The New York State Senate

                    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.