NY State Senate Bill 2021-S4219

Senate Bill S4219

2021-2022 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 Higher Education 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to higher education
Mar 02, 2021	reported and committed to finance
Feb 03, 2021	referred to higher education

Votes

- Mar 2, 2021 - Higher Education Committee Vote
  S4219
  
  11
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Higher Education Committee Vote: Mar 2, 2021
      
      aye (11)
      
      Boyle
      
      Cooney
      
      Gaughran
      
      Gounardes
      
      Griffo
      
      Jackson
      
      Liu
      
      Oberacker
      
      Parker
      
      Rivera
      
      Stavisky

co-Sponsors

View additional co-sponsors

2021-S4219 (ACTIVE) - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§355 & 6206, Ed L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7648
2017-2018: S1596, S7259
2019-2020: S3549

2021-S4219 (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.

2021-S4219 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4219

SPONSOR: STAVISKY
 
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 2021-2022. 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 hospitals 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 2017 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:

Introduced in a previous legislative session.

 
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.

2021-S4219 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4219
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced by Sens. STAVISKY, ADDABBO, KRUEGER -- 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 (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, is amended to read as follows:
   (vi) BEGINNING IN STATE FISCAL YEAR TWO THOUSAND TWENTY-TWO--TWO THOU-
 SAND TWENTY-THREE AND THEREAFTER, THE STATE SHALL APPROPRIATE  AND  MAKE
 AVAILABLE  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 AVAIL-
 ABLE  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 STATE UNIVERSITY AND THE STATE UNIVERSITY
 HEALTH SCIENCE CENTERS, WHICH SHALL INCLUDE,  BUT  NOT  BE  LIMITED  TO,
 COLLECTIVE  BARGAINING  COSTS  INCLUDING SALARY INCREMENTS, FRINGE BENE-
 FITS, AND OTHER NON-PERSONAL SERVICE COSTS SUCH AS UTILITY COSTS, BUILD-
 ING 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  GOVER-
 NOR  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  UNIVER-
 SITY  MAY  BE  REDUCED IN A MANNER PROPORTIONATE TO ONE ANOTHER, AND THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07347-01-1

 S. 4219                             2
 
 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. Paragraph (a) of subdivision 7 of section 6206 of  the  education
 law is amended by adding a new subparagraph (vi) to read as follows:
   (VI) BEGINNING IN STATE FISCAL YEAR TWO THOUSAND TWENTY-ONE--TWO THOU-
 SAND  TWENTY-THREE  AND THEREAFTER, THE STATE SHALL APPROPRIATE AND MAKE
 AVAILABLE GENERAL FUND OPERATING SUPPORT AND FRINGE  BENEFITS,  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, 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 S4219

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Sponsored By

Toby Ann Stavisky

Archive: Last Bill Status - In Senate Committee Higher Education Committee

co-Sponsors

Joseph P. Addabbo Jr.

James Gaughran

Andrew Gounardes

Liz Krueger

2021-S4219 (ACTIVE) - Details

2021-S4219 (ACTIVE) - Summary

2021-S4219 (ACTIVE) - Sponsor Memo

2021-S4219 (ACTIVE) - Bill Text download pdf

Comments