S T A T E O F N E W Y O R K
________________________________________________________________________
10628
I N S E N A T E
June 1, 2026
___________
Introduced by Sen. BASKIN -- (at request of the Department of Health) --
read twice and ordered printed, and when printed to be committed to
the Committee on Rules
AN ACT to amend the state finance law, in relation to the staffing and
operations of a cancer research institute and a related not-for-profit
corporation
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings and intent. In 1898, Dr. Roswell Park
founded the first institution in the world to focus exclusively on
cancer research. More than one hundred twenty years later, as the entity
that was once an arm of the New York state department of health ("DOH")
but is now a state public benefit corporation, Roswell Park Cancer
Institute ("RPCI") continues to be a model for cancer research centers
around the world. In fact, RPCI is one of the country's premier national
cancer institute ("NCI") designated cancer centers, and one of only two
in the entire state. The state has a paramount interest in ensuring the
continuation of RPCI's medical research, and the implementation of best
practices to support that research, as well as the protection of the
employees who provide those services.
The legislature finds that RPCI, in collaboration with organized labor
and other interested not-for-profit corporations, has the opportunity to
implement a more efficient and effective practice to grant adminis-
tration and management. The Health Research, Inc. ("HRI") was first
formed in 1953 to exclusively serve the research conducted by RPCI,
while RPCI was still an arm of DOH. The legislature finds that although
over the years, HRI's scope grew to perform many important services for
other state entities, the state will now benefit if all of the employees
that currently service RPCI through HRI are transferred to Roswell Park
Cancer Research Corporation ("RPCRC"), a private not-for-profit corpo-
ration exempt from taxation pursuant to Internal Revenue Code section
501(c)(3), formed to provide services and personnel for grant adminis-
tration. This employment transfer, however, is conditioned on ensuring
continuation of the terms and conditions of employment provided under
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16044-01-6
S. 10628 2
the existing collective bargaining agreement until that agreement's
expiration, and that the employment benefits afforded to HRI employees
currently servicing RPCI, are continued when they are transferred to
RPCRC. The legislature finds and affirms that this act's protections are
necessary and appropriate to fully effectuate this purpose.
§ 2. Paragraph (d) of subdivision 5 of section 53-a of the state
finance law, as amended by chapter 985 of the laws of 1973, is amended
to read as follows:
(d) certain membership corporations closely affiliated with specific
state agencies and whose purposes are essentially to support, supplement
or extend the functions and programs of such state agencies, specif-
ically: Youth Research Inc., The Research Foundation for Mental Hygiene,
Inc., Health Research Inc., ROSWELL PARK CANCER RESEARCH CORPORATION,
The Research Foundation of the State University of New York, and Welfare
Research Inc.
§ 3. Upon the transfer of operations of the Buffalo Division of Health
Research, Inc. ("HRI") to the Roswell Park Cancer Research Corporation
("RPCRC") pursuant to an agreement between HRI and RPCRC, all individ-
uals then employed by the Buffalo Division of HRI shall become employees
of RPCRC with equivalent offices, positions, and employment therewith.
Notwithstanding any other provision of law or agreement to the contrary,
the transfer of operations shall not occur until all applicable grants
and monies held by HRI are transferred to RPCRC; moreover, all applica-
ble employees shall be transferred to RPCRC on the same date, no earlier
than the transfer of operations from HRI to RPCRC.
Those persons who were employed in the Buffalo Division of HRI who
become employees of RPCRC shall retain their bargaining unit desig-
nation. RPCRC shall recognize the existing certified or recognized
employee organization for those employees as the exclusive collective
bargaining representative for such employees. Titles within the collec-
tive bargaining unit in existence prior to the transfer of employees to
RPCRC shall remain in the unit and will not be altered by the transfer.
Any newly created titles following the transfer shall be evaluated and
placed in the bargaining unit in accordance with the definition of the
negotiating unit as set forth in the collective bargaining agreement.
RPCRC and the existing certified or recognized employee organization
shall assume the terms of the collective bargaining agreement between
HRI and the existing collective bargaining representative in effect as
of the date of the transfer of the employees to RPCRC until that agree-
ment's expiration date on March 31, 2028. This assumption of terms of
the collective bargaining agreement shall apply only to the employment
of those persons who were employed in the Buffalo Division of HRI who
become employees of RPCRC and to the employment of those persons who are
hired by RPCRC prior to the expiration date of the existing collective
bargaining agreement. Thereafter, RPCRC and the collective bargaining
representative shall negotiate toward subsequent collective bargaining
agreements in accordance with applicable law.
Upon the transfer, RPCRC shall have the responsibility to pay the
salary or compensation of any employee who transfers to RPCRC, and for
the liability for any carried-over leave time and retirement benefits
for any employee who transfers to RPCRC. RPCRC shall, upon transfer,
acknowledge and give credit for all leave balances, including personal
leave, holiday accruals, annual leave, sick leave, and sick leave at
half pay, held by employees of the Buffalo Division of HRI who become
employees of RPCRC on the date of transfer.
S. 10628 3
No employee of HRI in positions represented by the existing certified
or recognized employee organization who is then transferred to RPCRC
consistent with this act shall be laid off by RPCRC as a direct conse-
quence of the enactment of this section. There shall be a conclusive
presumption that any RPCRC layoffs occurring more than twenty-four
months after the effective transfer date described in this act shall be
deemed not to be such a direct consequence; provided, however, that
nothing contained in this act shall be construed to prevent the elimi-
nation of any service or position at any time as a result of the elimi-
nation of state or federal funding, the elimination or reduction of
other grants or revenue streams, the loss of financial viability, the
completion of a project or function or a portion thereof, the failure to
obtain a grant, the failure to fund a grant, the expiration of a grant
or contract, the discontinuance of a grant or contract, the lack of
work, or the lack of funds to support specific functions or positions.
In the event RPCRC incorporates one or more subsidiaries for one or
more of the purposes described in the RPCRC certificate of incorporation
filed with the New York state department of state on January 9, 2025, as
amended, such subsidiary or subsidiaries shall be deemed a party to the
collective bargaining agreement with respect to those applicable employ-
ment categories then covered by the agreement then in existence between
RPCRC and the collective bargaining agent, and employees of the subsid-
iary or subsidiaries shall be placed in the then-existing bargaining
unit in accordance with the applicable terms of the collective bargain-
ing agreement.
Employees of RPCRC shall not be deemed public employees under any law,
including, but not limited to, the New York State Civil Service Law,
which includes the Public Employees' Fair Employment Act, and RPCRC
employees shall not have civil service status. Likewise, RPCRC shall not
be deemed a public employer under any law, including but not limited to,
the New York State Civil Service Law, which includes the Public Employ-
ees' Fair Employment Act.
RPCRC shall be governed and controlled by an independent board of
directors and shall have exclusive authority over its internal oper-
ations and governance. The commissioner of health for the New York state
department of health shall serve ex officio as a member of RPCRC's board
of directors. No elected official shall have the authority to appoint,
confirm, or remove any director from RPCRC's board of directors.
§ 4. Nothing contained in this act shall be construed to affect the
rights of employees pursuant to a collective bargaining agreement.
§ 5. This act shall take effect upon the completion of all grants
having been transferred from Health Research, Inc. to Roswell Park
Cancer Research Corporation; provided, however, that Roswell Park Cancer
Research Corporation shall notify the legislative bill drafting commis-
sion upon the occurrence of the transfer of such grants and the enact-
ment of this act in order that the commission may maintain an accurate
and timely effective data base of the official text of the laws of the
state of New York in furtherance of effectuating the provisions of
section 44 of the legislative law and section 70-b of the public offi-
cers law.
