Bill Text: NY A01404 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to funds concerning state university health care facilities; prohibits the use of such funds for payment of certain debts related to a state university health care facility.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Introduced) 2024-01-03 - referred to higher education [A01404 Detail]

Download: New_York-2023-A01404-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1404

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 17, 2023
                                       ___________

        Introduced  by M. of A. HUNTER, LUPARDO -- read once and referred to the
          Committee on Higher Education

        AN ACT to amend the education law, in relation to funds concerning state
          university health care facilities

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.    Subdivision 8-a of section 355 of the education law, as
     2  amended by section 8 of part Q of chapter 56 of the  laws  of  2013,  is
     3  amended to read as follows:
     4    8-a.  All  monies  received by state university health care facilities
     5  from fees, charges, and reimbursement and from all other  sources  shall
     6  be  credited  to  a state university health care account in a fund to be
     7  designated by the state comptroller. Notwithstanding  the  provision  of
     8  any  law,  rule  or regulation to the contrary, a portion of such monies
     9  credited may be transferred to a state university account  as  requested
    10  by  the  state  university  chancellor or his or her designee. Monies to
    11  establish reserves for long-term expenses  of  state  university  health
    12  care facilities and to fulfill obligations required for any contract for
    13  health  care services authorized pursuant to subdivision sixteen of this
    14  section may be designated by the  state  university  as  a  reserve  and
    15  transferred  to  a  separate contractual reserve account. The amounts in
    16  such accounts shall be available for use in accordance with paragraph  b
    17  of  subdivision four and subdivision eight of this section. Monies shall
    18  only be expended from the state university health care account  and  the
    19  contractual  reserve  account pursuant to appropriation. Notwithstanding
    20  any provision of this chapter, the state finance law or any other law to
    21  the contrary, such appropriations shall remain in full force and  effect
    22  for  two  years  from the effective date of the appropriation act making
    23  the appropriation. Monies so transferred may be returned  to  the  state
    24  university  health  care  account; provided, however, that funds in such
    25  contractual reserve account must be sufficient to meet  the  obligations

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05706-01-3
        A. 1404                             2

     1  of  all  such  contracts.  Notwithstanding any other law, rule, or regu-
     2  lation to the contrary, no state agency or state  official  or  employee
     3  acting  in  their  official  capacity,  may transfer, loan, or otherwise
     4  appropriate  any  income or funds impacting, involving, generated by, or
     5  appropriated for any component of the  state  university,  or  community
     6  colleges  as  defined by section sixty-three hundred one of this chapter
     7  operating under the program of  the  state  university,  including  such
     8  income  or funds impacting, involving, generated by, or appropriated for
     9  a state university health care facility, to  the  general  fund  or  any
    10  other fund or account held within the auspices of the comptroller of the
    11  state  of  New  York, for prepayment, repayment, or otherwise recompense
    12  for debt service costs related to a state university health care facili-
    13  ty. The provisions of this subdivision shall supersede any other  gener-
    14  al,  special or local law inconsistent therewith notwithstanding, unless
    15  this section is expressly and specifically referred  to  in  such  other
    16  general, special or local law.
    17    § 2. This act shall take effect immediately.