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.