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