NY State Senate Bill 2009-S2921

Senate Bill S2921

2009-2010 Legislative Session

Authorizes community colleges, college sponsors, and local governments to establish community college regions to sponsor an existing community college

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Archive: Last Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to higher education
Mar 06, 2009	referred to higher education

2009-S2921 (ACTIVE) - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §6302 & 6310, Ed L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S2016
2013-2014: S764
2015-2016: S226

2009-S2921 (ACTIVE) - Summary

Authorizes community colleges, college sponsors, and eligible local governments to establish community college regions to sponsor an existing community college operating under the program of SUNY, to transfer sponsorship from the existing sponsor to the community college region, and to protect the employment and collective bargaining rights of all employees of a community college.

2009-S2921 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2921

 TITLE OF BILL :  An act to amend the education law, in relation to
the establishment of community college regions


 PURPOSE :

To amend the Education Law to authorize local community colleges,
college sponsors, and eligible local governments to establish
community college regions to sponsor an existing community college
operating under the program of State University of New York; to
transfer sponsorship from the existing sponsor to the community
college region; and to protect upon transfer the employment and
collective bargaining rights of all employees of a community college.

 SUMMARY OF PROVISIONS :

Section 1 amends subdivision two of section 6302 of the Education Law
to remove a restriction which currently limits the availability of
community college regions as an optional form of community college
sponsorship only to existing community colleges outside of New York
City sponsored by a school district or a city.

Section 2 amends section 6310 of the Education Law by adding a number
of specific provisions providing for the transfer of sponsorship of a

community college from its existing sponsor to a community college
region, including the transfer of community college assets, the
assumption by the community college region of the liabilities and
obligations of the community college, the retention of community
college employees by the community college region, the recognition and
retention of employment and collective bargaining benefits enjoyed by
such employees after the transfer of sponsorship to a community
college region, and the authorization of all actions necessary by the
parties to the sponsorship transfer to avoid the possible invalidation
of actions taken in good faith to accomplish transfer due to the
inadvertent failure to follow specific technical procedures. These
provisions had previously been contained in special legislation passed
with, and applicable only to, the establishment of the Corning and
Jamestown Community College Regions.

 JUSTIFICATION :

In 1985, the chancellor of State University established a task force
to review and make appropriate recommendations in response to findings
on community colleges made in The Challenge and the Choice the Report
of the Independent Commission on the Future of the State University.
The task force was made up of four committees which studied the areas
of governance, articulation, academic and general programmatic issues,
and funding. Several recommendations were developed for each area. The
governance recommendations addressed, among other matters, concerns
related to the governance and fiscal operations of community colleges.

Noting "persistent problems" experienced by some colleges in obtaining
adequate financial support from local sponsors, both the Independent
Commission on the Future of State University and the succeeding
Chancellor's Task Force on Community Colleges recommended governance
by community college regions as an optional alternative form of
college sponsorship.

In recommending the regional alternative, the Governance Committee of
the Chancellor's Task Force noted:

There are also community colleges which, for a variety of reasons,
have other problems which cannot be adequately addressed by change of
the fiscal mode of operation. For these colleges a more basic
structural change may be required, such as a regional sponsorship...
Regionalism has been implemented successfully at Corning Community
College...

In 1995, the State University chancellor appointed a task force to
again examine critical issues related to the administration and
governance of SUNY's community colleges. The task force was composed
of community college presidents, trustees, and faculty, as well as a
president of a SUNY State-operated college and a representative of the
New York State Association of Counties. Citing continued financial
difficulties faced by community college sponsors throughout New York
State which continue to affect their ability to maintain necessary
levels of support for their community colleges, the task force
recommended broadening the availability of the authorization to
establish a community college region to any existing SUNY community
college.

This measure will make available to all SUNY community colleges
outside of New York City the statutory authority used to effectuate
the establishment of the Coming and Jamestown Community College
Regions. Any proposed transfer of an existing community college to a
community college region would additionally require approval of the
college trustees, all local governments involved, the State University
Board of Trustees, and, as appropriate, the passage of special
legislation establishing the composition of the community college
regional board of trustees and the terms of office of its members.

Over the years community college educational programs, especially
business, technical, and career curricula, have assumed a growing
importance in local communities. some of the community college
sponsors have experienced substantial financial strains maintaining
college services and the quality of college academic offerings. This
trend is exacerbated by the limited tax base and population of
individual local governments in some regions of the State, and the
increasing cost of providing mandated services.

Community colleges have become a critical part of the educational
structure of these economically hard-pressed areas. In many instances,
these colleges represent the only real opportunity for residents of
the college's sponsoring locality, and others living within the
service area of the college, to obtain post-secondary educational
opportunities.

This proposal would allow county governments in the vicinity of
community colleges currently sponsored by a county or counties to
combine to form a community college region.  The regional sponsor
would have the necessary tax and population base to support high
quality college academic and employment training programs to serve the
needs of all residents of the college's service area. This would have
a positive impact, not only on educational quality, but on regional
economic and job development.

This legislation would have no effect on the total cost of local
government sponsorship of a community college. There would be some
shift in the apportionment of this cost among participants in the
community college region.

 LEGISLATIVE HISTORY :

2007-08, S.1243; 2005-2006, S.556-A; 2003-2004, S.303; 2002, S.2236;
1999, S.4601.

 FISCAL IMPLICATIONS :

There would be no increased cost to the State, since the community
funding formula would not be affected.
 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S2921 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2921

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 6, 2009
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to amend the education law, in relation to the  establishment  of
  community college regions

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of section 6302  of  the  education  law,  as
amended  by  chapter  295  of  the  laws  of 1995, is amended to read as
follows:
  2. Pursuant to section sixty-three hundred ten of  this  article,  any
eligible county, city or school district acting through its local legis-
lative  body  or  board, may by local law or resolution, and pursuant to
the master plan, standards  and  regulations  prescribed  by  the  state
university  trustees,  and  with  the approval of said trustees, combine
with one or more contiguous counties, cities or school districts, or any
combination thereof, to constitute a community college  region  for  the
purpose  of  operating,  as local sponsor, an existing community college
[which is currently sponsored by a city or school district] other than A
COMMUNITY COLLEGE CURRENTLY SPONSORED BY a school district located in  a
city with a population of one million or more.
  S  2.  Section 6310 of the education law is amended by adding five new
subdivisions 17, 18, 19, 20 and 21 to read as follows:
  17. THE SPONSOR OF ANY EXISTING COMMUNITY COLLEGE FOR  WHICH  SPONSOR-
SHIP IS TRANSFERRED TO A COMMUNITY COLLEGE REGION MAY TERMINATE ITS SOLE
SPONSORSHIP  OF  SUCH  COMMUNITY COLLEGE AND TRANSFER THE SPONSORSHIP OF
THE COMMUNITY COLLEGE BY RESOLUTION IN ACCORDANCE WITH THE PROVISIONS OF
THIS SECTION, THIS ARTICLE, THE MASTER PLAN, STANDARDS  AND  REGULATIONS
PRESCRIBED  BY  THE  STATE UNIVERSITY TRUSTEES, AND WITH THE APPROVAL OF
SAID TRUSTEES; AND THE BOARD OF TRUSTEES OF THE COMMUNITY COLLEGE REGION
ESTABLISHED TO SPONSOR SUCH COMMUNITY COLLEGE MAY ACCEPT THE TRANSFER OF
SUCH COLLEGE BY RESOLUTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10117-01-9

S. 2921                             2

  18. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF ANY OTHER  LAW,  THE
SPONSOR  OF  ANY  EXISTING  COMMUNITY  COLLEGE  FOR WHICH SPONSORSHIP IS
TRANSFERRED TO A COMMUNITY COLLEGE REGION MAY GRANT, TRANSFER, OR CONVEY
TO THE COMMUNITY COLLEGE REGION ESTABLISHED TO  SPONSOR  SUCH  COMMUNITY
COLLEGE FOR AN AGREED AMOUNT OF CONSIDERATION, AND THE COMMUNITY COLLEGE
REGION  MAY  ACCEPT,  RECEIVE, AND HOLD ANY REAL OR PERSONAL PROPERTY OR
ASSIGNED ASSETS, OR ANY INTEREST THEREIN, CONSISTING  OF  THE  COMMUNITY
COLLEGE.
  19.  THE  SPONSOR OF ANY EXISTING COMMUNITY COLLEGE FOR WHICH SPONSOR-
SHIP IS TRANSFERRED TO A COMMUNITY COLLEGE REGION IS  HEREBY  AUTHORIZED
TO  PROVIDE  BY  AGREEMENT  WITH  THE  COMMUNITY  COLLEGE REGION FOR THE
PAYMENT  OF  ANY  LIABILITIES  INCURRED  BY  IT  FOR  COMMUNITY  COLLEGE
PURPOSES,  INCLUDING ALL DEBTS AND OBLIGATIONS OF EVERY KIND, INCLUDING,
BUT NOT LIMITED TO, ANY OBLIGATIONS OUTSTANDING PRIOR TO THE DATE OF THE
TRANSFER OF SPONSORSHIP OF THE COLLEGE TO THE COMMUNITY COLLEGE  REGION.
SUBSEQUENT  TO  THE DATE OF TRANSFER OF SPONSORSHIP, AND NOTWITHSTANDING
ANY INCONSISTENT PROVISION OF  ANY  OTHER  LAW,  THE  COMMUNITY  COLLEGE
REGION  SHALL  HAVE THE POWER TO BORROW MONEY IN ANTICIPATION OF REVENUE
DUE TO THE COMMUNITY COLLEGE REGION AND SHALL, SOLELY FOR THE PURPOSE OF
CONTRACTING INDEBTEDNESS UNDER SECTION 25.00 OF THE LOCAL  FINANCE  LAW,
BE DEEMED A MUNICIPALITY. FOR THE PURPOSES OF THE LOCAL FINANCE LAW, THE
BOARD  OF  TRUSTEES OF THE COMMUNITY COLLEGE REGION SHALL BE THE FINANCE
BOARD, ITS CHAIRMAN SHALL BE ITS CHIEF FISCAL OFFICER,  AND  ITS  FISCAL
YEAR  SHALL  BE  AS SET FORTH IN THIS SECTION; PROVIDED FURTHER THAT THE
PROVISIONS OF SECTION 162.00 OF THE LOCAL FINANCE LAW SHALL BE  APPLICA-
BLE TO REVENUE ANTICIPATION NOTES ISSUED UNDER THIS SECTION.
  20.  THE  SPONSOR OF ANY EXISTING COMMUNITY COLLEGE FOR WHICH SPONSOR-
SHIP IS TRANSFERRED TO A COMMUNITY  COLLEGE  REGION  AND  THE  COMMUNITY
COLLEGE REGION SHALL MAKE PROVISION FOR THE TRANSFER OF ALL PERSONNEL OF
THE  COMMUNITY  COLLEGE TO THE COMMUNITY COLLEGE REGION. NOTWITHSTANDING
ANY OTHER PROVISION OF LAW, SUCH EMPLOYEES SO  TRANSFERRED  SHALL  IMME-
DIATELY  BECOME  EMPLOYEES  OF  THE  COMMUNITY  COLLEGE REGION AND SHALL
RETAIN ALL RIGHTS AND  PRIVILEGES  ACCRUED  AT  THE  COMMUNITY  COLLEGE,
INCLUDING,  BUT  NOT LIMITED TO, TENURE, PENSION, EMPLOYMENT STATUS, AND
SENIORITY. FOR SALARY, SICK LEAVE, AND OTHER PURPOSES AS APPROPRIATE, AN
EMPLOYEE'S LENGTH OF SERVICE WITH THE COMMUNITY COLLEGE SHALL BE CREDIT-
ED AS EMPLOYMENT TIME WITH THE REGIONAL COMMUNITY COLLEGE.  ALL  COLLEC-
TIVE  BARGAINING  AGREEMENTS  NEGOTIATED PURSUANT TO ARTICLE FOURTEEN OF
THE CIVIL SERVICE LAW AND THE TERMS AND CONDITIONS OF EMPLOYMENT OF  THE
THEN CURRENT EMPLOYEES OF THE COMMUNITY COLLEGE FOR WHICH SPONSORSHIP IS
BEING  TRANSFERRED  TO  A  COMMUNITY  COLLEGE REGION, INCLUDING ANY PAST
PRACTICES THAT CONSTITUTE TERMS  AND  CONDITIONS  OF  EMPLOYMENT,  SHALL
REMAIN  IN  EFFECT  UNTIL  MODIFIED  PURSUANT TO ARTICLE FOURTEEN OF THE
CIVIL SERVICE LAW. ALL NEGOTIATING UNITS OF SUCH EMPLOYEES SHALL CONTIN-
UE IN ACCORDANCE WITH ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, AND ALL
CERTIFIED EMPLOYEE ORGANIZATIONS SHALL CONTINUE TO  REPRESENT  EMPLOYEES
IN THE COMMUNITY COLLEGE REGION UNTIL MODIFIED PURSUANT TO ARTICLE FOUR-
TEEN  OF  THE  CIVIL  SERVICE  LAW.  THIS SECTION SHALL NOT DIMINISH ANY
CURRENT RIGHTS OR BENEFITS OF NOR CONFER ANY ADDITIONAL RIGHTS OR  BENE-
FITS TO ANY EMPLOYEE OR EMPLOYEE ORGANIZATION.
  21.  NOTWITHSTANDING  ANY INCONSISTENT PROVISION OF ANY OTHER LAW, THE
SPONSOR OF AN EXISTING COMMUNITY COLLEGE FOR WHICH SPONSORSHIP IS TRANS-
FERRED TO A COMMUNITY COLLEGE REGION, THE COMMUNITY COLLEGE, THE  COMMU-
NITY  COLLEGE  REGION,  OR ANY COUNTY ELIGIBLE TO APPOINT MEMBERS TO THE
COMMUNITY COLLEGE REGIONAL BOARD OF TRUSTEES ARE AUTHORIZED TO TAKE  ALL
ACTIONS  NECESSARY  OR  PROPER  WITH  RESPECT  TO THE ESTABLISHMENT OF A

S. 2921                             3

COMMUNITY COLLEGE REGION OR THE TRANSFER OF SPONSORSHIP OF  A  COMMUNITY
COLLEGE  TO  A  COMMUNITY  COLLEGE REGION, INCLUDING THE APPROVAL OF ANY
BUDGET OR TAX, THE APPROVAL OF AND THE ISSUANCE OF REVENUE  ANTICIPATION
NOTES  AND  OTHER OBLIGATIONS, ALL CONTRACTS, PURCHASES, AGREEMENTS, AND
APPOINTMENTS MADE AND ENTERED INTO BY SUCH SPONSOR, COLLEGE  REGION  AND
COUNTIES  ON  BEHALF OF THE COMMUNITY COLLEGE, ALL CONTRACTS, PURCHASES,
AGREEMENTS, AND APPOINTMENTS MADE AND  ENTERED  INTO  BY  THE  COMMUNITY
COLLEGE,  ALL  ACTIONS TAKEN BY ITS SPONSOR, AND SUCH COUNTIES IN INCUR-
RING ANY OBLIGATION  TO  FINANCE  ANY  EXPENDITURES  OF  SUCH  COMMUNITY
COLLEGE,  THE  ACTIONS  OF  SUCH  SPONSOR  IN  TRANSFERRING TITLE OF ALL
COLLEGE PROPERTIES TO THE COMMUNITY COLLEGE  REGION,  AND  ANY  AND  ALL
ACTIONS  TAKEN  BY  SUCH  COUNTIES,  SPONSOR, AND COMMUNITY COLLEGE WITH
RESPECT TO THE AFORESAID  MATTERS  FOR  ANY  PURPOSES  RELATING  TO  THE
PROVISION OF EDUCATIONAL FACILITIES AND SERVICES FOR THE STUDENTS OF THE
COMMUNITY COLLEGE.
  S  3. If any clause, sentence, subdivision, paragraph, section or part
of this act be adjudged by any court of  competent  jurisdiction  to  be
invalid,  such  judgment  shall  not  affect,  impair  or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, subdivision,  paragraph,  section  or  part  thereof  directly
involved  in  the  controversy  in  which  such judgment shall have been
rendered.
  S 4. This act shall take effect immediately.

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