Bill Text: NY A05370 | 2015-2016 | General Assembly | Amended
Bill Title: Relates to state appropriations to the state university of New York and the city university of New York.
Spectrum: Moderate Partisan Bill (Democrat 15-3)
Status: (Vetoed) 2015-12-11 - tabled [A05370 Detail]
Download: New_York-2015-A05370-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5370--A 2015-2016 Regular Sessions I N A S S E M B L Y February 20, 2015 ___________ Introduced by M. of A. GLICK, LUPINACCI -- Multi-Sponsored by -- M. of A. BRENNAN, BRINDISI, COOK, CRESPO, CROUCH, DUPREY, GOTTFRIED, JAFFEE, MAGEE, MARKEY, MOSLEY, PEOPLES-STOKES, ROBINSON -- read once and referred to the Committee on Higher Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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: 1 Section 1. Clause (iv) of subparagraph 4 of paragraph h of subdivision 2 2 of section 355 of the education law, as amended by chapter 260 of the 3 laws of 2011, is renumbered clause (v) and a new clause (iv) is added to 4 read as follows: 5 (IV) THE STATE SHALL APPROPRIATE ANNUALLY AND MAKE AVAILABLE GENERAL 6 FUND OPERATING SUPPORT INCLUDING FRINGE BENEFITS, FOR THE STATE UNIVER- 7 SITY IN AN AMOUNT NOT LESS THAN THE AMOUNT APPROPRIATED AND MADE AVAIL- 8 ABLE TO THE STATE UNIVERSITY IN STATE FISCAL YEAR TWO THOUSAND 9 ELEVEN--TWO THOUSAND TWELVE. BEGINNING IN STATE FISCAL YEAR TWO THOUSAND 10 SIXTEEN--TWO THOUSAND SEVENTEEN AND THEREAFTER, THE STATE SHALL APPRO- 11 PRIATE AND MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT FOR THE STATE 12 UNIVERSITY AND THE STATE UNIVERSITY HEALTH SCIENCE CENTERS IN AN AMOUNT 13 NOT LESS THAN THE AMOUNTS SEPARATELY APPROPRIATED AND MADE AVAILABLE IN 14 THE PRIOR STATE FISCAL YEAR; PROVIDED, FURTHER, THE STATE SHALL APPRO- 15 PRIATE AND MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT TO COVER ALL 16 MANDATORY COSTS OF THE STATE UNIVERSITY AND THE STATE UNIVERSITY HEALTH 17 SCIENCE CENTERS, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, COLLECTIVE 18 BARGAINING COSTS INCLUDING SALARY INCREMENTS, FRINGE BENEFITS, AND OTHER 19 NON-PERSONAL SERVICE COSTS SUCH AS UTILITY COSTS, BUILDING RENTALS AND 20 OTHER INFLATIONARY EXPENSES INCURRED BY THE STATE UNIVERSITY AND THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03380-09-5 A. 5370--A 2 1 STATE UNIVERSITY HEALTH SCIENCE CENTERS. IF THE GOVERNOR, HOWEVER, 2 DECLARES A FISCAL EMERGENCY, AND COMMUNICATES SUCH EMERGENCY TO THE 3 TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY, STATE 4 SUPPORT FOR OPERATING EXPENSES AT THE STATE UNIVERSITY AND CITY UNIVER- 5 SITY MAY BE REDUCED IN A MANNER PROPORTIONATE TO ONE ANOTHER, AND THE 6 AFOREMENTIONED PROVISIONS SHALL NOT APPLY. 7 S 2. Clause (iv) of subparagraph 4 of paragraph h of subdivision 2 of 8 section 355 of the education law, as amended by chapter 309 of the laws 9 of 1996, is renumbered clause (v) and a new clause (iv) is added to read 10 as follows: 11 (IV) THE STATE SHALL APPROPRIATE ANNUALLY AND MAKE AVAILABLE GENERAL 12 FUND OPERATING SUPPORT INCLUDING FRINGE BENEFITS, FOR THE STATE UNIVER- 13 SITY IN AN AMOUNT NOT LESS THAN THE AMOUNT APPROPRIATED AND MADE AVAIL- 14 ABLE TO THE STATE UNIVERSITY IN STATE FISCAL YEAR TWO THOUSAND 15 ELEVEN--TWO THOUSAND TWELVE. BEGINNING IN STATE FISCAL YEAR TWO THOUSAND 16 SIXTEEN--TWO THOUSAND SEVENTEEN AND THEREAFTER, THE STATE SHALL APPRO- 17 PRIATE AND MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT FOR THE STATE 18 UNIVERSITY AND THE STATE UNIVERSITY HEALTH SCIENCE CENTERS IN AN AMOUNT 19 NOT LESS THAN THE AMOUNTS SEPARATELY APPROPRIATED AND MADE AVAILABLE IN 20 THE PRIOR STATE FISCAL YEAR; PROVIDED, FURTHER, THE STATE SHALL APPRO- 21 PRIATE AND MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT TO COVER ALL 22 MANDATORY COSTS OF THE STATE UNIVERSITY AND THE STATE UNIVERSITY HEALTH 23 SCIENCE CENTERS, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, COLLECTIVE 24 BARGAINING COSTS INCLUDING SALARY INCREMENTS, FRINGE BENEFITS, AND OTHER 25 NON-PERSONAL SERVICE COSTS SUCH AS UTILITY COSTS, BUILDING RENTALS AND 26 OTHER INFLATIONARY EXPENSES INCURRED BY THE STATE UNIVERSITY AND THE 27 STATE UNIVERSITY HEALTH SCIENCE CENTERS. IF THE GOVERNOR, HOWEVER, 28 DECLARES A FISCAL EMERGENCY, AND COMMUNICATES SUCH EMERGENCY TO THE 29 TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY, THE STATE 30 SUPPORT FOR OPERATING EXPENSES AT THE STATE UNIVERSITY AND CITY UNIVER- 31 SITY MAY BE REDUCED IN A MANNER PROPORTIONATE TO ONE ANOTHER, AND THE 32 AFOREMENTIONED PROVISIONS SHALL NOT APPLY. 33 S 3. Paragraph (a) of subdivision 7 of section 6206 of the education 34 law, as amended by chapter 260 of the laws of 2011, is amended by adding 35 a new subparagraph (iv) to read as follows: 36 (IV) THE STATE SHALL APPROPRIATE ANNUALLY AND MAKE AVAILABLE STATE 37 SUPPORT FOR OPERATING EXPENSES, INCLUDING FRINGE BENEFITS, FOR THE CITY 38 UNIVERSITY IN AN AMOUNT NOT LESS THAT THE AMOUNT APPROPRIATED AND MADE 39 AVAILABLE TO THE CITY UNIVERSITY IN STATE FISCAL YEAR TWO THOUSAND 40 ELEVEN--TWO THOUSAND TWELVE. BEGINNING IN STATE FISCAL YEAR TWO THOUSAND 41 SIXTEEN--TWO THOUSAND SEVENTEEN AND THEREAFTER, THE STATE SHALL APPRO- 42 PRIATE AND MAKE AVAILABLE STATE SUPPORT FOR OPERATING EXPENSE FOR THE 43 CITY UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNTS SEPARATELY APPRO- 44 PRIATED AND MADE AVAILABLE IN THE PRIOR STATE FISCAL YEAR; PROVIDED, 45 FURTHER, THE STATE SHALL APPROPRIATE AND MAKE AVAILABLE GENERAL FUND 46 OPERATING SUPPORT TO COVER ALL MANDATORY COSTS OF THE CITY UNIVERSITY, 47 WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, COLLECTIVE BARGAINING COSTS, 48 INCLUDING SALARY INCREMENTS, FRINGE BENEFITS, AND OTHER NON-PERSONAL 49 SERVICE COSTS SUCH AS UTILITY COSTS, BUILDING RENTALS AND OTHER INFLA- 50 TIONARY EXPENSES INCURRED BY THE CITY UNIVERSITY. IF THE GOVERNOR, 51 HOWEVER, DECLARES A FISCAL EMERGENCY, AND COMMUNICATES SUCH EMERGENCY TO 52 THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY, 53 STATE SUPPORT FOR OPERATING EXPENSES OF THE STATE UNIVERSITY AND CITY 54 UNIVERSITY MAY BE REDUCED IN A MANNER PROPORTIONATE TO ONE ANOTHER, AND 55 THE AFOREMENTIONED PROVISIONS SHALL NOT APPLY. A. 5370--A 3 1 S 4. Paragraph (a) of subdivision 7 of section 6206 of the education 2 law, as amended by chapter 327 of the laws of 2002, is amended by adding 3 a new subparagraph (iv) to read as follows: 4 (IV) THE STATE SHALL APPROPRIATE ANNUALLY AND MAKE AVAILABLE STATE 5 SUPPORT FOR OPERATING EXPENSES, INCLUDING FRINGE BENEFITS, FOR THE CITY 6 UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNT APPROPRIATED AND MADE 7 AVAILABLE TO THE CITY UNIVERSITY IN STATE FISCAL YEAR TWO THOUSAND 8 ELEVEN--TWO THOUSAND TWELVE. BEGINNING IN STATE FISCAL YEAR TWO THOUSAND 9 SIXTEEN--TWO THOUSAND SEVENTEEN AND THEREAFTER, THE STATE SHALL APPRO- 10 PRIATE AND MAKE AVAILABLE STATE SUPPORT FOR OPERATING EXPENSES FOR THE 11 CITY UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNTS SEPARATELY APPRO- 12 PRIATED AND MADE AVAILABLE IN THE PRIOR STATE FISCAL YEAR; PROVIDED, 13 FURTHER, THE STATE SHALL APPROPRIATE AND MAKE AVAILABLE GENERAL FUND 14 OPERATING SUPPORT TO COVER ALL MANDATORY COSTS OF THE CITY UNIVERSITY, 15 WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, COLLECTIVE BARGAINING COSTS, 16 INCLUDING SALARY INCREMENTS, FRINGE BENEFITS, AND OTHER NON-PERSONAL 17 SERVICE COSTS SUCH AS UTILITY COSTS, BUILDING RENTALS AND OTHER INFLA- 18 TIONARY EXPENSES INCURRED BY THE CITY UNIVERSITY. IF THE GOVERNOR, 19 HOWEVER, DECLARES A FISCAL EMERGENCY, AND COMMUNICATES SUCH EMERGENCY TO 20 THE TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY, STATE 21 SUPPORT FOR OPERATING EXPENSES OF THE STATE UNIVERSITY AND CITY UNIVER- 22 SITY MAY BE REDUCED IN A MANNER PROPORTIONATE TO ONE ANOTHER, AND THE 23 AFOREMENTIONED PROVISIONS SHALL NOT APPLY. 24 S 5. This act shall take effect immediately provided that: 25 (a) the amendments to subparagraph 4 of paragraph h of subdivision 2 26 of section 355 of the education law made by section one of this act 27 shall be subject to the expiration and reversion of such subparagraph 28 pursuant to chapter 260 of the laws of 2011, as amended, when upon such 29 date section two of this act shall take effect; and 30 (b) the amendments to paragraph (a) of subdivision 7 of section 6206 31 of the education law made by section three of this act shall be subject 32 to the expiration and reversion of such paragraph pursuant to chapter 33 260 of the laws of 2011, as amended when upon such date section four of 34 this act shall take effect.