Bill Text: NY S03174 | 2013-2014 | General Assembly | Introduced
Bill Title: Transfers the powers and duties of the city university of New York to the state university of New York.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-22 - RECOMMIT, ENACTING CLAUSE STRICKEN [S03174 Detail]
Download: New_York-2013-S03174-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3174
2013-2014 Regular Sessions
I N S E N A T E
January 31, 2013
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Higher Education
AN ACT to amend the education law, the civil service law, the election
law, the executive law, the public officers law, the state finance
law, the tax law, the labor law, the transportation law, the economic
development law, the public authorities law, and the general municipal
law, in relation to transferring the powers and duties of the city
university of New York to the state university of New York and to
repeal certain provisions of the education law, the tax law, the exec-
utive law, the state finance law, the general municipal law and the
public authorities law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The education law is amended by adding a new section 352-b
2 to read as follows:
3 S 352-B. TRANSFER OF POWERS AND DUTIES OF THE CITY UNIVERSITY OF NEW
4 YORK. 1. THE FUNCTIONS AND POWERS POSSESSED BY AND ALL OF THE OBLI-
5 GATIONS AND DUTIES OF THE CITY UNIVERSITY OF NEW YORK, AS ESTABLISHED
6 PURSUANT TO FORMER ARTICLE ONE HUNDRED TWENTY-FIVE OF THIS CHAPTER,
7 SHALL BE TRANSFERRED AND ASSIGNED TO, AND ASSUMED BY AND DEVOLVED UPON,
8 THE STATE UNIVERSITY OF NEW YORK.
9 2. ALL EMPLOYEES OF THE CITY UNIVERSITY OF NEW YORK SHALL BE TRANS-
10 FERRED TO THE STATE UNIVERSITY OF NEW YORK. THIS TRANSFER OF EMPLOYEES
11 SHALL BE DEEMED TO BE A TRANSFER OF FUNCTION PURSUANT TO SUBDIVISION TWO
12 OF SECTION SEVENTY OF THE CIVIL SERVICE LAW. OFFICERS AND EMPLOYEES OF
13 THE CITY UNIVERSITY OF NEW YORK SHALL BE TRANSFERRED WITHOUT FURTHER
14 EXAMINATION OR QUALIFICATION, AND SHALL RETAIN THEIR RESPECTIVE CIVIL
15 SERVICE CLASSIFICATION, STATUS AND BARGAINING UNIT REPRESENTATION.
16 3. UPON THE TRANSFER PURSUANT TO THIS SECTION OF THE FUNCTIONS AND
17 POWERS POSSESSED BY AND ALL OF THE OBLIGATIONS AND DUTIES OF THE CITY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07081-01-3
S. 3174 2
1 UNIVERSITY OF NEW YORK, AS ESTABLISHED PURSUANT TO THIS CHAPTER SHALL BE
2 ABOLISHED.
3 4. EXCEPT AS HEREIN OTHERWISE PROVIDED, UPON THE TRANSFER PURSUANT TO
4 THIS SECTION OF THE FUNCTIONS AND POWERS POSSESSED BY, AND ALL OF THE
5 OBLIGATIONS AND DUTIES OF, THE CITY UNIVERSITY OF NEW YORK AS ESTAB-
6 LISHED PURSUANT TO FORMER ARTICLE ONE HUNDRED TWENTY-FIVE OF THIS CHAP-
7 TER, TO THE STATE UNIVERSITY OF NEW YORK AS PRESCRIBED BY THIS SECTION,
8 FOR THE PURPOSE OF SUCCESSION ALL FUNCTIONS, POWERS, DUTIES AND OBLI-
9 GATIONS OF THE CITY UNIVERSITY OF NEW YORK SHALL BE DEEMED AND BE HELD
10 TO CONSTITUTE THE CONTINUATION OF SUCH FUNCTIONS, POWERS, DUTIES AND
11 OBLIGATIONS AND NOT THOSE OF A DIFFERENT DEPARTMENT.
12 5. UPON THE TRANSFER PURSUANT TO THIS SECTION OF THE FUNCTIONS AND
13 POWERS POSSESSED BY AND ALL OF THE OBLIGATIONS AND DUTIES OF THE CITY
14 UNIVERSITY OF NEW YORK AS ESTABLISHED PURSUANT TO FORMER ARTICLE ONE
15 HUNDRED TWENTY-FIVE OF THIS CHAPTER, TO THE STATE UNIVERSITY OF NEW YORK
16 AS PRESCRIBED BY THIS SECTION, ALL BOOKS, PAPERS, RECORDS AND PROPERTY
17 PERTAINING TO THE CITY UNIVERSITY OF NEW YORK SHALL BE TRANSFERRED TO
18 AND MAINTAINED BY THE STATE UNIVERSITY OF NEW YORK, AS APPROPRIATE.
19 6. UPON THE TRANSFER PURSUANT TO THIS SECTION OF THE FUNCTIONS AND
20 POWERS POSSESSED BY AND ALL OF THE OBLIGATIONS AND DUTIES OF THE CITY
21 UNIVERSITY OF NEW YORK AS ESTABLISHED PURSUANT TO FORMER ARTICLE ONE
22 HUNDRED TWENTY-FIVE OF THIS CHAPTER, TO THE STATE UNIVERSITY OF NEW YORK
23 AS PRESCRIBED BY THIS SECTION, ANY BUSINESS OR OTHER MATTER UNDERTAKEN
24 OR COMMENCED BY THE CITY UNIVERSITY OF NEW YORK PERTAINING TO OR
25 CONNECTED WITH THE FUNCTIONS, POWERS, OBLIGATIONS AND DUTIES SO TRANS-
26 FERRED AND ASSIGNED TO THE STATE UNIVERSITY OF NEW YORK MAY BE CONDUCTED
27 OR COMPLETED BY THE STATE UNIVERSITY OF NEW YORK, AS APPROPRIATE.
28 7. TERMS OCCURRING IN LAWS, CONTRACTS OR OTHER DOCUMENTS OF OR
29 PERTAINING TO THE CITY UNIVERSITY OF NEW YORK. UPON THE TRANSFER PURSU-
30 ANT TO THIS SECTION OF THE FUNCTIONS AND POWERS POSSESSED BY AND ALL OF
31 THE OBLIGATIONS AND DUTIES OF THE CITY UNIVERSITY OF NEW YORK AS ESTAB-
32 LISHED PURSUANT TO FORMER ARTICLE ONE HUNDRED TWENTY-FIVE OF THIS CHAP-
33 TER, AS PRESCRIBED BY THIS SECTION, WHENEVER THE CITY UNIVERSITY OF NEW
34 YORK AND THE BOARD OF TRUSTEES THEREOF, THE FUNCTIONS, POWERS, OBLI-
35 GATIONS AND DUTIES OF WHICH ARE TRANSFERRED TO THE STATE UNIVERSITY OF
36 NEW YORK, ARE REFERRED TO OR DESIGNATED IN ANY LAW, REGULATION, CONTRACT
37 OR DOCUMENT PERTAINING TO THE FUNCTIONS, POWERS, OBLIGATIONS AND DUTIES
38 TRANSFERRED AND ASSIGNED PURSUANT TO THIS SECTION, SUCH REFERENCE OR
39 DESIGNATION SHALL BE DEEMED TO REFER TO THE STATE UNIVERSITY OF NEW YORK
40 AND ITS BOARD OF TRUSTEES.
41 8. UPON THE TRANSFER PURSUANT TO THIS SECTION OF THE FUNCTIONS AND
42 POWERS POSSESSED BY AND ALL OF THE OBLIGATIONS AND DUTIES OF THE CITY
43 UNIVERSITY AS ESTABLISHED PURSUANT TO FORMER ARTICLE ONE HUNDRED TWEN-
44 TY-FIVE OF THIS CHAPTER, TO THE STATE UNIVERSITY OF NEW YORK AS
45 PRESCRIBED BY THIS SECTION, NO EXISTING RIGHT OR REMEDY OF THE STATE,
46 INCLUDING THE CITY UNIVERSITY OF NEW YORK, SHALL BE LOST, IMPAIRED OR
47 AFFECTED BY REASON OF THIS SECTION.
48 9. (A) WHEREVER THE TERM "CITY UNIVERSITY" APPEARS IN THE CONSOLIDATED
49 OR UNCONSOLIDATED LAWS OF THIS STATE OTHER THAN THE STATE TECHNOLOGY
50 LAW, SUCH TERM IS HEREBY CHANGED, WHERE APPROPRIATE, TO "STATE UNIVERSI-
51 TY".
52 (B) THE LEGISLATIVE BILL DRAFTING COMMISSION IS HEREBY DIRECTED TO
53 EFFECTUATE THIS PROVISION, AND SHALL BE GUIDED BY A MEMORANDUM OF
54 INSTRUCTION SETTING FORTH THE SPECIFIC PROVISIONS OF LAW TO BE AMENDED.
55 SUCH MEMORANDUM SHALL BE TRANSMITTED TO THE LEGISLATIVE BILL DRAFTING
56 COMMISSION WITHIN SIXTY DAYS OF ENACTMENT OF THIS PROVISION. SUCH MEMO-
S. 3174 3
1 RANDUM SHALL BE ISSUED JOINTLY BY THE GOVERNOR, THE TEMPORARY PRESIDENT
2 OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY, OR BY THE DELEGATE OF
3 EACH.
4 10. UPON THE TRANSFER PURSUANT TO THIS SECTION OF THE FUNCTIONS AND
5 POWERS POSSESSED BY AND ALL OF THE OBLIGATIONS AND DUTIES OF THE CITY
6 UNIVERSITY OF NEW YORK AS ESTABLISHED PURSUANT TO FORMER ARTICLE ONE
7 HUNDRED TWENTY-FIVE OF THIS CHAPTER, TO THE STATE UNIVERSITY OF NEW YORK
8 AS PRESCRIBED BY THIS SECTION, NO ACTION OR PROCEEDING PENDING ON THE
9 EFFECTIVE DATE OF THIS SECTION, BROUGHT BY OR AGAINST THE CITY UNIVERSI-
10 TY OF NEW YORK OR THE BOARD OF TRUSTEES THEREOF SHALL BE AFFECTED BY ANY
11 PROVISION OF THIS SECTION, BUT THE SAME MAY BE PROSECUTED OR DEFENDED IN
12 THE NAME OF THE STATE UNIVERSITY OF NEW YORK. IN ALL SUCH ACTIONS AND
13 PROCEEDINGS, THE STATE UNIVERSITY OF NEW YORK, UPON APPLICATION TO THE
14 COURT, SHALL BE SUBSTITUTED AS A PARTY.
15 11. UPON THE TRANSFER PURSUANT TO THIS SECTION OF THE FUNCTIONS AND
16 POWERS POSSESSED BY AND ALL THE OBLIGATIONS AND DUTIES OF THE CITY
17 UNIVERSITY OF NEW YORK AS ESTABLISHED PURSUANT TO THIS CHAPTER, TO THE
18 STATE UNIVERSITY OF NEW YORK AS PRESCRIBED BY THIS SECTION, ALL RULES,
19 REGULATIONS, ACTS, ORDERS, DETERMINATIONS, DECISIONS, OF THE CITY
20 UNIVERSITY OF NEW YORK PERTAINING TO THE FUNCTIONS TRANSFERRED AND
21 ASSIGNED BY THIS SECTION TO THE STATE UNIVERSITY OF NEW YORK IN FORCE AT
22 THE TIME OF SUCH TRANSFER, ASSIGNMENT, ASSUMPTION OR DEVOLUTION SHALL
23 CONTINUE IN FORCE AND EFFECT AS RULES, REGULATIONS, ACTS, DETERMINATIONS
24 AND DECISIONS OF THE STATE UNIVERSITY OF NEW YORK UNTIL DULY MODIFIED OR
25 REPEALED.
26 12. UPON THE TRANSFER PURSUANT TO THIS SECTION OF THE FUNCTIONS AND
27 POWERS POSSESSED BY AND ALL OF THE OBLIGATIONS AND DUTIES OF THE CITY
28 UNIVERSITY OF NEW YORK AS ESTABLISHED PURSUANT TO THIS CHAPTER, TO THE
29 STATE UNIVERSITY OF NEW YORK AS PRESCRIBED BY THIS SECTION, ALL APPRO-
30 PRIATIONS AND REAPPROPRIATIONS WHICH SHALL HAVE BEEN MADE AVAILABLE AS
31 OF THE DATE OF SUCH TRANSFER TO THE CITY UNIVERSITY OF NEW YORK OR
32 SEGREGATED PURSUANT TO LAW, TO THE EXTENT OF REMAINING UNEXPENDED OR
33 UNENCUMBERED BALANCES THEREOF, WHETHER ALLOCATED OR UNALLOCATED AND
34 WHETHER OBLIGATED OR UNOBLIGATED, SHALL BE TRANSFERRED TO AND MADE
35 AVAILABLE FOR USE AND EXPENDITURE BY THE STATE UNIVERSITY OF NEW YORK.
36 PAYMENTS OF LIABILITIES FOR EXPENSES OF PERSONNEL SERVICES, MAINTENANCE
37 AND OPERATION WHICH SHALL HAVE BEEN INCURRED AS OF THE DATE OF SUCH
38 TRANSFER BY THE CITY UNIVERSITY OF NEW YORK, AND FOR LIABILITIES
39 INCURRED AND TO BE INCURRED IN COMPLETING ITS AFFAIRS SHALL ALSO BE
40 MADE.
41 S 2. Article 125 of the education law is REPEALED.
42 S 3. Article 125-B of the education law is REPEALED.
43 S 4. Paragraph (f) of subdivision 3 of section 209 of the civil
44 service law, as amended by chapter 216 of the laws of 1977, is amended
45 to read as follows:
46 (f) where the public employer is a school district, a board of cooper-
47 ative educational services, a community college, OR the state university
48 of New York, [or the city university of New York,] the provisions of
49 subparagraphs (iii) and (iv) of paragraph (e) of this subdivision shall
50 not apply, and (i) the board may afford the parties an opportunity to
51 explain their positions with respect to the report of the fact-finding
52 board at a meeting at which the legislative body, or a duly authorized
53 committee thereof, may be present; (ii) thereafter, the legislative body
54 may take such action as is necessary and appropriate to reach an agree-
55 ment. The board may provide such assistance as may be appropriate.
S. 3174 4
1 S 5. The opening paragraph of section 5-211 of the election law, as
2 amended by chapter 200 of the laws of 1996, is amended to read as
3 follows:
4 Each agency designated as a participating agency under the provisions
5 of this section shall implement and administer a program of distribution
6 of voter registration forms pursuant to the provisions of this section.
7 The following offices which provide public assistance and/or provide
8 state funded programs primarily engaged in providing services to persons
9 with disabilities are hereby designated as voter registration agencies:
10 designated as the state agencies which provide public assistance are the
11 department of social services and the department of health. Also desig-
12 nated as public assistance agencies are all agencies of local government
13 that provide such assistance. Designated as state agencies that provide
14 programs primarily engaged in providing services to people with disabil-
15 ities are the department of labor, office for the aging, division of
16 veterans' affairs, office of mental health, office of vocational and
17 educational services for individuals with disabilities, commission on
18 quality of care for the mentally disabled, office [of mental retardation
19 and] FOR PEOPLE WITH developmental disabilities, commission for the
20 blind and visually handicapped, office of alcoholism and substance abuse
21 services, the office of the advocate for the disabled and all offices
22 which administer programs established or funded by such agencies. Addi-
23 tional state agencies designated as voter registration offices are the
24 department of state and the division of workers' compensation. Such
25 agencies shall be required to offer voter registration forms to persons
26 upon initial application for services, renewal or recertification for
27 services and change of address relating to such services. Such agencies
28 shall also be responsible for providing assistance to applicants in
