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:

  Section  1. The education law is amended by adding a new section 352-b
to read as follows:
  S 352-B. TRANSFER OF POWERS AND DUTIES OF THE CITY UNIVERSITY  OF  NEW
YORK.  1.  THE  FUNCTIONS  AND  POWERS POSSESSED BY AND ALL OF THE OBLI-
GATIONS AND DUTIES OF THE CITY UNIVERSITY OF NEW  YORK,  AS  ESTABLISHED
PURSUANT  TO  FORMER  ARTICLE  ONE  HUNDRED TWENTY-FIVE OF THIS CHAPTER,
SHALL BE TRANSFERRED AND ASSIGNED TO, AND ASSUMED BY AND DEVOLVED  UPON,
THE STATE UNIVERSITY OF NEW YORK.
  2.  ALL  EMPLOYEES  OF THE CITY UNIVERSITY OF NEW YORK SHALL BE TRANS-
FERRED TO THE STATE UNIVERSITY OF NEW YORK. THIS TRANSFER  OF  EMPLOYEES
SHALL BE DEEMED TO BE A TRANSFER OF FUNCTION PURSUANT TO SUBDIVISION TWO
OF  SECTION  SEVENTY OF THE CIVIL SERVICE LAW. OFFICERS AND EMPLOYEES OF
THE CITY UNIVERSITY OF NEW YORK SHALL  BE  TRANSFERRED  WITHOUT  FURTHER
EXAMINATION  OR  QUALIFICATION,  AND SHALL RETAIN THEIR RESPECTIVE CIVIL
SERVICE CLASSIFICATION, STATUS AND BARGAINING UNIT REPRESENTATION.
  3. UPON THE TRANSFER PURSUANT TO THIS SECTION  OF  THE  FUNCTIONS  AND
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

UNIVERSITY OF NEW YORK, AS ESTABLISHED PURSUANT TO THIS CHAPTER SHALL BE
ABOLISHED.
  4.  EXCEPT AS HEREIN OTHERWISE PROVIDED, UPON THE TRANSFER PURSUANT TO
THIS SECTION OF THE FUNCTIONS AND POWERS POSSESSED BY, AND  ALL  OF  THE
OBLIGATIONS  AND  DUTIES  OF,  THE CITY UNIVERSITY OF NEW YORK AS ESTAB-
LISHED PURSUANT TO FORMER ARTICLE ONE HUNDRED TWENTY-FIVE OF THIS  CHAP-
TER,  TO THE STATE UNIVERSITY OF NEW YORK AS PRESCRIBED BY THIS SECTION,
FOR THE PURPOSE OF SUCCESSION ALL FUNCTIONS, POWERS,  DUTIES  AND  OBLI-
GATIONS  OF  THE CITY UNIVERSITY OF NEW YORK SHALL BE DEEMED AND BE HELD
TO CONSTITUTE THE CONTINUATION OF SUCH  FUNCTIONS,  POWERS,  DUTIES  AND
OBLIGATIONS AND NOT THOSE OF A DIFFERENT DEPARTMENT.
  5.  UPON  THE  TRANSFER  PURSUANT TO THIS SECTION OF THE FUNCTIONS AND
POWERS POSSESSED BY AND ALL OF THE OBLIGATIONS AND DUTIES  OF  THE  CITY
UNIVERSITY  OF  NEW  YORK  AS ESTABLISHED PURSUANT TO FORMER ARTICLE ONE
HUNDRED TWENTY-FIVE OF THIS CHAPTER, TO THE STATE UNIVERSITY OF NEW YORK
AS PRESCRIBED BY THIS SECTION, ALL BOOKS, PAPERS, RECORDS  AND  PROPERTY
PERTAINING  TO  THE  CITY UNIVERSITY OF NEW YORK SHALL BE TRANSFERRED TO
AND MAINTAINED BY THE STATE UNIVERSITY OF NEW YORK, AS APPROPRIATE.
  6. UPON THE TRANSFER PURSUANT TO THIS SECTION  OF  THE  FUNCTIONS  AND
POWERS  POSSESSED  BY  AND ALL OF THE OBLIGATIONS AND DUTIES OF THE CITY
UNIVERSITY OF NEW YORK AS ESTABLISHED PURSUANT  TO  FORMER  ARTICLE  ONE
HUNDRED TWENTY-FIVE OF THIS CHAPTER, TO THE STATE UNIVERSITY OF NEW YORK
AS  PRESCRIBED  BY THIS SECTION, ANY BUSINESS OR OTHER MATTER UNDERTAKEN
OR COMMENCED BY THE  CITY  UNIVERSITY  OF  NEW  YORK  PERTAINING  TO  OR
CONNECTED  WITH  THE FUNCTIONS, POWERS, OBLIGATIONS AND DUTIES SO TRANS-
FERRED AND ASSIGNED TO THE STATE UNIVERSITY OF NEW YORK MAY BE CONDUCTED
OR COMPLETED BY THE STATE UNIVERSITY OF NEW YORK, AS APPROPRIATE.
  7. TERMS OCCURRING  IN  LAWS,  CONTRACTS  OR  OTHER  DOCUMENTS  OF  OR
PERTAINING  TO THE CITY UNIVERSITY OF NEW YORK. UPON THE TRANSFER PURSU-
ANT TO THIS SECTION OF THE FUNCTIONS AND POWERS POSSESSED BY AND ALL  OF
THE  OBLIGATIONS AND DUTIES OF THE CITY UNIVERSITY OF NEW YORK AS ESTAB-
LISHED PURSUANT TO FORMER ARTICLE ONE HUNDRED TWENTY-FIVE OF THIS  CHAP-
TER,  AS PRESCRIBED BY THIS SECTION, WHENEVER THE CITY UNIVERSITY OF NEW
YORK AND THE BOARD OF TRUSTEES THEREOF,  THE  FUNCTIONS,  POWERS,  OBLI-
GATIONS  AND  DUTIES OF WHICH ARE TRANSFERRED TO THE STATE UNIVERSITY OF
NEW YORK, ARE REFERRED TO OR DESIGNATED IN ANY LAW, REGULATION, CONTRACT
OR DOCUMENT PERTAINING TO THE FUNCTIONS, POWERS, OBLIGATIONS AND  DUTIES
TRANSFERRED  AND  ASSIGNED  PURSUANT  TO THIS SECTION, SUCH REFERENCE OR
DESIGNATION SHALL BE DEEMED TO REFER TO THE STATE UNIVERSITY OF NEW YORK
AND ITS BOARD OF TRUSTEES.
  8. UPON THE TRANSFER PURSUANT TO THIS SECTION  OF  THE  FUNCTIONS  AND
POWERS  POSSESSED  BY  AND ALL OF THE OBLIGATIONS AND DUTIES OF THE CITY
UNIVERSITY AS ESTABLISHED PURSUANT TO FORMER ARTICLE ONE  HUNDRED  TWEN-
TY-FIVE  OF  THIS  CHAPTER,  TO  THE  STATE  UNIVERSITY  OF  NEW YORK AS
PRESCRIBED BY THIS SECTION, NO EXISTING RIGHT OR REMEDY  OF  THE  STATE,
INCLUDING  THE  CITY  UNIVERSITY OF NEW YORK, SHALL BE LOST, IMPAIRED OR
AFFECTED BY REASON OF THIS SECTION.
  9. (A) WHEREVER THE TERM "CITY UNIVERSITY" APPEARS IN THE CONSOLIDATED
OR UNCONSOLIDATED LAWS OF THIS STATE OTHER  THAN  THE  STATE  TECHNOLOGY
LAW, SUCH TERM IS HEREBY CHANGED, WHERE APPROPRIATE, TO "STATE UNIVERSI-
TY".
  (B)  THE  LEGISLATIVE  BILL  DRAFTING COMMISSION IS HEREBY DIRECTED TO
EFFECTUATE THIS PROVISION, AND  SHALL  BE  GUIDED  BY  A  MEMORANDUM  OF
INSTRUCTION  SETTING FORTH THE SPECIFIC PROVISIONS OF LAW TO BE AMENDED.
SUCH MEMORANDUM SHALL BE TRANSMITTED TO THE  LEGISLATIVE  BILL  DRAFTING
COMMISSION  WITHIN SIXTY DAYS OF ENACTMENT OF THIS PROVISION. SUCH MEMO-

S. 3174                             3

RANDUM SHALL BE ISSUED JOINTLY BY THE GOVERNOR, THE TEMPORARY  PRESIDENT
OF  THE  SENATE  AND  THE SPEAKER OF THE ASSEMBLY, OR BY THE DELEGATE OF
EACH.
  10.  UPON  THE  TRANSFER PURSUANT TO THIS SECTION OF THE FUNCTIONS AND
POWERS POSSESSED BY AND ALL OF THE OBLIGATIONS AND DUTIES  OF  THE  CITY
UNIVERSITY  OF  NEW  YORK  AS ESTABLISHED PURSUANT TO FORMER ARTICLE ONE
HUNDRED TWENTY-FIVE OF THIS CHAPTER, TO THE STATE UNIVERSITY OF NEW YORK
AS PRESCRIBED BY THIS SECTION, NO ACTION OR PROCEEDING  PENDING  ON  THE
EFFECTIVE DATE OF THIS SECTION, BROUGHT BY OR AGAINST THE CITY UNIVERSI-
TY OF NEW YORK OR THE BOARD OF TRUSTEES THEREOF SHALL BE AFFECTED BY ANY
PROVISION OF THIS SECTION, BUT THE SAME MAY BE PROSECUTED OR DEFENDED IN
THE  NAME  OF THE STATE UNIVERSITY OF NEW YORK.  IN ALL SUCH ACTIONS AND
PROCEEDINGS, THE STATE UNIVERSITY OF NEW YORK, UPON APPLICATION  TO  THE
COURT, SHALL BE SUBSTITUTED AS A PARTY.
  11.  UPON  THE  TRANSFER PURSUANT TO THIS SECTION OF THE FUNCTIONS AND
POWERS POSSESSED BY AND ALL THE  OBLIGATIONS  AND  DUTIES  OF  THE  CITY
UNIVERSITY  OF  NEW YORK AS ESTABLISHED PURSUANT TO THIS CHAPTER, TO THE
STATE UNIVERSITY OF NEW YORK AS PRESCRIBED BY THIS SECTION,  ALL  RULES,
REGULATIONS,  ACTS,  ORDERS,  DETERMINATIONS,  DECISIONS,  OF  THE  CITY
UNIVERSITY OF NEW YORK  PERTAINING  TO  THE  FUNCTIONS  TRANSFERRED  AND
ASSIGNED BY THIS SECTION TO THE STATE UNIVERSITY OF NEW YORK IN FORCE AT
THE  TIME  OF  SUCH TRANSFER, ASSIGNMENT, ASSUMPTION OR DEVOLUTION SHALL
CONTINUE IN FORCE AND EFFECT AS RULES, REGULATIONS, ACTS, DETERMINATIONS
AND DECISIONS OF THE STATE UNIVERSITY OF NEW YORK UNTIL DULY MODIFIED OR
REPEALED.
  12. UPON THE TRANSFER PURSUANT TO THIS SECTION OF  THE  FUNCTIONS  AND
POWERS  POSSESSED  BY  AND ALL OF THE OBLIGATIONS AND DUTIES OF THE CITY
UNIVERSITY OF NEW YORK AS ESTABLISHED PURSUANT TO THIS CHAPTER,  TO  THE
STATE  UNIVERSITY  OF NEW YORK AS PRESCRIBED BY THIS SECTION, ALL APPRO-
PRIATIONS AND REAPPROPRIATIONS WHICH SHALL HAVE BEEN MADE  AVAILABLE  AS
OF  THE  DATE  OF  SUCH  TRANSFER  TO THE CITY UNIVERSITY OF NEW YORK OR
SEGREGATED PURSUANT TO LAW, TO THE EXTENT  OF  REMAINING  UNEXPENDED  OR
UNENCUMBERED  BALANCES  THEREOF,  WHETHER  ALLOCATED  OR UNALLOCATED AND
WHETHER OBLIGATED OR UNOBLIGATED,  SHALL  BE  TRANSFERRED  TO  AND  MADE
AVAILABLE  FOR  USE AND EXPENDITURE BY THE STATE UNIVERSITY OF NEW YORK.
PAYMENTS OF LIABILITIES FOR EXPENSES OF PERSONNEL SERVICES,  MAINTENANCE
AND  OPERATION  WHICH  SHALL  HAVE  BEEN INCURRED AS OF THE DATE OF SUCH
TRANSFER BY THE  CITY  UNIVERSITY  OF  NEW  YORK,  AND  FOR  LIABILITIES
INCURRED  AND  TO  BE  INCURRED  IN COMPLETING ITS AFFAIRS SHALL ALSO BE
MADE.
  S 2. Article 125 of the education law is REPEALED.
  S 3. Article 125-B of the education law is REPEALED.
  S 4. Paragraph (f) of subdivision  3  of  section  209  of  the  civil
service  law,  as amended by chapter 216 of the laws of 1977, is amended
to read as follows:
  (f) where the public employer is a school district, a board of cooper-
ative educational services, a community college, OR the state university
of New York, [or the city university of New  York,]  the  provisions  of
subparagraphs  (iii) and (iv) of paragraph (e) of this subdivision shall
not apply, and (i) the board may afford the parties  an  opportunity  to
explain  their  positions with respect to the report of the fact-finding
board at a meeting at which the legislative body, or a  duly  authorized
committee thereof, may be present; (ii) thereafter, the legislative body
may  take such action as is necessary and appropriate to reach an agree-
ment. The board may provide such assistance as may be appropriate.

S. 3174                             4

  S 5. The opening paragraph of section 5-211 of the  election  law,  as
amended  by  chapter  200  of  the  laws  of 1996, is amended to read as
follows:
  Each  agency designated as a participating agency under the provisions
of this section shall implement and administer a program of distribution
of voter registration forms pursuant to the provisions of this  section.
The  following  offices  which  provide public assistance and/or provide
state funded programs primarily engaged in providing services to persons
with disabilities are hereby designated as voter registration  agencies:
designated as the state agencies which provide public assistance are the
department of social services and the department of health.  Also desig-
nated as public assistance agencies are all agencies of local government
that  provide such assistance. Designated as state agencies that provide
programs primarily engaged in providing services to people with disabil-
ities are the department of labor, office for  the  aging,  division  of
veterans'  affairs,  office  of  mental health, office of vocational and
educational services for individuals with  disabilities,  commission  on
quality of care for the mentally disabled, office [of mental retardation
and]  FOR  PEOPLE  WITH  developmental  disabilities, commission for the
blind and visually handicapped, office of alcoholism and substance abuse
services, the office of the advocate for the disabled  and  all  offices
which  administer programs established or funded by such agencies. Addi-
tional state agencies designated as voter registration offices  are  the
department  of  state  and  the  division of workers' compensation. Such
agencies shall be required to offer voter registration forms to  persons
upon  initial  application  for services, renewal or recertification for
services and change of address relating to such services. Such  agencies
shall  also  be  responsible  for  providing assistance to applicants in
completing voter registration  forms,  receiving  and  transmitting  the
completed  application  form  from  all applicants who wish to have such
form transmitted to the appropriate board of elections. The state  board
of  elections  shall, together with representatives of the department of
defense, develop and  implement  procedures  for  including  recruitment
offices  of  the armed forces of the United States as voter registration
offices when such offices are so designated by federal law.   The  state
board  shall  also  make  request  of  the United States Immigration and
Naturalization Service to include applications for registration by  mail
with any materials which are given to new citizens.  All institutions of
the  state university of New York [and the city university of New York,]
shall, at the beginning of the school year, and again in  January  of  a
year  in  which  the  president  of  the United States is to be elected,
provide an application for registration to each  student  in  each  such
institution.    The state board of elections may, by regulation, grant a
waiver from any or all of the requirements of this section to any office
or program of an agency, if it determines that it is  not  feasible  for
such office or program to administer such requirement.
  S  6.  Subdivision  3 of section 169 of the executive law, as added by
chapter 263 of the laws of 1987, is amended to read as follows:
  3. Notwithstanding any other provision of this section  or  any  other
provision of law, the [boards] BOARD of trustees of the state university
of New York [and the city university of New York] shall [each] establish
and  implement  salary  plans for the chancellors, presidents and senior
staffs of such state [and city universities,  respectively]  UNIVERSITY.
The  board  of  regents  shall establish and implement a separate salary
plan for the president of the university  of  the  state  of  New  York,
setting  forth  the  compensation  to  be  received by the president for

S. 3174                             5

performing the duties of that  office  assigned  by  the  rules  of  the
regents  or  statute,  which  shall  be  in addition to the compensation
received by such person pursuant to the provisions of  subdivisions  one
and  two  of  this section.   Such salary plans shall be developed after
consultation with the governor's office of employee  relations  and  the
division  of the budget.  Any increase in compensation for the positions
set forth in this subdivision, not otherwise funded from  any  appropri-
ation,  shall be funded from reallocations of funds within the appropri-
ations specifically identified by  the  aforementioned  [boards]  BOARD.
[Each]  SUCH  board  of  trustees  and the board of regents shall file a
proposed salary plan report  with  the  chairs  of  the  senate  finance
committee  and the assembly ways and means committee and the director of
the budget at least sixty days prior to the effective date of such sala-
ry plan.  [Each] SUCH salary plan report  shall  set  forth  the  salary
schedule,  the  dollar value of additional public compensation and other
employment benefits that such  positions  would  receive,  the  specific
sources of funding to be reallocated for salary increases, the amount of
increase  to be provided to each position, the comparison salary data on
which the plan is based, and such  other  information  as  the  [boards]
BOARD of trustees and the board of regents deem appropriate.
  S  7. Subdivision 2 of section 170-b of the executive law, as added by
chapter 63 of the laws of 2009, is amended to read as follows:
  2. For purposes of this section, the term "state  agency"  shall  mean
any  state department, state university of New York, [city university of
New York,] authority, board, bureau,  division,  commission,  committee,
council,  office  or other governmental entity performing a governmental
or proprietary function for the state.
  S 8. Paragraph (e) of subdivision 4 of section 209-p of the  executive
law is REPEALED.
  S  9. Subparagraph (iii) of paragraph (a) of subdivision 11 of section
310 of the executive law, as added by chapter 261 of the laws  of  1988,
is amended to read as follows:
  (iii) the state university of New York [and the city university of New
York],  including  all  [their]  ITS  constituent units except community
colleges  and  the  independent  institutions  operating  statutory   or
contract colleges on behalf of the state, or
  S  10.   Subdivision 1 of section 548-e of the executive law, as added
by chapter 657 of the laws of 1990, is amended to read as follows:
  1.  Establishment. A neighborhood based initiatives oversight  commit-
tee shall be established to oversee the implementation of the provisions
of  this  article  and shall consist of representatives of the following
agencies or their designees, with the commissioner of the department  or
his  or  her designee serving as chairperson: the state advocate for the
disabled; the director of the office for the aging; the director of  the
division  of alcoholism and alcohol abuse; the executive director of the
council on children and families; [the chancellor of the city university
of New York;] the executive director of the  developmental  disabilities
action planning council; the director of the budget; the commissioner of
economic development; the commissioner of education; the commissioner of
health;  the  commissioner of housing and community renewal; the commis-
sioner of labor; the commissioner of mental health; the commissioner  of
[mental retardation and] developmental disabilities; the commissioner of
parks, recreation and historic preservation; the chancellor of the state
university  of New York; the director of the division of substance abuse
services; the director of the division for youth; the  director  of  the
division for women; and the department of audit and control.

S. 3174                             6

  S  11.  Subdivision 3 of section 950 of the executive law, as added by
chapter 510 of the laws of 1999, is amended to read as follows:
  3. "State agency". Any state department, state university of New York,
[city  university  of  New  York,]  board, bureau, division, commission,
committee, council, office or other  governmental  entity  performing  a
governmental  or  proprietary function for the state, or any combination
thereof as provided in subdivision two of section nine hundred fifty-one
of this article, except any public authority or  public  benefit  corpo-
ration, the judiciary or the state legislature.
  S  12.    Paragraph  (g)  of subdivision 1 of section 73 of the public
officers law, as amended by chapter 283 of the laws of 1996, is  amended
to read as follows:
  (g)  The term "state agency" shall mean any state department, or divi-
sion, board, commission, or bureau of any state department,  any  public
benefit  corporation,  public  authority  or  commission at least one of
whose members is appointed by the governor, or the state  university  of
New York [or the city university of New York], including all [their] ITS
constituent  units  except community colleges of the state university of
New  York  and  the  independent  institutions  operating  statutory  or
contract colleges on behalf of the state.
  S  13.    Paragraph (b) of subdivision 1 of section 73-a of the public
officers law, as amended by section 5 of part A of chapter  399  of  the
laws of 2011, is amended to read as follows:
  (b)  The term "state agency" shall mean any state department, or divi-
sion, board, commission, or bureau of any state department,  any  public
benefit  corporation,  public  authority  or  commission at least one of
whose members is appointed by the governor, or the state  university  of
New York [or the city university of New York], including all [their] ITS
constituent  units  except community colleges of the state university of
New  York  and  the  independent  institutions  operating  statutory  or
contract colleges on behalf of the state.
  S  14.  Subdivision 18 of section 2 of the state finance law, as added
by chapter 577 of the laws of 1988, is amended to read as follows:
  18. "Financed equipment acquisition". Personal property acquired or to
be acquired by any state department and agency  or  unit  of  the  state
university  [or  city university of New York] through (i) lease purchase
or installment purchase agreements financed or to be financed by certif-
icates of participation sold pursuant to article five-A of this  chapter
or (ii) other lease purchase or installment purchase agreements.
  S 15.  Subdivision 3 of section 2-a of the state finance law, as added
by chapter 510 of the laws of 1999, is amended to read as follows:
  3. "State agency". Any state department, state university of New York,
[city  university  of  New  York,]  board, bureau, division, commission,
committee, council, office or other  governmental  entity  performing  a
governmental  or  proprietary function for the state, or any combination
thereof as provided in subdivision two of section nine hundred fifty-one
of the executive law, except any  public  authority  or  public  benefit
corporation, the judiciary or the state legislature.
  S 16.  Section 17 of the state finance law, as added by chapter 577 of
the laws of 1988, is amended to read as follows:
  S  17.  Reports on financed equipment acquisitions. Within thirty days
following the close of each calendar quarter, beginning with the  calen-
dar  quarter  ending  on December thirty-first, nineteen hundred eighty-
eight, the director of the budget  shall,  to  the  extent  practicable,
provide  a  report to the chairs of the senate finance committee and the
assembly  ways  and  means  committee  showing  expenditures  for  lease

S. 3174                             7

purchase  and  installment purchase payments made by or on behalf of any
state department and agency or any unit of the state university [or city
university of New York] for financed equipment acquisitions  during  the
preceding  calendar  quarter. Such reports shall be organized by agency,
program, fund, and appropriation. State  departments  and  agencies  and
units of the state university [and the city university of New York], the
state  comptroller,  and  the  commissioner  of  the  office  of general
services shall assist the director in obtaining the  information  neces-
sary to produce such reports.
  S  17.  The  opening  paragraph  of subdivision 8 of section 22 of the
state finance law, as amended by chapter 762 of the  laws  of  1992  and
renumbered by section 2 of part F of chapter 389 of the laws of 1997, is
amended to read as follows:
  Within  ten  days following the submission of the budget by the gover-
nor, the director of the budget shall transmit  to  the  chairs  of  the
senate  finance  committee  and  the assembly ways and means committee a
report, by agency, program, and fund, including but not limited to,  the
following  information pertaining to financed equipment acquisitions for
state departments, agencies and units of the state university  [and  the
city university of New York] including those financed equipment acquisi-
tions financed by the issuance of certificates of participation or simi-
lar  instruments  for state departments, agencies and units of the state
[and city universities] UNIVERSITY of New York:
  S 18. Paragraph e of subdivision 2 and paragraph a of subdivision 3 of
section 40 of the state finance law are REPEALED.
  S 19. Subparagraph (i) of paragraph c of subdivision  6,  subparagraph
(i) of paragraph j and subparagraph (i) of paragraph k of subdivision 10
of section 54 of the state finance law, are REPEALED.
  S  20.  Subdivisions 1 and 3 of section 66-a of the state finance law,
as amended by chapter 539 of the laws of 1989, are amended  to  read  as
follows:
  1.   No person, partnership, corporation or other legal entity nor any
state officer, employee, agency, department, [the city university of New
York,] the legislature or the  judiciary  shall  issue  certificates  of
participation or similar instruments representing the right to receive a
proportionate  share in lease, installment or other periodic payments to
be made by any state department, agency or the city  university  of  New
York  except  in accordance with the provisions of this article and with
the express written approval of the state comptroller. The provisions of
this section are hereby made a part of every purchase  contract  entered
into by such a state entity providing for periodic payments by any state
department,  OR  agency [or the city university of New York]. Every such
contract shall contain a clause expressly  reciting  the  provisions  of
this  subdivision, provided, however, that the absence of such clause in
such a contract shall not obviate the duty of  all  parties  thereto  to
comply  with the provisions of this subdivision. Neither this provision,
nor any other provision of this article shall be  construed  to  prevent
such  state  entities  from  entering into installment purchase or lease
purchase agreements funded without the use of  certificates  of  partic-
ipation or similar instruments.
  3.  No  state  officer,  employee,  department, OR agency [or the city
university of New York] shall enter into  any  agreement  in  connection
with  the  issuance  of certificates of participation which requires any
payment by the state to the  trustee,  on  behalf  of  holders  of  such
certificates, during the month of April of any year.

S. 3174                             8

  S  21.  Subdivisions 1 and 4 of section 66-b of the state finance law,
subdivision 1 as amended by chapter 219 of the laws of 1999 and subdivi-
sion 4 as amended by section 41 of part BB of chapter 58 of the laws  of
2011, are amended to read as follows:
  1.  The  director  of  the  budget  shall determine whether the use of
certificates of participation to finance and/or to refinance installment
purchase or lease purchase contracts entered into by state  departments,
OR  agencies [or the city university of New York] is financially desira-
ble and in the best interest of the state. Upon notice of such a  deter-
mination  the state comptroller is authorized, pursuant to a request for
proposals, competitive bidding or negotiated placement, to cause  to  be
issued  certificates of participation or similar instruments that repre-
sent undivided proportionate interests in periodic payments due from the
state to fund installment purchase or lease purchase  contracts  entered
into,  or  expected  to be entered into, by the state departments, agen-
cies, [the city university of New York,]  or  any  combination  thereof,
pursuant  to the provisions of this article. The state comptroller shall
issue regulations to govern the procedure he shall follow  in  any  sale
conducted  pursuant  to  this  section  of such certificates. Such regu-
lations shall, in  the  case  of  all  sales,  require  that  notice  be
published in a definitive trade publication of the municipal bond indus-
try  published  on  each business day in the state of New York, which is
generally available to participants  in  the  municipal  bond  industry,
which  notice  shall  state the terms of the sale. The proceeds from the
issuance of such certificates may also be used for the establishment  of
reserve  funds  to  secure  such  certificates,  the  cost or premium of
letters of credit, insurance or other credit enhancements, the  cost  of
bond  counsel,  financial  advisor,  trustees and paying agent, and such
other related expenses as may be necessary  for  the  issuance  of  such
certificates.  The foregoing shall not be construed to authorize the use
of such proceeds for the payment of personal service expenses  of  state
departments,  OR  agencies  [or  the city university of New York], other
than payments made to the department of law for legal services rendered.
  4. Subject to the provisions of chapter fifty-nine of the laws of  two
thousand, but notwithstanding any other provisions of law to the contra-
ry,  the  maximum  amount  of  certificates  of participation or similar
instruments representing periodic payments due from  the  state  of  New
York,  issued  on  behalf  of  state departments and agencies[, the city
university of New York] and any other state entity  otherwise  specified
after  March  thirty-first,  two  thousand  three shall be seven hundred
eighty-four million  two  hundred  eighty-five  thousand  dollars.  Such
amount  shall  be  exclusive of certificates of participation or similar
instruments issued to fund a reserve fund or funds,  costs  of  issuance
and to refund outstanding certificates of participation.
  S  22.  Section 66-d of the state finance law, as added by chapter 583
of the laws of 1986, subdivisions 1 and 2 as amended by chapter  539  of
the  laws  of  1989,  and subdivision 3 as amended by chapter 577 of the
laws of 1988, is amended to read as follows:
  S 66-d. Annual ceiling on certificates of participation. 1. The gover-
nor shall include in the bills which he submits in connection  with  the
executive  budget  his  recommendation as to the total maximum amount of
certificates of participation to be issued  for  purchases  of  personal
property by state departments, AND agencies[, and the city university of
New  York]  pursuant  to  this  article during the upcoming fiscal year,
exclusive of refunding  and,  in  addition,  a  list  of  real  property
projects  of state departments, AND agencies [and the city university of

S. 3174                             9

New York] contemplated to be financed through the use of certificates of
participation.
  2.  The  maximum  amount  of  certificates of participation or similar
instruments representing periodic payments due from  the  state  of  New
York issued for state departments, AND agencies [and the city university
of New York] within a fiscal year shall not exceed the maximum principal
amount  authorized  in the budget enacted into law for such fiscal year,
or in any other law as amended from time to time.
  3. Certificates of participation issued to refund  or  advance  refund
prior  issues  of  certificates  of participation or similar instruments
including certificates  of  participation  issued  pursuant  to  section
sixty-six-b  of  this  article  and certificates of participation issued
before July twenty-fourth, nineteen hundred eighty-six, representing the
right to receive a proportionate share in lease,  installment  or  other
periodic  payments to be made by any state department, agency or unit of
the state university [or the city university]  of  New  York  shall  not
count  against  the  above ceilings, provided that the state comptroller
determines that there will be a savings to the state on  total  periodic
payments  on  a  present value basis as a result of the refunding trans-
action.
  S 23. Section 66-f of the state finance law, as amended by chapter 539
of the laws of 1989, is amended to read as follows:
  S 66-f. Certain interagency transfers authorized.  The director of the
budget may, if necessary, authorize the  transfer  of  monies  from  one
state  department, OR agency [or the city university of New York] to pay
for installment purchases or lease purchases  made  on  its  behalf,  to
another state department, OR agency [or the city university of New York]
under  a multi-agency installment purchase contract financed through the
issuance of certificates of participation or similar instruments, but in
no case shall the aggregate of state payments exceed  the  total  amount
actually  appropriated  for  the  underlying  installment purchase obli-
gations. The director of the budget shall file his approval of a certif-
icate of allocation for such a transfer with the state  comptroller  and
the  chairs  of  the  senate finance committee and the assembly ways and
means committee.
  S 24. Section 66-j of the state finance law, as amended by chapter 219
of the laws of 1999, is amended to read as follows:
  S 66-j. Annual report. On or before February fifteenth of each  fiscal
year,  beginning  with  the  nineteen  hundred eighty-eight--eighty-nine
fiscal year and ending with the nineteen  hundred  ninety-seven--ninety-
eight  fiscal  year,  and  on  or  before  February  fifteenth  and June
fifteenth of each fiscal year, beginning with the nineteen hundred nine-
ty-eight--ninety-nine fiscal year, the state comptroller shall submit an
annual report to the director of the budget and the chairs of the senate
finance committee and the assembly ways and  means  committee  regarding
the issuance of certificates of participation issued under this article.
Such report shall include a summary statement of the aggregate amount of
certificates  of  participation  issued  under this article. Such report
shall also include, but not be limited to, specific detail pertaining to
each issuance, including the state department, agency, or  unit  of  the
state  university  [or  city  university] of New York which entered into
lease or installment purchases funded through the use of certificates of
participation, including each issuance for the legislature or the  judi-
ciary,  the  amounts, purposes, and financing terms and payment schedule
of each issuance, as well as any  other  matter  which  the  comptroller
deems advisable.

S. 3174                            10

  S  25.  Subdivision  1  of  section  66-k of the state finance law, as
amended by chapter 539 of the laws  of  1989,  is  amended  to  read  as
follows:
  1.    This  section shall not apply to appropriations made to units of
the state university [or the city university] of New York.
  S 26. Section 92-ee of the state finance law, as added by section 1 of
part LL of chapter 57 of the  laws  of  2008,  is  amended  to  read  as
follows:
  S  92-ee.  New  York state higher education endowment. There is hereby
established in the custody of the comptroller a fund to be known as  the
New  York  state  higher  education endowment. Notwithstanding any other
provision of law, all of the assets and income of the endowment shall be
held and invested by the  comptroller  as  trustee  of  such  endowment,
except such income as may be allocated or distributed by the comptroller
pursuant to appropriation. The endowment shall consist of amounts trans-
ferred into such endowment, and any other amounts as may be deposited in
the  endowment from other public or private sources. Amounts transferred
to or deposited into the endowment  shall  be  dedicated  to  [the  city
university  of New York and] the state university of New York, and shall
be used for no other purpose and distributions from the endowment  shall
be  used  to  supplement,  rather than supplant, appropriations from the
state in support of [the city university of  New  York  and]  the  state
university  of  New York. The full amount of the principal of the endow-
ment shall be preserved and annual  payments  shall  be  made  from  the
investment  earnings of the endowment in support of [the city university
of New York and] the state university of New York,  to  provide  funding
for  purposes  including,  but  not limited to, employment of additional
full-time faculty members, student  financial  aid  to  improve  access,
grants for research and development, and for additional higher education
purposes as may be authorized.
  S  27.  Section 99-d of the state finance law, as added by chapter 309
of the laws of 1996, is REPEALED.
  S 28. Subdivision 9 of section  160  of  the  state  finance  law,  as
amended  by  chapter  106  of  the  laws  of 2012, is amended to read as
follows:
  9. "State agency" or "state agencies"  means  all  state  departments,
boards,  commissions, offices or institutions but excludes, however, for
the purposes of subdivision five of section three hundred fifty-five  of
the  education  law, the state university of New York [and excludes, for
the purposes of subdivision a of section sixty-two hundred  eighteen  of
the  education law, the city university of New York]; provided, however,
that the state university of New York [and the city  university  of  New
York]  shall  be subject to the provisions of section one hundred sixty-
five-a of this article. Furthermore, such term  shall  not  include  the
legislature or the judiciary.
  S  29.  The opening paragraph and the opening paragraph of paragraph a
of subdivision 7 of section 165 of the state finance law, as amended  by
chapter 562 of the laws of 2003, is amended to read as follows:
  Special  provisions  regarding  the  purchasing  of  apparel or sports
equipment by the state university of New York [and the  city  university
of New York].
  Notwithstanding  any  other provision of law, the various units of the
state university of New York[, the city  university  of  New  York]  and
community colleges shall have authority to:

S. 3174                            11

  S 30. Paragraph b of subdivision 1 of section 166 of the state finance
law,  as  amended  by section 31 of part RR of chapter 57 of the laws of
2008, is amended to read as follows:
  b.  Notwithstanding the provisions of paragraph a of this subdivision,
which shall not apply to financed equipment acquisitions  for  units  of
the  state  university  [and  city  university] of New York, no financed
equipment acquisition may be approved by the state comptroller for  such
units  until  the  director  of  the  budget has determined whether such
financed equipment acquisition shall  be  financed  by  certificates  of
participation  pursuant  to  section  sixty-six-b  of  this chapter. The
director of the budget shall make such determination no later than thir-
ty days following the submission of documentation, satisfactory  to  the
director from the state university [or city university] of New York.  If
within  such  period  of  time  the director does not indicate that such
financed equipment acquisition shall  be  financed  by  certificates  of
participation, the state university [or city university] of New York may
proceed  with  a  financed  equipment acquisition in accordance with any
other applicable provision of law. The board of trustees  of  the  [city
university of New York and the board of trustees of the] state universi-
ty  of New York shall [each] promulgate regulations in consultation with
the comptroller and subject to the approval of the director of the budg-
et regarding the circumstances under  which  units  of  [the  respective
universities]  SUCH  UNIVERSITY may use certificates of participation or
other financed equipment acquisitions. Such  regulations  shall  include
but  not be limited to: the establishment of minimum finance acquisition
cost; restrictions on the use  of  certificates  of  participation;  and
annual  ceilings  on  financed equipment acquisitions. [Each] SUCH board
shall file copies of its regulations with the director  of  the  budget,
the  comptroller, and the chairs of the senate finance committee and the
assembly ways and means committee.
  S 31. Subdivision 9 of section 179-e of  the  state  finance  law,  as
added by chapter 153 of the laws of 1984, is amended to read as follows:
  9.  "State  agency"  means  any department, board, bureau, commission,
division, office, council, institution, or committee in  the  executive,
legislative, or judicial branches of state government; [the city univer-
sity  of  New York when acting on behalf of any of its senior colleges;]
the  facilities  development  corporation;  or  the   state   university
construction fund.
  S 32. Clause (i) of subparagraph 1 of paragraph (b) of subdivision 2-a
of  section 200 of the state finance law, as added by chapter 947 of the
laws of 1990, is amended to read as follows:
  (i) officers and employees of  the  executive  branch  (including  the
state  university [and the senior colleges of the city university of New
York)];
  S 33. Section 201-c of the state finance law is REPEALED.
  S 34. Subdivision 1 of section 171-a of the tax  law,  as  amended  by
section  1  of  part  R of chapter 60 of the laws of 2004, is amended to
read as follows:
  1. All taxes, interest, penalties and fees collected  or  received  by
the commissioner or the commissioner's duly authorized agent under arti-
cles nine (except section one hundred eighty-two-a thereof and except as
otherwise  provided  in  section  two  hundred  five  thereof),  nine-A,
twelve-A (except as otherwise provided in section  two  hundred  eighty-
four-d  thereof),  thirteen, thirteen-A (except as otherwise provided in
section  three  hundred  twelve  thereof),  eighteen,  nineteen,  twenty
(except  as otherwise provided in section four hundred eighty-two there-

S. 3174                            12

of),  twenty-one,  twenty-two,  twenty-six,  twenty-six-B,  twenty-eight
(except  as  otherwise  provided in section eleven hundred two or eleven
hundred three thereof), twenty-eight-A, thirty-one (except as  otherwise
provided  in  section  fourteen hundred twenty-one thereof), thirty-two,
thirty-three and thirty-three-A of this chapter shall be deposited daily
in one account with such responsible  banks,  banking  houses  or  trust
companies  as may be designated by the comptroller, to the credit of the
comptroller. Such an account may be established in one or more  of  such
depositories.  Such  deposits  shall be kept separate and apart from all
other money in the possession of the comptroller. The comptroller  shall
require  adequate  security  from  all  such  depositories. Of the total
revenue collected or received under such articles of this  chapter,  the
comptroller  shall  retain in the comptroller's hands such amount as the
commissioner may determine to be necessary for refunds or reimbursements
under such articles of this chapter [and article  ten  thereof]  out  of
which  amount the comptroller shall pay any refunds or reimbursements to
which taxpayers shall be entitled under the provisions of such  articles
of  this  chapter  [and  article  ten thereof]. The commissioner and the
comptroller shall maintain a system of accounts showing  the  amount  of
revenue  collected  or  received  from each of the taxes imposed by such
articles. The comptroller,  after  reserving  the  amount  to  pay  such
refunds  or  reimbursements,  shall,  on or before the tenth day of each
month, pay into the state treasury to the credit of the general fund all
revenue deposited under this section during the preceding calendar month
and remaining to the comptroller's  credit  on  the  last  day  of  such
preceding  month, (i) except that the comptroller shall pay to the state
department of social services that amount of overpayments of tax imposed
by article twenty-two of this chapter and the interest  on  such  amount
which  is certified to the comptroller by the commissioner as the amount
to be credited against past-due support pursuant to subdivision  six  of
section  one hundred seventy-one-c of this chapter, (ii) and except that
the comptroller shall  pay  to  the  New  York  state  higher  education
services  corporation  and the state university of New York [or the city
university of New York respectively] that amount of overpayments of  tax
imposed  by  article twenty-two of this chapter and the interest on such
amount which is certified to the comptroller by the commissioner as  the
amount  to  be  credited  against the amount of defaults in repayment of
guaranteed student loans and state university loans [or city  university
loans] pursuant to subdivision five of section one hundred seventy-one-d
and  subdivision  six of section one hundred seventy-one-e of this chap-
ter, (iii) and except further that, notwithstanding any law,  the  comp-
troller  shall  credit  to  the  revenue  arrearage account, pursuant to
section ninety-one-a of the state finance law, that amount  of  overpay-
ment  of  tax imposed by article nine, nine-A, twenty-two, thirty, thir-
ty-A, thirty-B, thirty-two or thirty-three  of  this  chapter,  and  any
interest  thereon,  which is certified to the comptroller by the commis-
sioner as the amount to be credited against a past-due legally enforcea-
ble debt owed to a state agency pursuant to paragraph (a) of subdivision
six of section one hundred  seventy-one-f  of  this  article,  provided,
however, he shall credit to the special offset fiduciary account, pursu-
ant  to  section  ninety-one-c of the state finance law, any such amount
creditable as a liability as set forth in paragraph (b)  of  subdivision
six  of  section  one  hundred  seventy-one-f  of this article, (iv) and
except further that the comptroller shall pay to the city  of  New  York
that amount of overpayment of tax imposed by article nine, nine-A, twen-
ty-two,  thirty, thirty-A, thirty-B, thirty-two, or thirty-three of this

S. 3174                            13

chapter and any interest thereon that is certified to the comptroller by
the commissioner as the amount to be credited against city of  New  York
tax  warrant judgment debt pursuant to section one hundred seventy-one-l
of  this  article, (v) and except further that the comptroller shall pay
to a non-obligated spouse that amount of overpayment of tax  imposed  by
article twenty-two of this chapter and the interest on such amount which
has  been  credited  pursuant  to section one hundred seventy-one-c, one
hundred seventy-one-d, one hundred seventy-one-e, one  hundred  seventy-
one-f  or  one hundred seventy-one-l of this article and which is certi-
fied to the comptroller by the commissioner as the amount due such  non-
obligated  spouse pursuant to paragraph six of subsection (b) of section
six hundred fifty-one of this chapter; and (vi)  the  comptroller  shall
deduct  a  like amount which the comptroller shall pay into the treasury
to the credit of the general fund from amounts subsequently  payable  to
the  department  of  social services, the state university of New York[,
the city university of New  York],  or  the  higher  education  services
corporation,  or the revenue arrearage account or special offset fiduci-
ary account pursuant to section  ninety-one-a  or  ninety-one-c  of  the
state  finance  law, as the case may be, whichever had been credited the
amount originally withheld from such overpayment, and (vii) with respect
to amounts originally withheld from such overpayment pursuant to section
one hundred seventy-one-l of this article and paid to the  city  of  New
York,  the  comptroller shall collect a like amount from the city of New
York.
  S 35. Paragraph (ii) of subsection 5 of section 171-c of the tax  law,
as  amended  by  chapter  601 of the laws of 2007, is amended to read as
follows:
  (ii) Only the balance remaining, after such overpayment and the inter-
est thereon has been credited as described  in  paragraph  (i)  of  this
subdivision,  shall  be certified as an overpayment plus any interest to
be credited against past-due support, with the remainder to be  refunded
to  the taxpayer if such remainder is not required to satisfy the amount
of a default in repayment of a state university loan [or city university
loan] pursuant to section one  hundred  seventy-one-e  of  this  article
and/or  the  amount  of  a past-due legally enforceable debt pursuant to
section one hundred seventy-one-f of this article and/or a city  of  New
York  tax warrant judgment debt pursuant to section one hundred seventy-
one-l of this article and/or the amount of a default in repayment  of  a
guaranteed student loan pursuant to section one hundred seventy-one-d of
this  article. In cases where the taxpayer owes past-due support to more
than one person or entity, and the  total  amount  of  past-due  support
certified to the commissioner by the state office of temporary and disa-
bility  assistance  exceeds  the  balance remaining, each such person or
entity shall receive a pro rata share of  the  balance  remaining,  such
share  to be based on the amount of past-due support owed to such person
or entity as certified to the commissioner by such  office  pursuant  to
this  section.  The  state office of temporary and disability assistance
shall be responsible for determining and distributing each  person's  or
entity's  pro  rata share of past-due support pursuant to regulations of
such office.
  S 36. Subparagraph (E) of paragraph (i) of subdivision  4  of  section
171-d of the tax law is REPEALED.
  S  37.  Section 171-e of the tax law, as amended by chapter 638 of the
laws of 1985, subdivision 2 as separately amended by  chapters  638  and
222  of the laws of 1985, subdivision 3 and paragraph (b) of subdivision
4 as amended by chapter 55 of the laws of 1992, subdivisions 4 and 7  as

S. 3174                            14

amended  by  chapter  686 of the laws of 1989, subparagraph (C) of para-
graph (a) of subdivision 5 as amended by chapter  639  of  the  laws  of
1986, and paragraph (b) of subdivision 5 as amended by section 4 of part
R of chapter 60 of the laws of 2004, is amended to read as follows:
  S 171-e. Certain     overpayments     credited     against    national
defense/national direct, health professions or  nursing  student  loans.
(1)  As  used in this section only, the term "state university loan" [or
"city university loan"] refers to loans provided to students  at  state-
operated  units of the state university of New York [or the city univer-
sity of New  York  respectively]  under  the  national  defense/national
direct, health professions or nursing student loan programs.
  (2)  The  commissioner  of  taxation and finance, on behalf of the tax
commission, shall enter into a written agreement with the state  univer-
sity of New York [or the city university of New York respectively] which
shall set forth the procedures for crediting any overpayment by an indi-
vidual,  estate  or trust of income tax imposed by article twenty-two of
this chapter, city personal income tax on residents imposed pursuant  to
the  authority  of  article  thirty  of  this  chapter,  city income tax
surcharge on residents imposed pursuant  to  the  authority  of  article
thirty-A  of  this  chapter,  city  earnings tax on nonresidents imposed
pursuant to the authority of former article two-E of  the  general  city
law  and  city  earnings  tax  on  nonresidents  imposed pursuant to the
authority of article thirty-B of this chapter and the interest  on  such
overpayments  against  the amount of any default in repayment of a state
university loan [or city  university  loan]  owed  by  such  individual,
estate  or  trust  of which the commissioner of taxation and finance has
been notified by the state university of New York [or the city universi-
ty of New York respectively] pursuant to the provisions of  such  agree-
ment.
  (3)  Such  agreement  shall  apply  only to the amount of a default in
repayment of a state university loan [or city  university  loan]  as  to
which the state and/or state university of New York [or the city univer-
sity  of  New  York  respectively] has obtained a judgment or has made a
determination that satisfies the requirements of  subdivision  three  of
section one hundred seventy-one-f of this article.
  (4) Such agreement shall include:
  (a) the procedure under which the state university of New York [or the
city  university of New York respectively] shall notify the commissioner
of taxation and finance of a default in a repayment of a state universi-
ty loan [or city university loan], such procedure to  specify  when  the
commissioner  of  taxation and finance shall be notified and the content
of such notification;
  (b) the minimum amount outstanding on a  default  in  repayment  of  a
state  university  loan  [or  city  university  loan]  against which the
commissioner of taxation and finance shall, pursuant  to  this  section,
credit an overpayment;
  (c)  the  procedure  for reimbursement of the commissioner of taxation
and finance by the state university of New York [or the city  university
of  New  York respectively] for the full cost of carrying out the proce-
dures authorized by this section;
  (d) a provision providing that  information  furnished  to  the  state
university of New York [or the city university of New York respectively]
by the commissioner of taxation and finance and the comptroller pursuant
to  said  agreement  shall  be  considered confidential and shall not be
disclosed except to such federal or state department or agency  entitled
to such information;

S. 3174                            15

  (e)  such  other  matters  as the parties to such agreement shall deem
necessary to carry out the provisions of this section; and
  (f)  the  procedure  for reimbursement of the comptroller by the state
university of New York [or city university of New York] for any overpay-
ment and interest thereon which has been credited against the amount  of
default  on  repayment  of a state university loan [or a city university
loan] owed by a taxpayer filing a  joint  return,  but  which  has  been
refunded by the comptroller, pursuant to paragraph six of subsection (b)
of section six hundred fifty-one of this chapter, to a spouse not liable
for  the  amount  of default in repayment of a state university loan [or
city university loan] owed by such taxpayer.
  (5) (a) In calculating the amount of an overpayment and interest ther-
eon which shall be credited against the amount of a default in repayment
of a state university loan [or city university loan] owed by a taxpayer,
the tax commission shall first credit the overpayment and interest ther-
eon against any:
  (A) liability of such taxpayer in respect of any tax imposed  by  this
chapter;
  (B)  liability  of  such  taxpayer for any tax imposed pursuant to the
authority of this chapter or any other law if such tax  is  administered
by the tax commission;
  (C)  estimated  tax  for  the succeeding taxable year if such taxpayer
claims such overpayment or a portion thereof as a credit  against  esti-
mated tax for such succeeding taxable year pursuant to subsection (e) of
section  six  hundred  eighty-six  of this chapter or subdivision (e) of
section 11-1786 of the administrative code of the city of New  York  for
any  tax  imposed pursuant to the authority of this chapter or any other
law if such tax is administered by the tax commission; and
  (D) past-due support owed by the  taxpayer  pursuant  to  section  one
hundred seventy-one-c of this chapter;
  (b)  Only the balance remaining, after such overpayment and the inter-
est thereon has been credited as described  in  paragraph  (a)  of  this
subdivision,  shall  be certified as an overpayment plus any interest to
be credited against the amount of a default  in  repayment  of  a  state
university  loan  [or  city  university  loan], with the remainder to be
refunded to the taxpayer if such remainder is not  required  to  satisfy
the  amount  of  a past-due legally enforceable debt pursuant to section
one hundred seventy-one-f of this article, and/or a city of New York tax
warrant judgment debt pursuant to section one hundred  seventy-one-l  of
this article and/or the amount of a default in repayment of a guaranteed
student loan pursuant to section one hundred seventy-one-d of this arti-
cle.
  (6)  The  tax  commission  shall  certify to the comptroller the total
amount of the overpayment and the  interest  on  such  overpayment,  the
amount of such overpayment and the interest on such amount to be credit-
ed  against the amount of the default in repayment of a state university
loan [or city university loan] and the balance of such  overpayment  and
interest to be refunded to the taxpayer.
  (7) The commissioner of taxation and finance shall notify the taxpayer
making  the  overpayment,  in writing, of the amount of such overpayment
and the interest thereon certified to the comptroller as the  amount  to
be  credited  against  the  amount  of a default in repayment of a state
university loan [or city university loan].  Such  notice  shall  include
notification  to any other person who may have filed a joint return with
the taxpayer of the steps such other person may take in order to  secure
his or her proper share of the refund.

S. 3174                            16

  (8)  From  the  time the state tax commission is notified by the state
university of New York [or the city university of New York respectively]
of an individual's, estate's or trust's default in repayment of a  state
university  loan  [or city university loan] under the agreement provided
for  in  this  section,  the  state tax commission and the department of
taxation and finance shall be relieved from all liability to such  indi-
vidual,  estate  or trust, their assigns, successors, heirs or represen-
tatives for the amount of an overpayment and  interest  on  such  amount
certified  to  the  comptroller  to  be credited against the amount of a
default in repayment of such state university loan [or  city  university
loan]  and  such  individual,  estate  or  trust  shall have no right to
commence a court action or proceeding or to  any  other  legal  recourse
against  the  state  tax  commission  or  the department of taxation and
finance to recover such overpayment or such interest  certified  to  the
comptroller to be credited against the amount of default in repayment of
a  state  university  loan [or city university loan]. Provided, however,
nothing herein shall be construed to prohibit such individual, estate or
trust from proceeding against the state university of New York  [or  the
city  university  of New York respectively] to recover that part of such
overpayment or interest thereon so certified to the  comptroller  to  be
credited against the amount of a default in repayment of a state univer-
sity  loan [or city university loan] which is greater than the amount of
such default owed by such individual, estate or trust  on  the  date  of
such certification.
  (9)  The tax commission shall promulgate such rules and regulations as
it deems necessary to carry out the provisions of this section.
  S 38. Subparagraph (vi) of paragraph (a) of subdivision 5  of  section
171-f  of the tax law, as added by chapter 55 of the laws of 1992 and as
renumbered by chapter 170 of the laws of 1994, is  amended  to  read  as
follows:
  (vi)  the  amount  of a default in repayment of a state university [or
city university] loan pursuant to section one hundred  seventy-one-e  of
this article.
  S  39.  Subparagraph (vi) of paragraph (a) of subdivision 4 of section
171-l of the tax law, as added by section 6 of part R of chapter  60  of
the laws of 2004, is amended to read as follows:
  (vi)  the  amount  of a default in repayment of a state university [or
city university] loan pursuant to section one hundred  seventy-one-e  of
this article.
  S  40. Paragraph 6 of subsection (b) of section 651 of the tax law, as
amended by section 9 of part R of chapter 60 of the  laws  of  2004,  is
amended to read as follows:
  (6)  If a joint return has been made under this subsection for a taxa-
ble year and only one spouse is liable for past-due support, or a  past-
due legally enforceable debt, or a city of New York tax warrant judgment
debt,  or  an  amount of a default in repayment of a guaranteed student,
state university [or city university] loan of which the commissioner  of
taxation  and  finance has been notified pursuant to section one hundred
seventy-one-c, one hundred seventy-one-d, one hundred seventy-one-e, one
hundred seventy-one-f, or one hundred seventy-one-l of this chapter,  as
the case may be, then an overpayment and interest thereon shall be cred-
ited  against  such  past-due support, or a past-due legally enforceable
debt, or a city of New York tax warrant judgment debt, or such amount of
a default in repayment of a guaranteed student[,]  OR  state  university
[or  city  university] loan, unless the spouse not liable for such past-
due support, or a past-due legally enforceable debt, or a  city  of  New

S. 3174                            17

York tax warrant judgment debt, or such amount of a default in repayment
of a guaranteed student[,] OR state university [or city university] loan
demands  on  a  declaration  made  in  accordance  with  regulations  or
instructions  prescribed  by  the  commissioner of taxation and finance,
that the portion of the overpayment and interest  attributable  to  such
spouse  not  be  credited  against  the  past-due support, or a past-due
legally enforceable debt, or a city of New  York  tax  warrant  judgment
debt,  or amount of a default in repayment of a guaranteed student[,] OR
state university [or city university] loan owed  by  the  other  spouse.
Such  demand  may  be filed (A) with the return of the spouse not liable
for past-due support, or a past-due legally enforceable debt, or a  city
of  New  York  tax  warrant  judgment debt, or default in repayment of a
guaranteed student[,] OR state university[, or city university] loan  or
(B)  with the commissioner of taxation and finance within ten days after
notification is provided such spouse by the commissioner of taxation and
finance pursuant to subdivision seven of section  one  hundred  seventy-
one-c, subdivision six of section one hundred seventy-one-d, subdivision
seven of section one hundred seventy-one-e, subdivision seven of section
one  hundred  seventy-one-f  or  subdivision  six of section one hundred
seventy-one-l of this chapter. Upon  such  demand  the  commissioner  of
taxation  and  finance  shall  determine  the  amount of the overpayment
attributable to each spouse in accordance with regulations prescribed by
the commissioner of taxation and finance and credit only that portion of
the overpayment and interest thereon attributable to the  spouse  liable
for  past-due support, or a past-due legally enforceable debt, or a city
of New York tax warrant judgment debt, or amount of a default in  repay-
ment of a guaranteed student[,] OR state university [or city university]
loan  against  such  past-due support, or a past-due legally enforceable
debt, or a city of New York tax warrant judgment debt, or such amount of
a default in repayment of a guaranteed student[,]  OR  state  university
[or city university] loan.
  S  41.  Subsection  (a)  of  section 686 of the tax law, as amended by
section 10 of part C of chapter 25 of the laws of 2009,  is  amended  to
read as follows:
  (a)  General.--  The  commissioner of taxation and finance, within the
applicable period of limitations, may credit an  overpayment  of  income
tax and interest on such overpayment against any liability in respect of
any  tax  imposed by this chapter, including taxes imposed under article
twenty-three of this chapter, on the person who  made  the  overpayment,
against  any  liability  in  respect  of any tax imposed pursuant to the
authority of this chapter or any other law on such person if such tax is
administered by  the  commissioner  of  taxation  and  finance  and,  as
provided   in   sections   one   hundred   seventy-one-c,   one  hundred
seventy-one-d, one hundred seventy-one-e, one hundred seventy-one-f  and
one  hundred  seventy-one-l of this chapter, against past-due support, a
past-due legally enforceable debt, a city of New York tax warrant  judg-
ment debt, and against the amount of a default in repayment of a guaran-
teed  student[,]  OR  state  university  [or  city university] loan. The
balance shall be refunded by the comptroller out of the proceeds of  the
tax  retained  by  him  for  such general purpose. Any refund under this
section shall be made only upon the  filing  of  a  return  and  upon  a
certificate  of  the commissioner approved by the comptroller. The comp-
troller, as a condition precedent to the approval of such a certificate,
may examine into the facts as disclosed by the return of the person  who
made  the  overpayment  and  other information and data available in the
files of the commissioner.

S. 3174                            18

  S 42. Paragraph 3 of subsection (e) of section 697 of the tax law,  as
amended  by  chapter  206  of  the  laws  of 2011, is amended to read as
follows:
  (3)  Nothing herein shall be construed to prohibit the department, its
officers or employees from  furnishing  information  to  the  office  of
temporary and disability assistance relating to the payment of the cred-
it for certain household and dependent care services necessary for gain-
ful  employment  under subsection (c) of section six hundred six of this
article and the earned income credit under subsection (d) of section six
hundred six of this article and the enhanced earned income credit  under
subsection (d-1) of section six hundred six of this article, or pursuant
to  a  local law enacted by a city having a population of one million or
more pursuant to subsection (f) of section thirteen hundred ten of  this
chapter,  only  to  the  extent  necessary  to calculate qualified state
expenditures under paragraph seven of subdivision (a)  of  section  four
hundred nine of the federal social security act or to document the prop-
er  expenditure of federal temporary assistance for needy families funds
under section four hundred three of such act. The  office  of  temporary
and  disability assistance may redisclose such information to the United
States department of health and human services only to the extent neces-
sary to calculate such qualified state expenditures or to  document  the
proper  expenditure of such federal temporary assistance for needy fami-
lies funds. Nothing herein shall be construed to prohibit  the  delivery
by  the  commissioner to a commissioner of jurors, appointed pursuant to
section five hundred four of the judiciary law, or, in  counties  within
cities  having  a population of one million or more, to the county clerk
of such county, of a mailing list of  individuals  to  whom  income  tax
forms are mailed by the commissioner for the sole purpose of compiling a
list of prospective jurors as provided in article sixteen of the judici-
ary law. Provided, however, such delivery shall only be made pursuant to
an order of the chief administrator of the courts, appointed pursuant to
section  two  hundred  ten  of  the  judiciary law. No such order may be
issued unless such chief administrator is satisfied  that  such  mailing
list  is  needed  to compile a proper list of prospective jurors for the
county for which such order is sought and that, in view of the responsi-
bilities imposed by the various laws of the state on the department,  it
is  reasonable  to  require  the commissioner to furnish such list. Such
order shall provide that such list shall be used for the sole purpose of
compiling a list of prospective jurors and  that  such  commissioner  of
jurors,  or  such county clerk, shall take all necessary steps to insure
that the list is kept confidential and that there is no unauthorized use
or disclosure  of  such  list.  Furthermore,  nothing  herein  shall  be
construed  to  prohibit  the  delivery  to a taxpayer or his or her duly
authorized representative of a certified copy of any  return  or  report
filed  in  connection with his or her tax or to prohibit the publication
of statistics so classified as to prevent the identification of  partic-
ular  reports or returns and the items thereof, or the inspection by the
attorney general or other legal representatives  of  the  state  of  the
report  or return of any taxpayer or of any employer filed under section
one hundred seventy-one-h  of  this  chapter,  where  such  taxpayer  or
employer  shall bring action to set aside or review the tax based there-
on, or against whom an action or proceeding under this chapter or  under
this  chapter and article eighteen of the labor law has been recommended
by the commissioner, the commissioner of labor with respect to unemploy-
ment insurance matters, or the attorney general or has been  instituted,
or  the inspection of the reports or returns required under this article

S. 3174                            19

by the comptroller or duly designated officer or employee of  the  state
department  of  audit and control, for purposes of the audit of a refund
of any tax paid by a taxpayer under this article, or the  furnishing  to
the  state  department  of  labor  of unemployment insurance information
obtained or derived from quarterly combined withholding, wage  reporting
and  unemployment  insurance  returns  required to be filed by employers
pursuant to paragraph four of subsection  (a)  of  section  six  hundred
seventy-four  of  this  article,  for purposes of administration of such
department's  unemployment  insurance   program,   employment   services
program,  federal and state employment and training programs, employment
statistics and labor  market  information  programs,  worker  protection
programs,  federal  programs for which the department has administrative
responsibility or for other purposes deemed appropriate by  the  commis-
sioner  of  labor  consistent  with the provisions of the labor law, and
redisclosure of such information in accordance with  the  provisions  of
sections  five  hundred  thirty-six and five hundred thirty-seven of the
labor law or any other applicable law, or the furnishing  to  the  state
office of temporary and disability assistance of information obtained or
derived  from New York state personal income tax returns as described in
paragraph (b) of subdivision two of section one hundred seventy-one-g of
this chapter for the purpose of reviewing support orders enforced pursu-
ant to title six-A of article three of the social services law to aid in
the determination of whether such orders  should  be  adjusted,  or  the
furnishing  of  information  obtained  from  the  reports required to be
submitted by employers  regarding  newly  hired  or  re-hired  employees
pursuant  to  section  one  hundred seventy-one-h of this chapter to the
state office of temporary and disability assistance, the  state  depart-
ment  of  health, the state department of labor and the workers' compen-
sation board  for  purposes  of  administration  of  the  child  support
enforcement program, verification of individuals' eligibility for one or
more  of  the  programs  specified  in  subsection (b) of section eleven
hundred thirty-seven of the federal social security act  and  for  other
public  assistance  programs authorized by state law, and administration
of the state's employment security and workers'  compensation  programs,
and  to  the  national  directory  of  new hires established pursuant to
section four hundred fifty-three-A of the federal  social  security  act
for  the  purposes  specified  in such section, or the furnishing to the
state office of temporary and disability assistance of the amount of  an
overpayment  of  income  tax and interest thereon certified to the comp-
troller to be credited against past-due support pursuant to section  one
hundred seventy-one-c of this chapter and of the name and social securi-
ty  number  of the taxpayer who made such overpayment, or the disclosing
to the commissioner of finance of the city  of  New  York,  pursuant  to
section  one  hundred seventy-one-l of this chapter, of the amount of an
overpayment and interest thereon certified  to  the  comptroller  to  be
credited against a city of New York tax warrant judgment debt and of the
name  and  social security number of the taxpayer who made such overpay-
ment, or the furnishing to the New York state higher education  services
corporation  of  the amount of an overpayment of income tax and interest
thereon certified to the comptroller to be credited against  the  amount
of  a  default  in repayment of any education loan debt, including judg-
ments, owed to the federal or New York state government  that  is  being
collected  by  the New York state higher education services corporation,
and of the name and social security number of the taxpayer who made such
overpayment, or the furnishing to the state department of health of  the
information required by paragraph (f) of subdivision two and subdivision

S. 3174                            20

two-a  of  section two thousand five hundred eleven of the public health
law and by subdivision eight of section three  hundred  sixty-six-a  and
paragraphs  (b)  and  (d)  of  subdivision  two of section three hundred
sixty-nine-ee of the social services law, or the furnishing to the state
university of New York [or the city university of New York respectively]
or the attorney general on behalf of such state [or city] university the
amount of an overpayment of income tax and interest thereon certified to
the comptroller to be credited against the amount of a default in repay-
ment  of  a state university loan pursuant to section one hundred seven-
ty-one-e of this chapter and of the name and social security  number  of
the  taxpayer  who  made  such overpayment, or the disclosing to a state
agency, pursuant to section one hundred seventy-one-f of  this  chapter,
of  the  amount  of an overpayment and interest thereon certified to the
comptroller to be credited against a past-due legally  enforceable  debt
owed  to  such  agency and of the name and social security number of the
taxpayer who made such overpayment, or the furnishing  of  employee  and
employer  information obtained through the wage reporting system, pursu-
ant to section one hundred seventy-one-a of this chapter,  as  added  by
chapter  five  hundred forty-five of the laws of nineteen hundred seven-
ty-eight, to the state office of temporary  and  disability  assistance,
the  department of health or to the state office of the medicaid inspec-
tor general for the purpose of verifying eligibility for and entitlement
to amounts of benefits under the social services law or similar  law  of
another  jurisdiction,  locating absent parents or other persons legally
responsible for the support of applicants for or  recipients  of  public
assistance  and  care  under the social services law and persons legally
responsible for the support of a recipient of services under section one
hundred eleven-g of the social services law and, in  appropriate  cases,
establishing support obligations pursuant to the social services law and
the family court act or similar provision of law of another jurisdiction
for the purpose of evaluating the effect on earnings of participation in
employment, training or other programs designed to promote self-suffici-
ency  authorized  pursuant to the social services law by current recipi-
ents of public assistance and care and by former applicants and  recipi-
ents  of  public assistance and care, (except that with regard to former
recipients, information which relates to a particular  former  recipient
shall  be  provided  with client identifying data deleted), to the state
office of temporary and disability assistance for the purpose of  deter-
mining  the eligibility of any child in the custody, care and custody or
custody and guardianship of a local social services district or  of  the
office  of  children and family services for federal payments for foster
care and adoption assistance pursuant to the provisions of title IV-E of
the federal social security act by providing information with respect to
the parents, the stepparents, the child and the siblings  of  the  child
who  were  living  in  the same household as such child during the month
that the court proceedings leading  to  the  child's  removal  from  the
household  were  initiated,  or the written instrument transferring care
and custody of the child pursuant to the  provisions  of  section  three
hundred  fifty-eight-a  or  three  hundred  eighty-four-a  of the social
services law was signed, provided however that the office  of  temporary
and disability assistance shall only use the information obtained pursu-
ant  to  this subdivision for the purpose of determining the eligibility
of such child for federal payments for foster care and adoption  assist-
ance  pursuant  to  the  provisions  of title IV-E of the federal social
security act, and to the state department of labor, or other individuals
designated by the commissioner of labor, for the purpose of the adminis-

S. 3174                            21

tration of such department's unemployment insurance program,  employment
services  program,  federal  and state employment and training programs,
employment statistics and  labor  market  information  programs,  worker
protection  programs,  federal  programs  for  which  the department has
administrative responsibility or for other purposes  deemed  appropriate
by the commissioner of labor consistent with the provisions of the labor
law,  and  redisclosure  of  such  information  in  accordance  with the
provisions of sections five hundred thirty-six and five hundred  thirty-
seven  of  the  labor  law,  or  the furnishing of information, which is
obtained from the wage reporting system operated pursuant to section one
hundred seventy-one-a of this chapter, as added by chapter five  hundred
forty-five  of  the laws of nineteen hundred seventy-eight, to the state
office of temporary and disability assistance so  that  it  may  furnish
such  information  to  public agencies of other jurisdictions with which
the state office of temporary and disability assistance has an agreement
pursuant to paragraph (h) or (i) of subdivision three of section  twenty
of  the  social  services  law, and to the state office of temporary and
disability assistance for the  purpose  of  fulfilling  obligations  and
responsibilities otherwise incumbent upon the state department of labor,
under  section one hundred twenty-four of the federal family support act
of nineteen hundred eighty-eight, by giving the federal  parent  locator
service,  maintained  by  the  federal  department  of  health and human
services, prompt access to such information as required by such act,  or
to  the state department of health to verify eligibility under the child
health insurance plan pursuant to subdivisions two and two-a of  section
two  thousand  five  hundred  eleven of the public health law, to verify
eligibility under the medical assistance and family health plus programs
pursuant to subdivision eight of section three hundred  sixty-six-a  and
paragraphs  (b)  and  (d)  of  subdivision  two of section three hundred
sixty-nine-ee of the social services law, and to verify eligibility  for
the  program  for  elderly pharmaceutical insurance coverage under title
three of article two of the elder law, or to the  office  of  vocational
and educational services for individuals with disabilities of the educa-
tion  department,  the commission for the blind and visually handicapped
and any other state vocational rehabilitation agency,  for  purposes  of
obtaining  reimbursement from the federal social security administration
for expenditures made by such office, commission or agency on behalf  of
disabled  individuals  who have achieved economic self-sufficiency or to
the higher education services corporation for the purpose  of  assisting
the  corporation  in default prevention and default collection of educa-
tion loan debt, including judgments, owed to the  federal  or  New  York
state  government;  provided,  however,  that  such information shall be
limited to the names, social  security  numbers,  home  and/or  business
addresses,  and  employer  names of defaulted or delinquent student loan
borrowers, or to the office of the state  comptroller  for  purposes  of
verifying  the  income  of  a  retired  member of a retirement system or
pension plan administered by the state or any of its political  subdivi-
sions who returns to public employment.
  Provided,  however,  that  with  respect  to  employee information the
office of temporary and disability assistance shall  only  be  furnished
with the names, social security account numbers and gross wages of those
employees who are (A) applicants for or recipients of benefits under the
social services law, or similar provision of law of another jurisdiction
(pursuant  to  an agreement under subdivision three of section twenty of
the social services law) or, (B) absent parents or other persons legally
responsible for the support of applicants for or  recipients  of  public

S. 3174                            22

assistance  and  care under the social services law or similar provision
of law of another jurisdiction (pursuant to an agreement under  subdivi-
sion three of section twenty of the social services law), or (C) persons
legally  responsible  for  the  support of a recipient of services under
section one hundred eleven-g of  the  social  services  law  or  similar
provision of law of another jurisdiction (pursuant to an agreement under
subdivision  three of section twenty of the social services law), or (D)
employees  about  whom  wage  reporting  system  information  is   being
furnished  to  public  agencies  of  other jurisdictions, with which the
state office of temporary and disability  assistance  has  an  agreement
pursuant  to paragraph (h) or (i) of subdivision three of section twenty
of the social services law, or (E) employees about whom  wage  reporting
system  information  is  being  furnished  to the federal parent locator
service, maintained by  the  federal  department  of  health  and  human
services,  for the purpose of enabling the state office of temporary and
disability assistance to fulfill obligations and responsibilities other-
wise incumbent upon the state department of  labor,  under  section  one
hundred  twenty-four  of  the  federal  family  support  act of nineteen
hundred eighty-eight, and, only if, the office of temporary and disabil-
ity assistance certifies to the commissioner that such persons are  such
applicants,  recipients,  absent  parents or persons legally responsible
for support or persons about whom information has been  requested  by  a
public  agency  of another jurisdiction or by the federal parent locator
service and further certifies that in the case of information  requested
under  agreements  with  other  jurisdictions  entered  into pursuant to
subdivision three of section twenty of the  social  services  law,  that
such request is in compliance with any applicable federal law. Provided,
further,  that  where  the office of temporary and disability assistance
requests employee information for the purpose of evaluating the  effects
on  earnings  of participation in employment, training or other programs
designed to promote self-sufficiency authorized pursuant to  the  social
services  law,  the  office of temporary and disability assistance shall
only be furnished with the quarterly gross wages (excluding  any  refer-
ence  to the name, social security number or any other information which
could be used to identify any employee or  the  name  or  identification
number  of any employer) paid to employees who are former applicants for
or recipients of public assistance and care and who are so certified  to
the  commissioner  by  the  commissioner  of the office of temporary and
disability assistance. Provided, further, that with respect to  employee
information,  the  department of health shall only be furnished with the
information required pursuant to the  provisions  of  paragraph  (f)  of
subdivision  two  and  subdivision  two-a  of  section two thousand five
hundred eleven of the public health law and subdivision eight of section
three hundred sixty-six-a and paragraphs (b) and (d) of subdivision  two
of  section three hundred sixty-nine-ee of the social services law, with
respect to those individuals whose eligibility under  the  child  health
insurance  plan,  medical  assistance  program,  and  family health plus
program is to be determined pursuant to such provisions and with respect
to those members of any such individual's household whose income affects
such individual's eligibility and who are so certified  to  the  commis-
sioner  or  by  the  department  of health. Provided, further, that wage
reporting information shall be furnished to the office of vocational and
educational services for individuals with disabilities of the  education
department,  the  commission  for the blind and visually handicapped and
any other state vocational rehabilitation agency only  if  such  office,
commission  or agency, as applicable, certifies to the commissioner that

S. 3174                            23

such information is necessary to obtain reimbursement from  the  federal
social  security administration for expenditures made on behalf of disa-
bled individuals who have achieved self-sufficiency. Reports and returns
shall be preserved for three years and thereafter until the commissioner
orders them to be destroyed.
  S 43. Paragraph 5 of subsection (b) of section 1306 of the tax law, as
amended  by  chapter  333  of  the  laws  of 1987, is amended to read as
follows:
  (5) If a joint return has been made under this subsection for  a  tax-
able  year  and  only  one  spouse  is liable for past-due support or an
amount of a default in repayment of a  guaranteed  student[,]  OR  state
university  [or  city university] loan of which the state tax commission
has been notified pursuant to section  one  hundred  seventy-one-c,  one
hundred  seventy-one-d  or one hundred seventy-one-e of this chapter, as
the case may be, then an overpayment and interest thereon shall be cred-
ited against such past-due support or such amount of a default in repay-
ment of a guaranteed student[,] OR state university [or city university]
loan, unless the spouse not liable for such  past-due  support  or  such
amount  of  a  default  in repayment of a guaranteed student[,] OR state
university [or city university] loan demands, on a declaration  made  in
accordance  with regulations or instructions prescribed by the state tax
commission, that the portion of the overpayment and  interest  attribut-
able  to  such  spouse  not  be credited against the past-due support or
amount of a default in repayment of a  guaranteed  student[,]  OR  state
university [or city university] loan owed by the other spouse. Upon such
demand, the state tax commission shall determine the amount of the over-
payment  attributable  to  each  spouse  in  accordance with regulations
prescribed by the state tax commission and credit only that  portion  of
the  overpayment  and interest thereon attributable to the spouse liable
for past-due support or amount of a default in repayment of a guaranteed
student[,] OR state university [or city university]  loan  against  such
past-due  support  or such amount of a default in repayment of a guaran-
teed student[,] OR state university [or city university] loan.
  S 44. Paragraphs 3 and 6 of subsection (c) of section 1313 of the  tax
law,  as  amended  by  section  8 of part C of chapter 58 of the laws of
2005, are amended to read as follows:
  (3) pay to the state university of New York [or the city university of
New York respectively] that amount of overpayments of the taxes  imposed
pursuant to the authority of this article or former article two-E of the
general  city  law and the interest on such amount which is certified to
the comptroller by the commissioner as the amount to be credited against
the amount of defaults in repayment of state [or city] university  loans
pursuant to subdivision six of section one hundred seventy-one-e of this
chapter;
  (6)  pay  to  a non-obligated spouse that amount of overpayment of tax
imposed pursuant to the authority of  this  article  or  former  article
two-E  of the general city law and the interest on such amount which has
been credited pursuant to section one hundred seventy-one-c, one hundred
seventy-one-d, one hundred seventy-one-e, one hundred  seventy-one-f  or
one  hundred seventy-one-l of this chapter and which is certified to the
comptroller by the commissioner as the  amount  due  such  non-obligated
spouse  pursuant  to  paragraph  six  of  subsection  (b) of section six
hundred fifty-one of this chapter, and the comptroller  shall  deduct  a
like  amount  which,  the comptroller shall pay into the treasury to the
credit of the general fund, from amounts  subsequently  payable  to  the
office  of  temporary and disability assistance, the state university of

S. 3174                            24

New York, [the city  university  of  New  York,]  the  higher  education
services corporation, or the revenue arrearage account or special offset
fiduciary  account  pursuant  to section ninety-one-a or ninety-one-c of
the  state  finance law, as the case may be, whichever had been credited
the amount originally withheld from such overpayment.
  S 45. Paragraph 5 of subsection (b) of section 1326 of the tax law, as
amended by section 16 of part R of chapter 60 of the laws  of  2004,  is
amended to read as follows:
  (5)  If a joint return has been made pursuant to this subsection for a
taxable year and only one spouse is liable for past-due  support,  or  a
past-due  legally  enforceable  debt,  or a city of New York tax warrant
judgment debt, or an amount of a default in repayment  of  a  guaranteed
student[,]  OR  state  university [or city university] loan of which the
commissioner of taxation and  finance  has  been  notified  pursuant  to
section  one  hundred  seventy-one-c,  one  hundred  seventy-one-d,  one
hundred seventy-one-e, one hundred seventy-one-f or one  hundred  seven-
ty-one-l  of  this  chapter, as the case may be, then an overpayment and
interest thereon shall be credited against such past-due support,  or  a
past-due  legally  enforceable  debt,  or a city of New York tax warrant
judgment debt, or such amount of a default in repayment of a  guaranteed
student[,]  OR  state  university  [or city university] loan, unless the
spouse not liable for such  past-due  support,  or  a  past-due  legally
enforceable  debt,  or  a city of New York tax warrant judgment debt, or
such amount of a default in repayment  of  a  guaranteed  student[,]  OR
state  university  [or  city  university] loan demands, on a declaration
made in accordance with regulations or instructions  prescribed  by  the
commissioner  of  taxation and finance, that the portion of the overpay-
ment and interest attributable to such spouse not  be  credited  against
the  past-due support, or a past-due legally enforceable debt, or a city
of New York tax warrant judgment debt, or amount of a default in  repay-
ment of a guaranteed student[,] OR state university [or city university]
loan  owed  by  the  other  spouse. Upon such demand the commissioner of
taxation and finance shall  determine  the  amount  of  the  overpayment
attributable to each spouse in accordance with regulations prescribed by
the commissioner of taxation and finance and credit only that portion of
the  overpayment  and interest thereon attributable to the spouse liable
for past-due support, or a past-due legally enforceable debt, or a  city
of  New York tax warrant judgment debt, or amount of a default in repay-
ment of a guaranteed student[,] OR state university [or city university]
loan against such past-due support, or a  past-due  legally  enforceable
debt, or a city of New York tax warrant judgment debt, or such amount of
a  default  in  repayment of a guaranteed student[,] OR state university
[or city university] loan.
  S 46. Section 1333 of the tax law, as amended by section 17 of part  R
of chapter 60 of the laws of 2004, is amended to read as follows:
  S  1333. Deposit and disposition of revenues. All revenue collected by
the commissioner of taxation and finance from the  tax  imposed  by  any
city  pursuant  to  the authority of this article or article thirty-B of
this chapter shall be deposited daily with such responsible banks, bank-
ing houses or trust companies, as may be designated by the  state  comp-
troller, to the credit of the comptroller, in trust for such city.  Such
deposits  shall  be  kept in trust and separate and apart from all other
moneys in the possession  of  the  comptroller.  The  comptroller  shall
require  adequate  security  from  all such depositories of such revenue
collected by the commissioner of taxation and finance.  The  comptroller
shall  retain  in  his hands such amount as the commissioner of taxation

S. 3174                            25

and finance may determine to be necessary for refunds in respect to  the
tax  imposed  by  such city pursuant to the authority of this article or
article thirty-B of this chapter and for reasonable costs of the commis-
sioner of taxation and finance in administering, collecting and distrib-
uting  such taxes, out of which the comptroller shall pay any refunds of
such taxes to which the taxpayer shall be entitled under any law enacted
by such city pursuant to the authority of this article or article  thir-
ty-B  of this chapter. The comptroller, after reserving such refund fund
and such cost shall, on or before the fifteenth day of each  month,  pay
to  the  chief  fiscal  officer  of  such city the balance of such taxes
collected, to be paid into the treasury of such city to  the  credit  of
the  general  fund  except  that he shall pay to the state department of
social services that amount of overpayments of the tax imposed  by  such
city  pursuant  to  the authority of this article or article thirty-B of
this chapter and the interest on such amount which is certified  to  him
by the commissioner of taxation and finance as the amount to be credited
against  past-due  support  pursuant  to  subdivision six of section one
hundred seventy-one-c of this chapter and except that he  shall  pay  to
the  New York state higher education services corporation that amount of
overpayments of the tax imposed by such city pursuant to  the  authority
of  this article or article thirty-B of this chapter and the interest on
such amount which is certified to him by the  commissioner  of  taxation
and  finance as the amount to be credited against the amount of defaults
in repayment of guaranteed student loans pursuant to subdivision five of
section one hundred seventy-one-d of this chapter  and  except  that  he
shall pay to the state university of New York [or the city university of
New York respectively] that amount of overpayments of the tax imposed by
such  city pursuant to the authority of this article or article thirty-B
of this chapter and the interest on such amount which  is  certified  to
him  by  the  commissioner  of  taxation and finance as the amount to be
credited against the amount of defaults in repayment of state  [or  city
university]  loans  pursuant  to  subdivision six of section one hundred
seventy-one-e of this chapter and except that, notwithstanding any other
provision of law, he shall credit  to  the  revenue  arrearage  account,
pursuant  to  section ninety-one-a of the state finance law, that amount
of overpayments of the taxes imposed pursuant to the authority  of  this
article  or  article  thirty-B  of this chapter and the interest on such
amount which is certified to him by the  commissioner  of  taxation  and
finance as the amount to be credited against a past-due legally enforce-
able  debt  owed to a state agency pursuant to paragraph (a) of subdivi-
sion six of section one hundred seventy-one-f of this chapter, provided,
however, he shall credit to the special offset fiduciary account, pursu-
ant to section ninety-one-c of the state finance law,  any  such  amount
creditable  as  a liability as set forth in paragraph (b) of subdivision
six of section one hundred seventy-one-f of this chapter and except that
he shall pay to the city of New York that amount of overpayments of  tax
imposed pursuant to the authority of this article or article thirty-B of
this  chapter  and the interest on such amount which is certified to him
by the commissioner of taxation and finance as the amount to be credited
against city of New York tax warrant judgment debt pursuant  to  section
one  hundred  seventy-one-l  of  this  chapter,  and except further that
he/she shall pay to a non-obligated spouse that amount of overpayment of
tax imposed by such city pursuant to the authority of  this  article  or
article  thirty-B  of this chapter and the interest on such amount which
has been credited pursuant to section  one  hundred  seventy-one-c,  one
hundred  seventy-one-d,  one hundred seventy-one-e, one hundred seventy-

S. 3174                            26

one-f or one hundred seventy-one-l of this chapter and which  is  certi-
fied  to  him  by the commissioner of taxation and finance as the amount
due such non-obligated spouse pursuant to paragraph  six  of  subsection
(b)  of  section  six  hundred  fifty-one  of this chapter, and he shall
deduct a like amount which he shall pay into the treasury to the  credit
of  the general fund from amounts subsequently payable to the department
of social services, the state university of New York, [the city  univer-
sity  of  New  York,] or the higher education services corporation or to
the revenue arrearage account or special offset fiduciary account pursu-
ant to section ninety-one-a or ninety-one-c of the state finance law, as
the case may be, whichever had been credited the amount originally with-
held from such  overpayment.  The  amount  deducted  for  administering,
collecting  and distributing such taxes during such monthly period shall
be paid by the comptroller into the general fund of the  state  treasury
to  the  credit of the state purposes account therein. The first payment
to such chief fiscal officer shall be made on or before March fifteenth,
nineteen hundred eighty-five, which payment shall represent the  balance
of  revenue  after  provision for refund and such reasonable costs, with
respect to taxes collected in nineteen hundred  eighty-four.  Subsequent
payments  shall  be  made on or before April fifteenth, nineteen hundred
eighty-five, and on or before the fifteenth day of each succeeding month
thereafter, and shall represent the balance of revenue with  respect  to
taxes  collected  the  preceding calendar months. The amounts so payable
shall be certified to the comptroller by the  commissioner  of  taxation
and finance or his delegate, either of whom shall not be held liable for
any  inaccuracy  in  such  certificate. Where the amount so paid over to
such chief fiscal officer is more or less than the amount then due  such
city,  the  amount  of overpayment or underpayment shall be certified to
the comptroller by the commissioner of taxation and finance or his dele-
gate, either of whom shall not be held liable for any inaccuracy in such
certificate. The amount of  overpayment  or  underpayment  shall  be  so
certified to the comptroller as soon after the discovery of the overpay-
ment  or  underpayment as reasonably possible and subsequent payments by
the comptroller to such  chief  fiscal  officer  shall  be  adjusted  by
subtracting  the  amount  of any such overpayment from, or by adding the
amount of any such underpayment to such number  of  subsequent  payments
and  distributions  as  the comptroller and the commissioner of taxation
and finance shall consider reasonable in view of the amount of the over-
payment or underpayment and all other facts and circumstances.
  S 47. Subdivision 6 of section 42  of  the  labor  law,  as  added  by
section  6  of  part E of chapter 389 of the laws of 1997, is amended to
read as follows:
  6. Notwithstanding any other provisions of law to  the  contrary,  the
educational  opportunity centers (hereinafter referred to as EOCs) oper-
ated by the state university [and educational centers  operated  by  the
units  of  the  city  university  of  New York] are hereby authorized to
contract with employment and training providers funded pursuant to  this
section  for  provision of services authorized under this section and to
receive reimbursement for services provided. For  the  purpose  of  this
program, all participants eligible for services pursuant to this section
shall be deemed to be eligible for services provided by the EOCs.
  S  48.  The  section heading and subdivision 1 of section 213-a of the
labor law, as amended by chapter 562 of the laws of 2003, is amended  to
read as follows:

S. 3174                            27

  Special  provisions  regarding  the  purchasing  of  apparel or sports
equipment by the state university of New York [and the  city  university
of New York].
  1.  Notwithstanding  any  other provision of law, the various units of
the state university of New York[, the city university of New York]  and
community colleges shall have the authority to:
  S  49.  The  opening paragraph of subdivision 10 of section 590 of the
labor law, as amended by chapter 734 of the laws of 2004, is amended  to
read as follows:
  Benefits  based  on  professional  employment  with educational insti-
tutions, including the state university of New York[, the city universi-
ty of New York] and any public community colleges.  If  a  claimant  was
employed  in  an  instructional,  research,  or principal administrative
capacity by an institution of education, including the state  university
of  New York[, the city university of New York] and any public community
colleges, or performed services in such an institution in such  capacity
while  employed  by  an  educational service agency, the following shall
apply to any week commencing during the period  between  two  successive
academic  years or terms, or during a similar period between two regular
but not successive terms when the contract  provides  therefor  instead,
provided  the  claimant has a contract to perform, or there is a reason-
able assurance that the claimant will perform, services in such capacity
for any such institution or institutions for both of such academic years
or such terms, and to any week  commencing  during  an  established  and
customary  vacation  period or holiday recess, not between such academic
terms or years, provided the claimant performed services for such insti-
tution immediately before such vacation period  or  holiday  recess  and
there  is  a  reasonable  assurance  that  the claimant will perform any
services described in this subdivision or  subdivision  eleven  of  this
section  in  the  period  immediately  following such vacation period or
holiday recess:
  S 50. Subdivision 7 of section 819 of the labor  law,  as  amended  by
chapter 319 of the laws of 2004, is amended to read as follows:
  7. Notwithstanding subdivision six of this section, any entity with an
approved  apprenticeship program as defined in this section shall not be
liable to pay the fees provided for in this section if  such  entity  is
the  state  university of New York[, the city university of New York], a
community college or board of cooperative educational services as  those
terms are defined in the education law.
  S  51.  Section  836  of the labor law, as added by chapter 231 of the
laws of 1989, is amended to read as follows:
  S 836. Administration. Except as is  otherwise  provided  herein,  the
administration  of the worker adjustment program shall be carried out by
the department in consultation with the department of economic  develop-
ment,  state  education  department, state university of New York, [city
university of New York,] and the state job training  coordinating  coun-
cil,  hereinafter  referred  to as the "council", in a manner consistent
with the federal Economic Dislocation and Worker  Adjustment  Assistance
Act (P.L. 100-418), hereinafter referred to as "the act".
  S  52. Paragraph c of subdivision 5 of section 18-b of the transporta-
tion law, as added by chapter 56 of the laws of 1975, is amended to read
as follows:
  c. In the event that a county or municipality shall fail to make to  a
public  transportation system any of the payments required to be made by
it under this section, the chief executive officer of the public  trans-
portation  system  or such other person as the commissioner shall desig-

S. 3174                            28

nate shall certify to the state comptroller such amount  due  and  owing
such  public transportation system and the state comptroller shall with-
hold an equivalent amount from state aid allocated  to  such  county  or
municipality  from highway aid, the motor fuel tax and the motor vehicle
registration fee distributed pursuant to section one hundred  twelve  of
the  highway  law,  or  per  capita local assistance pursuant to section
fifty-four of the state finance law subject  to  the  following  limita-
tions:  prior  to  withholding amounts allocated to carry such county or
municipality, the comptroller shall pay in full any amount due the state
of New York municipal bond bank agency, on account of any such county or
municipality's  obligation  to  such  agency;   [the   city   university
construction  fund,  pursuant  to  the provisions of the city university
construction fund act;] the New York  city  housing  development  corpo-
ration, pursuant to the provisions of the New York city housing develop-
ment  corporation  act  (article  twelve  of the private housing finance
law); and the transit construction fund, pursuant to the  provisions  of
article  five[,]  OF  title  nine-a  of the public authorities law.  The
comptroller shall give the director of the budget  notification  of  any
such  payment.  Such  amount  or  amounts so withheld by the state comp-
troller shall be paid to such public transportation system, which system
shall use such amount or amounts for the payment of the county or  muni-
cipality  share  of  its operating expenses. When such amount or amounts
are received by such public transportation system, it shall credit  such
amounts  against  any amounts due and owing such system by the county or
municipality on whose account such amount was withheld and paid.
  S 53. Subdivision 1 of section 141 of the economic development law, as
added by chapter 564 of the laws of 1988, is amended to read as follows:
  1. "Agency" shall mean any agency, department, board, bureau,  commis-
sion  a  majority  of whose members are appointed by the governor, divi-
sion, office, council, committee, or officer of the state, or the  state
university  of  New  York  [or  the city university of New York], or any
public benefit corporation or public  authority,  a  majority  of  whose
members  are  appointed by the governor. Such term shall not include the
legislature.
  S 54. Paragraph (b) of subdivision 2 of section 142  of  the  economic
development law, as amended by section 15 of part L of chapter 55 of the
laws of 2012, is amended to read as follows:
  (b)  for  procurement  contracts in excess of ten thousand dollars and
less than fifty thousand dollars to be awarded by the  state  university
of  New York [or the city university of New York], (i) a quarterly list-
ing of projected procurement purchases by commodity for each institution
of the state university of New York  [or  the  city  university  of  New
York];  (ii)  an explanation of how to apply for placement on any bidder
lists maintained by the state  university  of  New  York  [or  the  city
university  of  New  York];  and  (iii)  a description of procedures for
providing advance notification by mail to individuals or business  enti-
ties  on  such  bidder lists of any request for proposals, in accordance
with rules and regulations promulgated by the state university  [or  the
city university]; and
  S  55.  Paragraph  (d) of subdivision 1 of section 144 of the economic
development law, as amended by chapter 862  of  the  laws  of  1990,  is
amended to read as follows:
  (d)  Procurement contracts in an amount less than ten thousand dollars
awarded by the state university of New York [or the city  university  of
New York]; and

S. 3174                            29

  S 56. Subdivision 6 of section 200 of the economic development law, as
amended  by  chapter  435  of  the  laws  of 1990, is amended to read as
follows:
  6. "Interagency  review  committee"  shall mean a committee chaired by
the commissioner and consisting of representatives from the state educa-
tion department, the department  of  labor,  the  department  of  social
services,  the state university[, the city university] and the state job
training partnership council. Such other  state  agencies,  authorities,
boards  or commissions shall be consulted as the commissioner shall deem
appropriate.
  S 57. Paragraphs (a) and (b) of subdivision 2 of section  201  of  the
economic  development  law, paragraph (a) as added by chapter 839 of the
laws of 1987 and paragraph (b) as amended by chapter 435 of the laws  of
1990, are amended to read as follows:
  (a)  coordinate  with  the  department of education, the department of
labor, the state university of  New  York[,  the  city  university]  and
service delivery areas as established pursuant to the federal job train-
ing  partnership act (P.L. 97-300) in order to carry out the purposes of
this article and to complement and leverage related  training  resources
consistent with the purposes described herein;
  (b)  upon  the  recommendation  of  the  interagency review committee,
execute and monitor grants and contracts to carry out  the  purposes  of
this  article or authorize grants and contracts to be executed and moni-
tored by the department of labor for projects which  provide  on-the-job
training  reimbursements  to businesses as described in this article and
for such labor exchange and other related services as are agreed upon by
the agencies, by the  state  education  department  for  projects  which
provide  classroom  based  training  which  will  be delivered by school
districts,  boards  of  cooperative  educational  services  and  private
degree-granting  institutions  of  higher  education  and  by  the state
university [or the city university] for projects which provide classroom
based training which will be delivered by community  colleges,  agricul-
tural and technical colleges, and public degree-granting institutions of
higher  education  or  authorize  such  other  arrangements as, upon the
recommendation of the interagency  review  committee,  the  commissioner
determines will advance the purposes of this program;
  S 58. Subdivision 1 of section 220 of the economic development law, as
amended  by  chapter  291 of the laws of 1990, and as further amended by
section 104 of part A of chapter 62 of the laws of 2011, is  amended  to
read as follows:
  1.  To  coordinate  the international economic activities of the state
including any international economic activities  of  the  department  of
agriculture  and  markets,  the  department  of  financial services, the
department of financial services, the education  department,  the  state
university  of New York[, the city university of New York], the New York
state science and technology foundation, the New York state urban devel-
opment corporation, the New York state job  development  authority,  the
port  authority  of  New  York  and New Jersey, and other New York state
agencies.
  S 59. Subdivision 4 of section 241 of the economic development law, as
added by chapter 839 of the laws of 1987, is amended to read as follows:
  4. The advisory council shall consist of the commissioner,  who  shall
serve  as  chair,  the  commissioner  of  labor, and the commissioner of
education, or their designees,  one  representative  designated  by  the
temporary  president  of the senate and one representative designated by
the speaker of the assembly and eight members appointed by  the  commis-

S. 3174                            30

sioner,  who  shall  have an expertise in economic analysis, planning or
data collection, maintenance and distribution,  [one]  TWO  representing
the  state university of New York, [one representing the city university
of  New York,] one representing independent universities, one represent-
ing the state association of regional planning and development organiza-
tions, one representative of local government interests,  one  represen-
tative  of  business and industry interests, one representative of labor
interests, and one representative of private economic research and fore-
casting entities. The members shall receive no  compensation  for  their
services  but shall be allowed actual and necessary expenses incurred in
the performance of their duties.
  S 60. Subparagraph 8 of paragraph (b) of  subdivision  17  of  section
1005  of the public authorities law, as added by chapter 477 of the laws
of 2009 and as renumbered by section 16 of part CC of chapter 60 of  the
laws of 2011, is amended to read as follows:
  (8) "Public university" means [the city university of New York includ-
ing]  any  senior  college  or  community  college as defined in section
sixty-two hundred two of the education law, and the state university  of
New  York  including  four-year colleges established pursuant to section
sixty-three hundred seven of the education law and community colleges as
defined in section sixty-three hundred one of the education law.
  S 61. Subdivision (b) of section 1225-i of the public authorities law,
as added by chapter 576 of the laws of  1972,  is  amended  to  read  as
follows:
  (b)  In the event of the failure of the city to pay to the fund, on or
before such fifteenth day of September, all or part of such amount,  the
fund  or  its  designate  shall  forthwith make and deliver to the comp-
troller of the state a certificate stating such amount and the  sum,  if
any,  paid  by  the  city  to  the  fund with respect to such amount and
further stating the difference between such amount and  such  sum,  and,
after  the state comptroller shall have promptly given written notice to
the budget director, such difference shall be paid to the  fund  or  its
designate  whichever  makes  and  delivers such certificate by the state
comptroller out of any succeeding payments of state aid  apportioned  to
the  city as per capita aid for the support of local government pursuant
to section fifty-four of the state finance law  or  such  other  aid  or
assistance  payable by the state to the city and not otherwise allocated
as shall supersede or supplement such state per  capita  aid,  including
federal  moneys  apportioned  to the city by the state; except, however,
that prior to any deductions  from  any  such  aid  or  assistance,  the
moneys,  if  any, then payable to [the city university construction fund
pursuant to the provisions of the city university construction fund  act
or to] the New York city housing development corporation pursuant to the
New  York  city  housing  development  corporation act or to the transit
authority pursuant to chapter seven of  the  laws  of  nineteen  hundred
seventy-two  shall be paid in full to such fund, corporation or authori-
ty.
  S 62. The third undesignated paragraph of section 1277 of  the  public
authorities  law,  as  amended  by  chapter  161 of the laws of 2000, is
amended to read as follows:
  In the event that a city or county shall fail to make payment  to  the
authority  for station maintenance as required pursuant to this section,
or any part thereof, the chief executive officer  of  the  authority  or
such  other  person as the chairman shall designate shall certify to the
state comptroller the amount due and owing the authority at the  end  of
the state fiscal year and the state comptroller shall withhold an equiv-

S. 3174                            31

alent amount from the next succeeding state aid allocated to such county
or  city  from the motor fuel tax and the motor vehicle registration fee
distributed pursuant to former section one hundred twelve of the highway
law,  or  amounts  distributed  pursuant to section ten-c of the highway
law, or per capita local assistance pursuant to  section  fifty-four  of
the  state  finance  law  subject to the following limitations: prior to
withholding amounts due the authority from  such  county  or  city,  the
comptroller  shall  pay  in  full  any  amount due the state of New York
municipal bond bank agency, on account of any such  county's  or  city's
obligation to such agency; [the city university construction fund pursu-
ant to the provisions of the city university construction fund act;] the
New   York   city  housing  development  corporation,  pursuant  to  the
provisions of the New York  city  housing  development  corporation  act
(article  twelve  of  the  private housing finance law); and the transit
construction fund pursuant to the provisions of title nine-A of  article
five  of  this  chapter.  The comptroller shall give the director of the
budget notification of any such payment. Such amount or amounts so with-
held by the comptroller shall be paid to the authority and the authority
shall use such amount for the repayment of  the  state  advances  hereby
authorized.  When  such amount or amounts are received by the authority,
it shall credit such amounts against any amounts due and  owing  by  the
city or county on whose account such amount was withheld and paid.
  S  63.  Subdivision 8 of section 1676 of the public authorities law is
REPEALED.
  S 64. Section 1676-a of the public authorities law, as added by  chap-
ter 769 of the laws of 1978, is amended to read as follows:
  S  1676-a.  Payment on authority public work projects. Notwithstanding
the provisions of any other law  to  the  contrary,  all  contracts  for
public  work  awarded  by the dormitory authority pursuant to this title
shall be in accordance with section one  hundred  thirty-nine-f  of  the
state  finance law. For the purposes of this section, public work by the
dormitory authority shall include but not be limited to the construction
of dormitories and other related structures as defined in paragraph a of
subdivision two of section sixteen hundred seventy-six  of  this  title,
boards  of cooperative educational services as defined in paragraph d of
subdivision two of section sixteen hundred seventy-six  of  this  title,
AND locally sponsored community colleges as defined in subdivision seven
of  section  sixteen  hundred  seventy-six  of this title[, and the city
university as defined in subdivision eight of  section  sixteen  hundred
seventy-six of this title].
  S 65. Subdivision 10 of section 1679 of the public authorities law, as
amended  by  chapter  682  of  the  laws  of 1984, is amended to read as
follows:
  10. There is hereby created an advisory committee on the  supplemental
higher education loan financing program to the dormitory authority which
shall  consist  of the chairman of the authority, who shall serve as the
chairman of such committee, the commissioner of education, the  chancel-
lor  of  the  state  university of New York, [the chancellor of the city
university of New York,] the president of the higher education  services
corporation,  the chairman of the board of trustees of the commission on
independent colleges and universities, the president  of  the  New  York
state  financial  aid  administrators  association  and an undergraduate
student appointed by the governor who is in attendance at  a  public  or
independent  institution of higher education located in this state. Such
committee shall participate in the development of and review the program
guidelines to be established  by  the  authority  as  required  by  this

S. 3174                            32

section  and  may  make  recommendations on, comment upon and advise the
members of the board of the authority with respect to  such  guidelines.
Each  of  the  members of such committee may designate in writing to the
chairman of the committee a representative to serve on such committee in
the  place of such member. The members of the committee shall receive no
compensation for their services, but shall be entitled to  reimbursement
by  the  dormitory  authority  for  their  actual and necessary expenses
incurred in the performance of their duties.
  S 66. The undesignated paragraph of subdivision 1 of section  1680  of
the  public  authorities  law,  as amended by chapter 352 of the laws of
2008, is amended to read as follows:
  Educational Housing Services Inc., a not-for-profit  corporation,  for
the  acquisition,  financing, refinancing, construction, reconstruction,
renovation, development, improvement, expansion, and equipping of  hous-
ing  for  students  and/or  faculty  at institutions of higher education
throughout the state and up to five wholly-owned and  controlled  corpo-
rations  or  limited liability companies that are not subject to federal
income taxation (except with respect to any unrelated  business  income)
as  follows:  [one such corporation or limited liability company for the
acquisition, financing, refinancing, construction, reconstruction, reno-
vation, development, improvement, expansion, and equipping of a dormito-
ry for housing for students in connection with the  city  university  of
New  York;]  one  such  corporation or limited liability company for the
acquisition, financing, refinancing, construction, reconstruction, reno-
vation, development, improvement, expansion, and equipping of a dormito-
ry located at 401 West 130th Street, New York, New York for housing  for
students and/or faculty in connection with the city college of New York;
one  such  corporation or limited liability company for the acquisition,
financing, refinancing, construction, reconstruction, renovation, devel-
opment, improvement, expansion, and equipping of a dormitory at 55  John
Street,  New York, New York for housing for students and/or faculty; one
such corporation or  limited  liability  company  for  the  acquisition,
financing, refinancing, construction, reconstruction, renovation, devel-
opment, improvement, expansion, and equipping of a dormitory at 231 East
55th Street, New York, New York for housing for students and/or faculty;
and  one  such corporation or limited liability company for the acquisi-
tion, financing, refinancing, construction, reconstruction,  renovation,
development,  improvement,  expansion,  and  equipping of a dormitory at
1760 3rd Avenue, New York, New York  for  housing  for  students  and/or
faculty.
  S  67.  The undesignated paragraph of subdivision 1 of section 1680 of
the public authorities law, as amended by chapter 174  of  the  laws  of
2002, is amended to read as follows:
  MSMC  realty  corporation,  a  support organization of the Mount Sinai
hospital, Mount Sinai school of medicine of the [city] STATE  university
of  New  York  and  the  Mount Sinai medical center, inc. (collectively,
"Mount Sinai"), for the purpose of providing  facilities  and  equipment
for  Mount  Sinai. As used in this paragraph and for purposes of chapter
five hundred fifty-four of the laws  of  nineteen  hundred  ninety-nine,
MSMC  Realty  Corporation  shall  be  deemed to include any other entity
created by MSMC Realty Corporation or Mount Sinai  for  the  purpose  of
entering into an agreement with the dormitory authority pursuant to this
paragraph.
  S 68. Clause (b) of subparagraph 2, subparagraphs 3 and 4 of paragraph
d  and  paragraph f of subdivision 2, the opening paragraph and subpara-
graphs 1 and 4 of paragraph (d) and  paragraph  (g)  of  subdivision  9,

S. 3174                            33

paragraph  (c)  of  subdivision 14 and subdivision 20 of section 1680 of
the public authorities law, clause (b) of subparagraph 2 of paragraph  d
of  subdivision 2, the opening paragraph and subparagraph 1 of paragraph
(d)  of  subdivision  9,  as amended by chapter 332 of the laws of 1975,
subparagraph 3 of paragraph d of subdivision 2, as amended by chapter 64
of the laws of 1980, subparagraph 4 of paragraph d of subdivision 2,  as
added  by chapter 917 of the laws of 1977, paragraph f of subdivision 2,
as added by chapter 782 of the laws of 1966, subparagraph 1 of paragraph
f of subdivision 2, as amended by section 52 of part K of chapter 81  of
the  laws  of  2002,  subparagraph 4 of paragraph d of subdivision 9, as
amended by chapter 38 of the laws of 1976, paragraph (g) of  subdivision
9,  as  amended  by  chapter  264  of the laws of 1986, paragraph (c) of
subdivision 14, as amended by section 39 of part PP of chapter 56 of the
laws of 2009 and subdivision 20, as added by chapter 678 of the laws  of
1988, are amended to read as follows:
  (b)  In  the  case  of  any  dormitory and attendant facility provided
pursuant to paragraph f of this subdivision, the authority shall  trans-
fer  such  right,  title  and  interest as it may have in or to the real
property of such dormitory and attendant facility to  the  city  of  New
York and in and to all personal property of such dormitory and attendant
facility to the board of higher education in such city; provided, howev-
er,  that  if  the  authority  has title to such dormitory and attendant
facility and the [city] STATE university shall  cease  to  offer  educa-
tional  facilities  before  any  such liabilities and bonds have been so
paid or discharged, the title to all of the real and  personal  property
thereof shall vest in the people of the state of New York;
  (3)  Notwithstanding any other provisions of law, [if requested by the
city university construction fund and] the board of higher education  in
the  city of New York, and with the prior written approval of the direc-
tor of the budget of the state of New York or his designee, the authori-
ty may sell all or any part of  any  dormitory  and  attendant  facility
provided  by  the  authority for the [city] STATE university pursuant to
paragraph f of subdivision two, including any real and personal property
comprising said dormitory and attendant facility. Such sale may be  made
by  private  or public sale. Such sale may be made only if the dormitory
and attendant facility or portion thereof being  sold  is  abandoned  or
withdrawn  from the applicable project in accordance with (i) the appli-
cable agreement entered into by the authority [with the city  university
construction  fund] and the board of higher education in the city of New
York and (ii) the applicable resolution of the authority, and if the net
proceeds of such sale are applied by the authority  in  accordance  with
such  agreement  and resolution. The difference, if any, between the net
proceeds of such sale, and, if greater, the amount required to  be  paid
by the board of higher education in the city of New York to the authori-
ty  pursuant  to  the terms of the applicable agreement by reason of the
abandonment or withdrawal of such dormitory and  attendant  facility  or
portion thereof shall be paid to the authority by the state of New York,
the city of New York, in which case the written approval of the director
of  the  office of management and budget of the city of New York, or his
designee, shall also be required, [the city university construction fund
or] such board of higher education or any number of the foregoing at the
closing of such sale and shall likewise be applied by the  authority  in
accordance  with  the  applicable  agreement  and  resolution. Provided,
however, that the foregoing provisions of this subparagraph only to  the
extent  that  they  otherwise  require a request for and approval by the
[city university construction fund or] the board of higher education  in

S. 3174                            34

the  city  of  New York shall not apply to any sale of the parcels which
constitute one hundred twenty-three and one  hundred  twenty-seven  West
one hundred eighty-third street in the city of New York being in section
eleven, block three thousand two hundred twenty-five, lot forty-eight in
Bronx  county  (also  known  as  Sedgwick dormitory and North hall). The
abandonment or withdrawal of such dormitory and  attendant  facility  or
portion  thereof  being sold and the payment to the authority in full of
the difference between the net proceeds of sale and the amount  required
to  be  paid by such board of higher education to permit the abandonment
or withdrawal shall be conditions to the closing of any sale pursuant to
this subparagraph. In the event of a sale pursuant to this subparagraph,
the authority shall be relieved of any obligation to transfer the dormi-
tory and attendant facility or portion thereof being sold to the city of
New York, the state of New York or the board of higher education in  the
city  of  New  York  pursuant  to clause (b) of subparagraph two of this
paragraph. Any and all rights of the city of New York, the state of  New
York  and  such  board  of higher education in and to such dormitory and
attendant facility or portion thereof shall be deemed to be fully satis-
fied and extinguished by a sale pursuant to this  subparagraph.  At  the
request  of  the  authority, the city of New York, the state of New York
and such board of higher education shall join in the deed or  execute  a
quitclaim  or  other  legal instrument of conveyance of their respective
interests, if any, therein.
  (4) Notwithstanding any other provision  of  law,  the  authority,  if
requested  by  the  [city university construction fund and the] board of
higher education in the city of New York, may lease all or any  part  of
any  dormitory  and attendant facility provided by the authority for the
[city] STATE university pursuant to paragraph f of this subdivision to a
third party upon such terms and conditions as the authority,  [the  city
university  construction  fund and] the board of higher education in the
city of New York shall deem appropriate and as are consistent  with  the
provisions  of  the  applicable  agreement entered into by the authority
[with the city university construction fund and]  the  board  of  higher
education  in  the city of New York and the applicable resolution of the
authority. Provided, however, that  the  foregoing  provisions  of  this
subparagraph  only  to  the extent that they otherwise require a request
for and approval by the [city university construction fund or the] board
of higher education in the city of New York shall not apply to any lease
of the parcels which constitute one hundred twenty-three and one hundred
twenty-seven West one hundred eighty-third street in  the  city  of  New
York  being  in section eleven, block three thousand two hundred twenty-
five, lot forty-eight in Bronx county (also known as Sedgwick  dormitory
and  North  hall). Any rentals or other moneys received by the authority
pursuant to such lease shall be applied by the authority  in  accordance
with  the terms of the applicable agreement and resolution.  Any leasing
of such dormitory and attendant  facility  or  portion  thereof  by  the
authority pursuant to the terms of this subparagraph shall not be deemed
to  constitute a breach by the authority of the terms and conditions of,
or a default by the authority under any agreement  which  the  authority
may  have  entered into with [the city university construction fund and]
the board of higher education in the city of New York, or any resolution
of the authority, applicable to the dormitory and attendant facility  or
portion thereof being leased.
  f. (1) Notwithstanding any other provision of law, general or special,
the  dormitory  authority is hereby authorized and empowered to acquire,
design, construct, reconstruct, rehabilitate, and improve  or  otherwise

S. 3174                            35

provide  and  furnish and equip dormitories and attendant facilities for
the use of the [city] STATE university, in accordance with the terms  of
any  lease,  sublease, or other agreement entered into by the authority,
[pursuant  to  article  one  hundred twenty-five-B of the education law,
with the city university construction fund, or with such fund]  and  the
board of higher education in the city of New York. The dormitory author-
ity may issue its bonds to finance the cost of senior college facilities
either  together  with or separate from bonds issued to finance the cost
of community college facilities, and may issue its bonds to finance  the
local  sponsor's  portion  of  the  cost of community college facilities
either together with or separate from its bonds issued  to  finance  the
state's portion of the cost of such community college facilities.
  Notwithstanding  any  other  provision of law, general or special, the
dormitory authority may acquire, design, construct or otherwise  provide
and  furnish  and equip dormitories and attendant facilities for the use
of Hunter College, which may include therein a police and fire  station,
upon  a site set forth in and in accordance with the terms of any lease,
sublease or other agreement entered into by the authority  [pursuant  to
article  one  hundred  twenty-five-B  of the education law with the city
university construction fund], the city of New York  and  the  board  of
higher  education  in such city. The police and fire station portions of
such facility shall be deemed capital projects of the city of  New  York
within  the  meaning  of  chapter nine of the New York city charter. Any
conveyance of real property or rights and interests therein by the  city
to  the  dormitory  authority  with  respect  to such facility shall not
include title to that portion of the real property to be occupied by the
police and fire station portions  thereof  but  shall  include  the  air
rights  over  such police and fire stations and subsurface rights there-
under.
  (2) The provisions of this subdivision shall apply to projects  under-
taken  by  the  dormitory authority pursuant to this paragraph provided,
however, that wherever any provision of this subdivision  authorizes  or
requires   action  on  the  part  of  an  educational  institution  such
provision, so far as it applies to any such project, shall be deemed  to
refer to action on the part of the [city university construction fund or
the] board of higher education of the city of New York[, as the case may
be].
  The  following provisions shall be applicable to agreements and leases
entered into between the authority and a local sponsor  in  relation  to
the  providing  and financing by the authority of facilities for locally
sponsored community colleges, and to agreements and leases entered  into
between  the  authority  and  the [city] STATE university [construction]
fund in relation to the providing and  financing  by  the  authority  of
facilities for [city] STATE university community colleges.
  (1)  In  addition  to the provisions authorized by subdivision four of
section sixteen hundred eighty-two of this title [four], any  resolution
or  resolutions  authorizing  any bonds for the purpose of financing the
cost of providing facilities  for  locally  sponsored  or  [city]  STATE
university community colleges may contain provisions which may be a part
of  the  contract  with  the  holders  of  such  bonds providing for the
creation and establishment and maintenance of reserve funds and payments
to such reserve funds as hereinafter in this paragraph set forth.
  (4) To ensure the continued operation and solvency  of  the  authority
for the carrying out of the public purposes relating to providing facil-
ities  for  locally  sponsored  or  [city]  STATE  university  community
colleges provision is made in the foregoing provisions of this paragraph

S. 3174                            36

[d] for the accumulation in each debt service reserve fund of an  amount
equal  to  the  maximum  amount  of  principal and interest maturing and
becoming due in any succeeding calendar year on all bonds of the author-
ity  then outstanding and secured by such reserve fund. In order further
to ensure the maintenance of such  debt  service  reserve  funds,  there
shall  be  annually apportioned and paid to the authority for deposit in
each debt service reserve fund such sum, if any, as shall  be  certified
by  the  chairman of the authority to the governor and state director of
the budget as necessary to restore such reserve fund to an amount  equal
to  the  maximum  amount of principal and interest maturing and becoming
due in any succeeding calendar year on the bonds of the  authority  then
outstanding  and  secured  by  such  reserve  fund.  The chairman of the
authority shall annually, on or before December first, make and  deliver
to the governor and state director of the budget his certificate stating
the sum, if any, required to restore each such debt service reserve fund
to the amount aforesaid, and the sum or sums so certified, if any, shall
be  apportioned  and paid to the authority during the then current state
fiscal year. The principal amount of bonds secured  by  a  debt  service
reserve fund or funds to which state funds are apportionable pursuant to
this  subparagraph  shall  be  limited  to the total amount of bonds and
notes outstanding on the effective date of  this  act,  plus  the  total
amount  of  bonds  and notes contracted after the effective date of this
act to finance projects in progress on the effective date of this act as
determined by the  New  York  state  public  authorities  control  board
created  pursuant  to  section  fifty  of this chapter whose affirmative
determination shall be conclusive as to all  matters  of  law  and  fact
solely  for  the  purposes of the limitations contained in this subpara-
graph, but in no event shall the total amount of  bonds  so  secured  by
such  a  debt  service  reserve fund or funds exceed two hundred seventy
million dollars  for  locally  sponsored  community  colleges  and  four
hundred  seventy  million  dollars for [city] STATE university community
colleges, excluding bonds issued to refund such outstanding bonds  until
the  date  of redemption of such outstanding bonds. As outstanding bonds
so secured are paid, the amount so secured shall be reduced  accordingly
but  the  redemption  of  such  outstanding  bonds  from the proceeds of
refunding bonds shall not reduce the amount so secured.
  (g) No agreement by the dormitory authority [with the city  university
construction  fund  or  with  such fund and] the [city] STATE university
with respect to a [city] STATE  university  community  college,  entered
into  prior to July first, nineteen hundred eighty-five and no agreement
entered into on or after July first, nineteen hundred eighty-five  which
is  supplemental to any agreement entered into prior to such July first,
shall be effective unless and until it is approved by the state director
of the budget or his designee and by the director of the budget  of  the
city of New York or his designee.
  (c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand,  (i)  the  dormitory  authority  shall not deliver a series of
bonds for [city] STATE university community college  facilities,  except
to refund or to be substituted for or in lieu of other bonds in relation
to  [city]  STATE  university community college facilities pursuant to a
resolution of the dormitory authority adopted before July  first,  nine-
teen  hundred eighty-five or any resolution supplemental thereto, if the
principal amount of bonds so to be issued when added  to  all  principal
amounts of bonds previously issued by the dormitory authority for [city]
STATE university community college facilities, except to refund or to be
substituted in lieu of other bonds in relation to [city] STATE universi-

S. 3174                            37

ty  community  college  facilities  will  exceed the sum of four hundred
twenty-five million dollars and (ii) the dormitory authority  shall  not
deliver a series of bonds issued for [city] STATE university facilities,
including  community college facilities, pursuant to a resolution of the
dormitory authority adopted on or after  July  first,  nineteen  hundred
eighty-five,  except  to  refund  or to be substituted for or in lieu of
other bonds in relation to [city] STATE university facilities and except
for bonds issued pursuant to a resolution supplemental to  a  resolution
of the dormitory authority adopted prior to July first, nineteen hundred
eighty-five, if the principal amount of bonds so to be issued when added
to  the principal amount of bonds previously issued pursuant to any such
resolution, except bonds issued to refund or to be substituted for or in
lieu of other bonds in relation to [city] STATE  university  facilities,
will  exceed  six  billion eight hundred forty-three million two hundred
thousand dollars.  The legislature reserves the right to amend or repeal
such limit, and the state of New York, the dormitory authority, AND  the
[city]  STATE university, [and the fund] are prohibited from covenanting
or making any other agreements with or for the  benefit  of  bondholders
which might in any way affect such right.
  20.  Subject  to the provisions of any lease, sublease or other agree-
ment with  the  state  university  of  New  York  and  state  university
construction  fund [or with the city university of New York and the city
university construction fund] to the contrary, in  any  case  where  the
authority and the respective fund are authorized to and have agreed that
the  authority will award contracts for the design and construction of a
project, the authority shall prepare or cause to be prepared a  facility
design  and  performance  plan with the state university of New York and
state university construction fund [or with the city university  of  New
York  and  the  city  university construction fund]. Such plan shall set
forth the terms and conditions associated with the construction  manage-
ment  process, including, but not limited to, provisions relating to the
selection of architects, construction consultants, construction managers
and contractors, the relative responsibilities of the authority and  the
respective fund with respect to the initial project budget, the prepara-
tion  of working drawings and budgets, the project construction process,
beneficial occupancy including formal  notifications,  punch  lists  and
acceptance  by  all  parties,  notification  of construction completion,
project close-out, and the commencement of  responsibility  for  mainte-
nance  of the facility. Such plan shall also include provisions relating
to the responsibility of the authority to require  appropriate  perform-
ance and surety bonds, the diligent pursuit by the authority of remedies
against  architects, contractors and sureties deemed to be in default in
the performance of their obligations, and, generally, the management  of
the  construction  process  in  a professional manner in accordance with
prevailing construction industry standards. The authority  shall  submit
the  facility  design  and  performance  plan to the respective fund for
inclusion in the  capital  program  plan  submitted  by  the  respective
university to the director of the budget.
  S  69.  Subdivision 4 of section 1680-b of the public authorities law,
as amended by chapter 62 of the laws of 1988,  is  amended  to  read  as
follows:
  4.  In the event that a participating municipality fails to pay to the
authority when due all or part of the rentals and other payments payable
pursuant to any lease, sublease or agreement  with  the  authority,  the
chairman  or another officer of the authority shall certify at the times
provided in this subdivision the amount of rentals  and  other  payments

S. 3174                            38

then  due  from  such  participating  municipality and unpaid. The state
comptroller, upon receipt of such certificate, shall deduct  the  amount
of  such  rentals  and other payments as remains unpaid to the authority
first  from  the aid payable to such participating municipality from the
court facilities incentive aid fund established by  section  ninety-four
of the state finance law and, then, from the next succeeding payments of
state  aid  apportioned  to  such participating municipality, as revenue
sharing, per capita aid, and any other aid pursuant  to  section  fifty-
four  of  the  state  finance  law  and,  then, from the next succeeding
payments of state aid for any local  governmental  administrative  costs
that  are  reimbursable  to  the  participating municipality pursuant to
state law and, then, from the next succeeding payments of state aid from
moneys appropriated pursuant to section six hundred eight of the  public
health  law  and pursuant to section ten-c of the highway law; provided,
however, that the right of the authority to the payment  of  any  amount
deducted  by  the  state  comptroller  pursuant to this section from per
capita aid apportioned to the city of New  York  shall  be  subject  and
subordinate  to  [the  rights  of  the city university construction fund
pursuant to section sixty-two  hundred  seventy-nine  of  the  education
law,]  the  New  York  city  housing development corporation pursuant to
section six hundred fifty-six of the private housing  finance  law,  the
trustees  of the police pension fund pursuant to paragraph e of subdivi-
sion seven of section fifty-four of  the  state  finance  law,  and  the
municipal  assistance  corporation  for the city of New York pursuant to
section three thousand thirty-six-a of this chapter and subdivision  one
of  section  ninety-two-e  of  the state finance law. In order to insure
that the amount of rentals and  other  payments  due  and  unpaid  by  a
participating  municipality  are paid, the authority on or within thirty
days prior to January twenty-fifth,  April  twenty-fifth,  July  twenty-
fifth  and  October twenty-fifth of each year shall certify to the state
comptroller the amount of rentals and other payments then due and unpaid
by each participating municipality pursuant to any  lease,  sublease  or
other  agreement.  The amount required to be deducted by the state comp-
troller pursuant to this subdivision shall be deducted  from  such  aid,
whether  or not the state aid from which such deduction is to be made is
then payable to the participating municipality, and  thereupon  paid  to
the  authority.  The  amount  of state aid payable to such participating
municipality shall be reduced by the amount deducted by the state  comp-
troller  notwithstanding  the amount appropriated and apportioned by the
state to such participating municipality, and the  state  shall  not  be
obligated  to make and the participating municipality shall not be enti-
tled to receive any additional apportionment or payment  of  such  state
aid.  Nothing  shall be construed to create an obligation upon the state
to appropriate moneys, to preclude the state from reducing the amount of
moneys appropriated or level of assistance provided, or to preclude  the
state  from altering or modifying the manner in which it provides for or
provides assistance.
  S 70. Paragraph (c) of subdivision 1, paragraphs (i), (j), (k) and (l)
of subdivision 2, and subparagraph (iii) of paragraph (e) of subdivision
4 of section 1680-j of the public authorities law, as added by section 1
of part MM of chapter 59 of the laws of 2004, are  amended  to  read  as
follows:
  (c)  Every  officer, employee, or member of a governing board or other
board of any college or group or association of colleges, and every  New
York  state regent, every officer or employee of the board of regents or
the department of education and every trustee, officer  or  employee  of

S. 3174                            39

the  state  university  of New York [or the city university of New York]
shall be ineligible for appointment as a member,  representative,  offi-
cer, employee or agent of the board.
  (i)  "Public college" shall mean each component of the state universi-
ty, as defined in subdivision three of section three  hundred  fifty-two
of  the  education  law  and  in  subdivision two of section sixty-three
hundred one of the education law [and each senior college and  community
college  of  the city university of New York, as defined in subdivisions
four and five of section sixty-two hundred two of the education law].
  (j) "Total academic square footage amount" shall mean an amount  equal
to  the product of (i) 26.25 million dollars for the state university of
New York [or 17.5 million dollars for the city university of New  York],
multiplied by (ii) the eligible college's proportion of the total square
footage  of  academic facilities operated by all components of the state
university of New York, as defined in subdivision three of section three
hundred fifty-two and in subdivision two of section sixty-three  hundred
one  of the education law [or all senior colleges and community colleges
of the city university of New York, as defined in subdivisions four  and
five  of section sixty-two hundred two of the education law, respective-
ly].
  (k) "Total full-time equivalent amount" shall mean an amount equal  to
the  product  of  (i)  78.75 million dollars for independent colleges or
52.5 million dollars for colleges of the state university  of  New  York
[or  thirty-five  million dollars for colleges of the city university of
New York,] multiplied by (ii) the eligible college's proportion  of  the
total   full-time  equivalent  students  for  all  eligible  independent
colleges, all components of the state university of New York, as defined
in subdivision three of section three hundred fifty-two and in  subdivi-
sion  two  of  section sixty-three hundred one of the education law, [or
all senior colleges and community colleges of the city university of New
York, as defined in subdivisions four  and  five  of  section  sixty-two
hundred  two of the education law, respectively,] and calculated from an
eligible college's final fall full-time equivalent  enrollment  for  the
two  thousand three--two thousand four academic year as published by the
state education department.
  (l) "Total TAP expenditure amount" shall mean an amount equal  to  the
product  of  (i) the product of forty-five percent of one hundred seven-
ty-five million dollars for independent colleges or the product of twen-
ty-five percent of one hundred five million dollars for colleges of  the
state  university  of New York [or the product of twenty-five percent of
seventy million dollars for colleges  of  the  city  university  of  New
York],  multiplied by (ii) an eligible college's proportion of the total
funding received under section six hundred sixty-seven of the  education
law  by  all  eligible independent colleges, all components of the state
university of New York, as defined in subdivision three of section three
hundred fifty-two and in subdivision two of section sixty-three  hundred
one of the education law, [or all senior colleges and community colleges
of  the city university of New York, as defined in subdivisions four and
five of section sixty-two hundred two of the education law,  respective-
ly,]  as  estimated by the higher education services corporation for the
two thousand three-two thousand four academic year.
  (iii) Whether the project is eligible  for  funding  under  the  state
university [or city university] capital plan;
  S  71.  Subdivision 2 of section 1680-p of the public authorities law,
as added by section 2 of part RR of chapter 57 of the laws of  2010,  is
amended to read as follows:

S. 3174                            40

  2.  Notwithstanding  any  other  provision  of law to the contrary, in
order  to  assist  the  authority  in  undertaking  the   financing   of
construction  of a state longitudinal data system but not limited to the
development and purchase of computer  hardware,  software,  and  related
equipment,  such amount shall include expenses made by the State Univer-
sity of New York[, the City University of New York] and  the  department
of  education,  the director of the budget is hereby authorized to enter
into one or more service contracts with the  authority,  none  of  which
shall exceed thirty years in duration, upon such terms and conditions as
the  director  of  the budget and the authority agree, so as to annually
provide to the authority, in the aggregate, a  sum  not  to  exceed  the
principal,  interest,  and  related expenses required for such bonds and
notes. Any service contract entered into pursuant to this section  shall
provide  that  the  obligation  of  the  state to pay the amount therein
provided shall not constitute a debt of the state within the meaning  of
any  constitutional or statutory provision and shall be deemed executory
only to the extent of monies available and that no  liability  shall  be
incurred  by  the  state  beyond  the monies available for such purpose,
subject to annual appropriation by the legislature. Any such contract or
any payments made or to be made thereunder may be assigned  and  pledged
by  the  authority as security for its bonds and notes, as authorized by
this section.
  S 72. Subdivision 4-b of section 1682 of the public  authorities  law,
as  added  by  chapter  264  of  the laws of 1986, is amended to read as
follows:
  4-b. Any resolution authorizing the issuance of bonds for the  purpose
of  providing  facilities for the [city] STATE university CAMPUS LOCATED
IN THE CITY OF NEW YORK pursuant to a lease, sublease or other agreement
entered into by [the city university construction fund and] the dormito-
ry authority on or  after  July  first,  nineteen  hundred  eighty-five,
refunding  any  such bonds, or establishing or funding reserves for such
bonds shall  state  the  principal  amount  of  bonds  being  issued  in
connection  with  senior  college facilities and the principal amount of
bonds being issued in connection with community college facilities.  The
proceeds  of  such  bonds  to  be applied to the payment of the costs of
providing senior college facilities shall be  held  separate  and  apart
from  the  proceeds  of  such  bonds to be applied to the payment of the
costs of providing community college  facilities.  The  proceeds  to  be
applied  to the payment of the costs of providing senior college facili-
ties shall not be applied to the  payment  of  the  costs  of  providing
community  college  facilities  and  the  proceeds  to be applied to the
payment of the costs of providing community college facilities shall not
be applied to the payment of  the  costs  of  providing  senior  college
facilities.
  S  73.  The  section  heading  and the first undesignated paragraph of
section 1699-n of the public authorities law, as amended by chapter  180
of the laws of 1984, is amended to read as follows:
  Designation  of small business set-asides at the Medgar Evers college,
[city] STATE university of New  York.  The  chairman  has  authority  to
designate  as small business set-asides specified commodities, equipment
or services or contracts  for  construction,  reconstruction,  rehabili-
tation  or  improvement of college facilities for which purchase or work
contract have been requested by the board of  trustees  for  the  Medgar
Evers  college, [city] STATE university of New York under the provisions
of this title. The designation shall be made prior to the  advertisement
for  bids as provided by law, and when the advertisement is published it

S. 3174                            41

shall indicate the purchases which have been designated  small  business
set-asides.  To  effectuate the purposes of this title, the chairman may
exercise this authority whenever there is a reasonable expectation  that
bids  will  be  obtained from at least three small businesses capable of
furnishing the desired property or service  at  a  fair  and  reasonable
price.
  S  74.  Item  (i) of subparagraph 2 of paragraph c of subdivision 1 of
section 23 of the general municipal law is REPEALED.
  S 75. Subdivision 4 of section 810 of the general  municipal  law,  as
added by chapter 813 of the laws of 1987, is amended to read as follows:
  4.  The  term "state agency" shall mean any state department, or divi-
sion, board, commission, or bureau of any state department,  any  public
benefit  corporation,  public  authority  or  commission at least one of
whose members is appointed by the governor, or the state  university  of
New York [or the city university of New York], including all [their] ITS
constituent  units  except community colleges and the independent insti-
tutions operating statutory or contract colleges on behalf of the state.
  S 76. Paragraph c of subdivision 2 and subdivisions 3 and 9 of section
140 of the education law, as added by chapter 679 of the laws  of  1988,
are amended to read as follows:
  c.  "Institutions  eligible  for  historical  records program grants".
Chartered or  incorporated  nonprofit  archives,  libraries,  historical
societies and museums and other nonprofit institutions in New York state
which operate historical records programs and which meet standards to be
established by the commissioner pursuant to regulations adopted for such
purposes. Institutions operated by state or federal government agencies,
and  local  government  archives  shall  not  be eligible for historical
records project grants, except that an institution of the state  univer-
sity  of  New  York  [or  the city university of New York] may apply for
historical records project grants with  regard  to  records  other  than
internal records generated by the institution after July first, nineteen
hundred  forty-eight if it is a component of the state university of New
York [or after July first, nineteen hundred  seventy-nine  if  it  is  a
component  of  the  city university of New York] or after the subsequent
date on which the institution became a component of such university.
  3. Scope of activities to be supported. The commissioner is authorized
to provide grants and advice to  institutions  eligible  for  historical
records  programs and cooperative projects, and aid to regional advisory
and assistance agencies, the central administration of the state univer-
sity of New York [and the central administration of the city  university
of New York]. Grants shall be used to support the development and admin-
istration  of  historical  records  programs;  the surveying, appraisal,
identification, collection, duplication, arrangement,  description,  and
making  available of historical records; public and educational program-
ming relating to historical records; projects to improve archival  tech-
niques;  and projects to promote the research use of historical records.
Aid to regional advisory  and  assistance  agencies  shall  be  used  to
promote  and  assist the development of historical records programs. Aid
to the central administrations of the state university of New York  [and
the  city  university  of New York] shall be used to develop guidelines,
policies and  procedures,  training,  technical  assistance,  materials,
oversight,  retention  and disposition schedules for university records,
and to promote, guide and direct  the  component  institutions  of  such
universities in the sound administration of archival records.
  9.  Aid  for  state university of New York [and city university of New
York].  To be eligible to receive aid  annually,  the  central  adminis-

S. 3174                            42

tration  of  the  state university of New York [and the central adminis-
tration of the city university of New York] shall [each] submit an annu-
al workplan acceptable to the commissioner, and, after the first year of
receiving  aid, a report on activities of the prior year and a five-year
plan.
  S 77. Item (iii) of subparagraph 2 of paragraph a of subdivision 4  of
section 140 of the education law is REPEALED.
  S  78.  The section heading and subdivisions 3, 6 and 7 of section 237
of the education law, the section heading and subdivision 3  as  amended
by  chapter 186 of the laws of 1977, subdivision 6 as amended and subdi-
vision 7 as added by chapter 567 of the laws of  1971,  are  amended  to
read as follows:
  Regents  plan  for  higher education including approved plans of state
university [and city university] of New York and  plans  of  independent
institutions of higher education.
  3.  The regents shall, once every four years, review the proposed plan
and recommendations required to be submitted  by  the  state  university
trustees  pursuant  to section three hundred fifty-four of this chapter,
the proposed plan and recommendations of the board of  higher  education
in  the  city  of  New York required to be submitted pursuant to section
sixty-two hundred two of this chapter,  and  the  plans  of  independent
institutions  of  higher  education and, upon approval by the regents of
the plans submitted by the state university trustees and  the  board  of
higher  education,  they  shall  be  incorporated into a regents plan or
general revision thereof for the development of higher education in  the
state.  Such  regents  plan  shall  include the plan and recommendations
proposed by the state university trustees and the plan  and  recommenda-
tions  proposed by the board of higher education in the city of New York
and may include plans with respect to  other  matters  not  comprehended
within the plan of the state [and city universities] UNIVERSITY, includ-
ing but not limited to improving institutional management and resources,
instruction  and guidance programs, financial assistance to students and
extension of educational opportunities.  In  determining  the  need  for
additional  educational  facilities  in a particular area, the plans and
facilities of existing public  and  independent  institutions  shall  be
fully  evaluated.  Such  statewide  plan  shall  include for information
purposes a summary of all recommendations appearing in the prior  state-
wide plan and subsequent amendments thereof containing a brief statement
of action taken and progress toward achievement of each such recommenda-
tion.
  6. Any modification recommended by the state university trustees or by
the  board  of higher education in the city of New York to their respec-
tive plans, theretofore formulated  and  approved  pursuant  to  section
three  hundred fifty-four or section sixty-two hundred two of this chap-
ter shall be reviewed by the regents who may hold one or  more  hearings
thereon  after  giving  due  notice thereof. As approved by the regents,
such modification shall be made a part of the [respective plans] PLAN of
the state university [and of the city university]  and  shall,  together
with  any  modifications  the  regents may make to that portion of their
plan for the development of higher education in the  state  not  compre-
hended  in the [plans] PLAN of the state [and city universities] UNIVER-
SITY, be transmitted to the governor and the legislature, all  of  which
shall  then  become effective upon approval by the governor as modifica-
tions of the regents plan. By the first  day  of  November  in  nineteen
hundred  seventy-four  and each fourth year thereafter the regents shall
summarize and report to the governor and the legislature  any  modifica-

S. 3174                            43

tions made pursuant to this subdivision and shall include in such report
a  statement  on  the progress made in implementing the regents plan and
their general recommendations with respect to higher education.
  7.  An advisory council on higher education consisting of the chancel-
lor of the state university of New York, [the  chancellor  of  the  city
university of New York,] and a representative of the commission on inde-
pendent  colleges and universities shall be convened by the commissioner
of education and shall advise the regents and the  commissioner  on  all
phases of planning.
  S  79.  Subdivisions 2, 4 and 5 of section 239-a of the education law,
as added by chapter 8 of the laws  of  2009,  are  amended  to  read  as
follows:
  2.  The administration of the individual state [and city universities]
UNIVERSITY and colleges and every public or private  college,  community
college or university within the state, are hereby authorized to facili-
tate  a  campus-wide charitable donation program for local area not-for-
profit organizations utilizing students' residual  consumer  goods.  The
administration:
  a.  shall  designate  a collection area for students to drop-off their
unused or surplus goods two weeks before the end of the school year;
  b. shall either develop a direct  donation  program  of  the  residual
consumer  goods  or  organize  a  charitable  event  to collect residual
consumer goods and donate such goods to local  not-for-profit  organiza-
tions; and
  c.  may  involve  student  organizations for the implementation of the
program.
  4. In the event that there is no viable local not-for-profit organiza-
tion able to accept the residential consumer goods collected, the admin-
istration of the individual state [or city]  university  or  college  or
public  or  private  college, community college or university within the
state may organize a campus-wide sale of such goods. The profits of such
sale may be dedicated by the student organizations or by the  individual
state  [or  city  university]  or  college or public or private college,
community college or university facilitating  the  program  to  a  local
not-for-profit organization.
  5.  The administration of any individual state [or city] university or
college or public or private college, community  college  or  university
may  grant  credit to student members of organizations involved with the
program, pursuant to subdivision two of this section, in the amount  and
form that such administration deems appropriate.
  S  80.  Paragraph c of subdivision 1 of section 239-a of the education
law is REPEALED.
  S 81. Paragraph g of subdivision 1 and paragraph c of subdivision 5 of
section 273 of the education law, as amended by section 3 of part  O  of
chapter 57 of the laws of 2005, are amended to read as follows:
  g.  In  addition to the sums otherwise provided in paragraphs a, b, c,
d, e, f, h and i of this subdivision, the New York Public Library  shall
receive  an  amount  equal to its actual expenditures for books, period-
icals and binding for its research libraries which expenditures are  not
otherwise  reimbursed  or  seven  hundred  sixty-seven thousand dollars,
whichever is less, and the additional sum of five  million  six  hundred
forty-nine  thousand six hundred dollars for the general support of such
research libraries. In addition to  any  other  sums  provided  to  such
library, the sum of two million dollars shall be payable annually to the
New  York  Public  Library  for  the general support of library services
provided by the New York Public Library to the  students  of  the  [City

S. 3174                            44

University]  STATE  UNIVERSITY  of  New  York and the sum of one million
dollars shall be payable annually to the New York Public Library for the
general support of its science, industry and business library.
  c.  Funds for the support of this program shall be appropriated to the
department, except that funds for the state-operated institutions of the
state university of New York  [and  the  senior  colleges  of  the  city
university  of  New York], shall be appropriated to the state university
of New York out of any moneys in the state treasury in the general  fund
to  the  credit  of  the state purposes fund not otherwise appropriated,
[and funds shall be appropriated to the city university of New York  out
of any moneys in the state treasury in the general fund to the credit of
the  local  assistance  fund  not  otherwise appropriated,] and shall be
subject to the same distribution formula as provided in paragraph  b  of
this subdivision.
  S  82.  Subdivision 12-a of section 305 of the education law, as added
by section 4 of part A of chapter 57 of the laws of 2007, is amended  to
read as follows:
  12-a. The commissioner shall evaluate the effectiveness of all teacher
preparation programs in the state, and the timelines and costs of devel-
oping  or  modifying  data  systems  to collect the necessary data. Such
study shall consider measuring the effectiveness of such programs  based
on  the academic performance of their students and graduates and through
other measures. The commissioner shall consult with the  chancellors  of
the  state university of New York [and the city university of New York,]
and other representatives of  institutions  of  higher  education.  Upon
completion of such study, the commissioner shall make recommendations to
the board of regents on implementation of such methodologies.
  S  83. Item (iii) of subparagraph 4 of paragraph h of subdivision 2 of
section 355 of the education law, as amended by chapter 260 of the  laws
of 2011, is amended to read as follows:
  (iii)  The state shall appropriate annually and make available general
fund operating support, including fringe benefits, for the state univer-
sity in an amount not less than the amount appropriated and made  avail-
able  to the state university in state fiscal year two thousand eleven--
two thousand  twelve.  Beginning  in  state  fiscal  year  two  thousand
twelve-two thousand thirteen and thereafter, the state shall appropriate
and  make  available  general  fund  operating support, including fringe
benefits, for the state university in an amount not less than the amount
appropriated  and  made  available  in  the  prior  state  fiscal  year;
provided, however, that if the governor declares a fiscal emergency, and
communicates such emergency to the temporary president of the senate and
speaker  of  the  assembly,  state support for operating expenses at the
state university [and city  university]  may  be  reduced  in  a  manner
proportionate  to  one  another, and the aforementioned provisions shall
not apply.
  S 84. Paragraph a of subdivision 1 of section  358  of  the  education
law,  as  amended by chapter 340 of the laws of 1969, is amended to read
as follows:
  a. Medical schools,  dental  schools,  research  centers  and  similar
institutions  or  facilities  operating  specified  training or research
programs or projects pursuant to contracts with  the  state  university.
[The  state university is hereby authorized to enter into such contracts
with the city university of New York.]    The  acceptance  of  any  such
financial  assistance or the making of any such contract by or on behalf
of a medical school, dental school, research center or similar  institu-
tion  or  facility  shall not subject it or its programs to supervision,

S. 3174                            45

control or regulation by the state university  trustees  except  to  the
extent that such supervision, control or regulation are expressly stated
in the contract.
  S  85.  Subdivisions  4  and 5 of section 399 of the education law, as
amended by chapter 557 of the laws of  1995,  are  amended  to  read  as
follows:
  4. The board of trustees of state university with respect to the state
university and the community colleges[, and the board of trustees of the
city  university with respect to employees of the city university of New
York,] shall designate the insurer or insurers from which  such  annuity
contracts or in the case of custodial accounts, the company or companies
from  whom  regulated  investment  company shares shall be purchased. In
making such designation, due consideration shall be  given  to  (a)  the
nature and extent of the rights and benefits to be provided by contracts
for  such  special  annuity or custodial account for employees and their
beneficiaries, (b) the relation of  such  rights  and  benefits  to  the
amount of contributions to be made for such contracts, (c) the suitabil-
ity of such rights and benefits to the needs and interests of employees,
and  to  the  interests  of employers in the employment and retention of
employees, and (d) the authority and ability of the  designated  insurer
or  insurers  or  designated  company or companies to provide rights and
benefits under such contracts or custodial accounts.
  5. The board of trustees of state  university,  with  respect  to  the
state  university and the community colleges, [and the board of trustees
of the city of New York with respect to the city university,] are hereby
authorized to provide for  the  administration  of  a  program  for  the
purchase  of  such  special  annuities  or  establishment  of  custodial
accounts, and to perform or authorize the performance of such  functions
as may be necessary for such purpose in accordance with this section.
  S 86. Subdivision 4 of section 601 of the education law, as amended by
chapter 466 of the laws of 1977, is amended to read as follows:
  4.  "Approved  program",  for  the  purpose of determining a student's
eligibility for awards provided in articles  thirteen  and  fourteen  of
this  chapter  and  subject to specific modification by sections of such
articles, shall mean the following programs of  study  approved  by  the
commissioner  pursuant  to  this article in accordance with rules of the
board of regents and registered by the [state education]  department  in
accordance  with  regulations  of the commissioner or, where applicable,
registered by the state department of health and forwarded to the  state
education department: (1) collegiate level programs leading to a degree,
or  programs leading to a diploma or certificate that are fully credita-
ble towards a degree program in that institution; (2) study and training
programs offered by a hospital school, a community college,  a  unit  of
the  state university of New York, [a unit of the city university of New
York,] or an institution chartered by the regents or by the  legislature
for  the  purpose of granting degrees, leading to licensure as a profes-
sional registered or practical nurse or to certification in an  area  of
medical  or  health  technology;  and (3) two-year programs offered in a
registered private business school.
  S 87. Subparagraph 1 of paragraph a of subdivision 6 of section 610 of
the education law, as added by chapter 425  of  the  laws  of  1988,  is
amended to read as follows:
  (1) If the recipient attends an institution [of the city university of
New  York  or  an institution] of the state university of New York other
than the statutory colleges at Cornell,  the  college  of  environmental
science  and forestry at Syracuse and the college of ceramics at Alfred,

S. 3174                            46

the annual scholarship award shall be an amount equal to the non-tuition
cost of attendance at such institution or college  reduced  by  (i)  the
amount  of  a  Pell  grant  and  (ii) the amount of such other state and
federal  scholarships  and  grants,  other  than  tuition  assistance or
supplemental tuition assistance received under this  chapter,  which  do
not  require repayment, awarded to the recipient for the cost of attend-
ance at the institution being attended, as reported  to  the  president;
provided, however, that such scholarship shall be reduced one dollar for
every  three dollars of income in excess of eighteen thousand dollars of
income; or
  S 88. Section 611 of the education law, as added by chapter 425 of the
laws of 1988, is amended to read as follows:
  S 611. Liberty  scholarship  advisory  committee.    There  is  hereby
created a liberty scholarship advisory committee, which shall consist of
eleven  persons appointed by the governor, two of whom shall be upon the
recommendation of the president pro tem of the senate and  two  of  whom
shall  be  upon the recommendation of the speaker of the assembly.  Such
members shall serve at the pleasure of the governor, except  that  those
recommended  by  other  authorities  shall serve at the pleasure of such
recommending authorities, and shall include,  but  not  be  limited  to,
representatives  of  secondary schools, business and industry, labor and
nonprofit  or  voluntary  organizations.  In  addition  to  such  eleven
members, the president of the higher education services corporation, the
commissioner of education, the chancellor of the state university of New
York[, the chancellor of the city university of New York] and the presi-
dent  of  the  commission of independent colleges and universities shall
serve on the committee as ex-officio members. The governor shall  desig-
nate  one member to serve as chairperson of the committee. No later than
April first, nineteen hundred eighty-nine, such committee shall  prepare
a  plan that (i) identifies counseling and support services for students
available from institutions  of  higher  education,  secondary  schools,
government  agencies,  business and industry, labor, nonprofit organiza-
tions and volunteers and (ii) proposes ways in which such counseling and
support services can be coordinated to promote continuity of  counseling
and  support. In addition, the advisory committee shall make recommenda-
tions as to the implementation  of  such  plan  and  shall  periodically
report  on  the  degree  to which such plan has been successfully imple-
mented. The president, commissioner and the chancellors  of  the  public
universities  shall  make  available  personnel  to act as staff for the
committee. The members of the committee shall  receive  no  compensation
for  their  services,  but  shall be entitled to reimbursement for their
actual and necessary expenses  incurred  in  the  performance  of  their
duties.
  S 89. Subdivisions 3 and 8 of section 652 of the education law, subdi-
vision 3 as amended by chapter 339 of the laws of 2010 and subdivision 8
as  added  by  chapter  193  of the laws of 1989, are amended to read as
follows:
  3. The corporation shall be governed and all of its  corporate  powers
exercised by a board of trustees which shall consist of fifteen members,
nine  of  whom  shall  be  appointed by the governor with the advice and
consent of the senate. The members not requiring the advice and  consent
of  the senate shall be the commissioner of education, the chancellor of
the state university, [the chancellor of the city university of the city
of New York,] and [three] TWO students. One such student  shall  be  the
president  of the student assembly of the state university of New York[,
one such student shall be the chair of the united student senate of city

S. 3174                            47

university of New York,] and one such student shall be a student  regis-
tered  in  a  full  time course of study at a state university community
college. In the event a student who shall be a member by reason  of  his
or  her  office  in  a  student  organization shall fail to qualify, the
student who holds the next highest office in the organization  shall  be
the member of the board.
  8.  The  commissioner  of education[,] AND the chancellor of the state
university [and the chancellor of the  city  university]  each  may,  by
official  authority filed in his or her respective department or univer-
sity, and with the secretary of the board, designate an officer  of  his
or her respective department or university to represent and exercise all
the  powers of such commissioner or chancellor as the case may be at all
meetings of the board from which such commissioner or chancellor may  be
absent.
  S 90. Subdivision 6 of section 653 of the education law, as amended by
chapter 916 of the laws of 1977, is amended to read as follows:
  6.  To  appoint an advisory council to consist of three student finan-
cial aid officers from public institutions of  higher  education,  three
student  financial  aid  officers  from  private  institutions of higher
education, three representatives  of  banking  institutions  within  the
state,  and  four  students,  [one]  TWO  of  whom  shall be [a student]
STUDENTS registered in a full time course of study at an institution  of
the  state  university,  [one of whom shall be a student registered in a
full time course of study at an institution of the  city  university  of
the  city  of  New York,] one of whom shall be a student registered in a
full time course of study at an independent institution of higher educa-
tion within the state, and one of whom shall be a student registered  in
a  full  time  course of study at a community college located outside of
the city of New York, to assist the corporation on a  regular  basis  in
carrying  out  its purposes. The four student members shall be appointed
after consultation with and  recommendations  from  appropriate  student
organizations. Appointments shall be for a period of three years, except
that of the student members which shall be for one year, and except that
of the members first appointed from public institutions of higher educa-
tion  and  of  the  members first appointed from private institutions of
higher learning and of the members first appointed from  banking  insti-
tutions,  respectively,  one  shall  be appointed for a term of one year
beginning July first, nineteen  hundred  seventy-five  and  ending  June
thirtieth,  nineteen  hundred  seventy-six, one shall be appointed for a
term of two years beginning July first,  nineteen  hundred  seventy-five
and  ending June thirtieth, nineteen hundred seventy-seven and one shall
be appointed for a term of three years beginning  July  first,  nineteen
hundred  seventy-five and ending June thirtieth, nineteen hundred seven-
ty-eight.   Any members whose employment or  student  status  ceases  to
conform to the above requirements shall be required to resign. Vacancies
shall  be  filled  for the unexpired term in the same manner as original
appointments.
  S 91. Subdivision 3 of section 666 of the education law, as amended by
chapter 286 of the laws of 1986, is amended to read as follows:
  3. Participating institutions. Institutions which  offer undergraduate
degrees and participate in the tuition assistance program  are  eligible
to  participate  in  the  tuition  award for part-time students program,
pursuant to this section provided, however, that  the  tuition  for  the
program  in  which  a  student  is  enrolled totals at least one hundred
dollars a year.  Eligible institutions shall apply to the corporation to
participate in such program on applications postmarked on or before  the

S. 3174                            48

fifteenth  day  of June, such applications having been postmarked by the
corporation to all eligible institutions on or before the fifteenth  day
of  May. The department shall provide the enrollment data upon which the
institutional allocation of funds will be based to the corporation on or
before  the first day of May. The corporation shall notify participating
institutions of the institutional allocation of funds on or  before  the
fifteenth  day  of July.  Notwithstanding the manner and extent in which
allocations of funds for awards  are  made  under  this  subdivision  to
institutions  which  form a part of the state university of New York [or
the city university of  New  York],  the  chancellor  of  [either]  such
university  may  reallocate and distribute any unexpended portion of the
allocation of an institution of such university to any other institution
of such university to which an allocation is  made  hereunder.  Notwith-
standing  the manner and extent in which allocations of funds for awards
are made under this subdivision to independent  institutions  of  higher
education,  the  president  may reallocate and distribute any unexpended
portion of the allocation of such  an  institution  to  any  other  such
institution to which an allocation is made hereunder.  Written notice of
such  reallocation and distribution shall be given to the corporation by
such chancellor or commissioner in accordance  with  the  rules  of  the
board.
  S  92. Subdivision 1 and paragraph a of subdivision 2 of section 667-c
of the education law, as added by section 1 of part N of chapter  58  of
the laws of 2006, are amended to read as follows:
  1.  Notwithstanding  any  law, rule or regulation to the contrary, the
president of the higher education services corporation is authorized  to
make tuition assistance program awards to part-time students enrolled at
the  state  university, a community college, [the city university of New
York,] and a  non-profit  college  or  university  incorporated  by  the
regents  or  by  the  legislature  who meet all requirements for tuition
assistance program awards except for the students' part-time attendance.
  a. enrolled as a first-time freshman during the two thousand  six--two
thousand  seven  academic  year or thereafter at a college or university
within the state university, including a statutory or contract  college,
a  community college established pursuant to article one hundred twenty-
six of this chapter, [the city university of New York,] or a  non-profit
college or university incorporated by the regents or by the legislature;
  S  93.  Subparagraph  1  of  paragraph (a) of subdivision 2 of section
668-d of the education law, as added by chapter 176 of the laws of 2002,
is amended to read as follows:
  (1) If the recipient attends an institution of the [city university of
New York or an institution of the] state university of  New  York  other
than  the  statutory  colleges  at Cornell, the college of environmental
science and forestry at Syracuse and the college of ceramics at  Alfred,
the  annual  award  shall  be an amount equal to: the tuition charged at
such institution provided that, notwithstanding any provision of law  to
the  contrary,  the tuition charged to award recipients shall not exceed
that charged to state resident students attending such institution;  the
mandatory  fees charged at such institution; and the non-tuition cost of
attendance at such institution or college, provided that the scholarship
shall not exceed an amount that is equal to the total cost of attendance
determined for federal Title IV student financial aid purposes, less all
other scholarships and grants provided by New York state, other  states,
the  federal  government, or other governments, and the amount of educa-
tional benefits paid under any program that would duplicate the purposes
of this program, provided that any scholarships or grants provided to  a

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recipient  by  the institution which are intended to fund any portion of
the difference between the annual state award and the  actual  costs  of
attendance  at any such institution shall not be considered to duplicate
the purposes of this program; or
  S 94. Subdivision 1 of section 689-a of the education law, as added by
chapter 260 of the laws of 2011, is amended to read as follows:
  1.  The  New  York  state  higher education services corporation shall
calculate a tuition credit for each resident undergraduate  student  who
has  filed an application with such corporation for a tuition assistance
program award pursuant to section six hundred sixty-seven of this  arti-
cle, and is determined to be eligible to receive such award, and is also
enrolled  in  a  program  of  undergraduate study at a state operated or
senior college of the state university of New York [or the city  univer-
sity  of  New York] where the annual resident undergraduate tuition rate
will exceed five thousand dollars. Such tuition credit shall  be  calcu-
lated  for  each  semester,  quarter  or  term  of study that tuition is
charged and tuition for the  corresponding  semester,  quarter  or  term
shall not be due for any student eligible to receive such tuition credit
until  such  credit  is  calculated,  the  student  and school where the
student is enrolled is notified of the tuition credit amount,  and  such
tuition credit is applied toward the tuition charged.
  S  95. Section 2590-k of the education law, as added by chapter 330 of
the laws of 1969, is amended to read as follows:
  S 2590-k. Contracts with [city]  STATE  university  of  New  York  for
administration  of high schools.  1. The city board and the [city] STATE
university of New York are hereby authorized and empowered to enter into
a contract or contracts whereby such university will administer not more
than five high schools under the jurisdiction of the city board selected
from among those schools which exhibit the greatest degree of  disadvan-
tage  as  measured by such factors as the proportion of students earning
general diplomas, the percentage of students reading below grade  level,
the  attrition  rate,  the proportion of students residing in officially
designated poverty areas, and similar measures.
  2. Such contract may provide for the delegation by the city  board  of
any  of  its  functions,  powers, and duties or of a community board, or
those of the chancellor or a  community  superintendent,  in  connection
with  the operation of such high schools, to the [city] STATE university
of New York, except the power to appoint or terminate the employment  of
any  employee.  The terms and conditions of employment shall continue to
remain under the jurisdiction of the city board.
  3. The provisions of section sixty-two hundred nine  of  this  chapter
with  respect  to  the  apportionment  of  public school moneys shall be
applicable to  the  high  schools  included  in  any  such  contract  or
contracts.
  S  96. This act shall take effect on the first of July next succeeding
the date on which it shall have become  a  law;  provided  however,  the
amendments  to  section 310 of the executive law made by section nine of
this act shall not affect the expiration of such section  and  shall  be
deemed  to expire therewith; provided further that the amendments to the
undesignated paragraph of section 1680 of  the  public  authorities  law
made  by  section  sixty-six  of this act shall not affect the repeal of
such paragraph and shall be deemed repealed therewith; provided  further
that the amendments to subparagraph four of paragraph h of subdivision 2
of  section  355  of  the education law, made by section eighty-three of
this act shall not affect the expiration of such subparagraph and  shall
be  deemed  to expire therewith; provided further that the amendments to

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section 689-a of the education law made by section ninety-four  of  this
act  shall  not affect the repeal of such section and shall be deemed to
be repealed therewith.