEBRIGHT, LAVINE, D'URSO,
ABBATE, EPSTEIN, SEAWRIGHT, L. ROSENTHAL, BLAKE, GOTTFRIED, STIRPE,
CRESPO, COLTON, JONES, JEAN-PIERRE, SIMON, RIVERA, WALLACE, NIOU,
ARROYO, CAHILL, RAMOS, PICHARDO, WEPRIN, ORTIZ -- read once and
referred 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. 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]
NINETEEN--two thousand [twenty-one] TWENTY, 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 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 TWENTY--TWO THOUSAND
TWENTY-ONE AND THEREAFTER, THE STATE SHALL APPROPRIATE AND MAKE AVAIL-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05691-01-9
A. 1183 2
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-
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]
NINETEEN--two thousand [twenty-one] TWENTY, the state shall appropriate
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 TWENTY--TWO THOUSAND
TWENTY-ONE 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,
A. 1183 3
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, 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.