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

                                  10021

                          I N  A S S E M B L Y

                               May 5, 2016
                               ___________

Introduced  by M. of A. GLICK -- read once and referred to the Committee
  on Higher Education

AN ACT to amend the education law, in relation to  state  appropriations
  to  the  state  university  of New York and the city university of New
  York

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

  Section 1. Clause (iv) of subparagraph 4 of paragraph h of subdivision
2 of section 355 of the education law, as amended by section 1 of part D
of  chapter  54  of the laws of 2016, is renumbered clause (v) and a new
clause (iv) is added to read as follows:
  (IV) 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
SEVENTEEN--TWO THOUSAND EIGHTEEN AND THEREAFTER, THE STATE SHALL  APPRO-
PRIATE  AND  MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT FOR THE STATE
UNIVERSITY AND THE STATE UNIVERSITY HEALTH SCIENCE CENTERS IN AN  AMOUNT
NOT  LESS THAN THE AMOUNTS SEPARATELY APPROPRIATED AND MADE AVAILABLE IN
THE PRIOR STATE FISCAL YEAR; PROVIDED, FURTHER, THE STATE  SHALL  APPRO-
PRIATE  AND  MAKE  AVAILABLE GENERAL FUND OPERATING SUPPORT TO COVER ALL
MANDATORY COSTS OF THE STATE UNIVERSITY AND THE STATE UNIVERSITY  HEALTH
SCIENCE  CENTERS, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, COLLECTIVE
BARGAINING COSTS INCLUDING SALARY INCREMENTS, FRINGE BENEFITS, AND OTHER
NON-PERSONAL SERVICE COSTS SUCH AS UTILITY COSTS, BUILDING  RENTALS  AND
OTHER  INFLATIONARY  EXPENSES  INCURRED  BY THE STATE UNIVERSITY AND THE
STATE UNIVERSITY HEALTH  SCIENCE  CENTERS.  IF  THE  GOVERNOR,  HOWEVER,
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 UNIVER-
SITY MAY BE REDUCED IN A MANNER PROPORTIONATE TO ONE  ANOTHER,  AND  THE
AFOREMENTIONED PROVISIONS SHALL NOT APPLY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15241-01-6
              

A. 10021                            2

  S  2. The opening paragraph of subparagraph 4 of paragraph h of subdi-
vision 2 of section 355 of the education law, as amended by chapter  437
of  the  laws of 2015, is designated clause (i) and a new clause (ii) is
added to read as follows:
  (II)  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
SEVENTEEN--TWO  THOUSAND EIGHTEEN AND THEREAFTER, THE STATE SHALL APPRO-
PRIATE AND MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT FOR  THE  STATE
UNIVERSITY  AND THE STATE UNIVERSITY HEALTH SCIENCE CENTERS IN AN AMOUNT
NOT LESS THAN THE AMOUNTS SEPARATELY APPROPRIATED AND MADE AVAILABLE  IN
THE  PRIOR  STATE FISCAL YEAR; PROVIDED, FURTHER, THE STATE SHALL APPRO-
PRIATE AND MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT  TO  COVER  ALL
MANDATORY  COSTS OF THE STATE UNIVERSITY AND THE STATE UNIVERSITY HEALTH
SCIENCE CENTERS, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO,  COLLECTIVE
BARGAINING COSTS INCLUDING SALARY INCREMENTS, FRINGE BENEFITS, AND OTHER
NON-PERSONAL  SERVICE  COSTS SUCH AS UTILITY COSTS, BUILDING RENTALS AND
OTHER INFLATIONARY EXPENSES INCURRED BY THE  STATE  UNIVERSITY  AND  THE
STATE  UNIVERSITY  HEALTH  SCIENCE  CENTERS.  IF  THE GOVERNOR, HOWEVER,
DECLARES A FISCAL EMERGENCY, AND  COMMUNICATES  SUCH  EMERGENCY  TO  THE
TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY, THE STATE
SUPPORT  FOR OPERATING EXPENSES AT THE STATE UNIVERSITY AND CITY UNIVER-
SITY MAY BE REDUCED IN A MANNER PROPORTIONATE TO ONE  ANOTHER,  AND  THE
AFOREMENTIONED PROVISIONS SHALL NOT APPLY.
  S  3.  Paragraph (a) of subdivision 7 of section 6206 of the education
law, as amended by section 2 of part D of chapter  54  of  the  laws  of
2016, is amended by adding a new subparagraph (iv) to read as follows:
  (IV)  THE  STATE  SHALL  APPROPRIATE ANNUALLY AND MAKE AVAILABLE STATE
SUPPORT FOR OPERATING EXPENSES, INCLUDING FRINGE BENEFITS, FOR THE  CITY
UNIVERSITY  IN  AN AMOUNT NOT LESS THAT THE AMOUNT APPROPRIATED AND MADE
AVAILABLE TO THE CITY UNIVERSITY  IN  STATE  FISCAL  YEAR  TWO  THOUSAND
ELEVEN--TWO THOUSAND TWELVE. BEGINNING IN STATE FISCAL YEAR TWO THOUSAND
SEVENTEEN--TWO  THOUSAND EIGHTEEN AND THEREAFTER, THE STATE SHALL APPRO-
PRIATE AND MAKE AVAILABLE STATE SUPPORT FOR OPERATING  EXPENSE  FOR  THE
CITY UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNTS SEPARATELY APPRO-
PRIATED  AND  MADE  AVAILABLE  IN THE PRIOR STATE FISCAL YEAR; PROVIDED,
FURTHER, THE STATE SHALL APPROPRIATE AND  MAKE  AVAILABLE  GENERAL  FUND
OPERATING  SUPPORT  TO COVER ALL MANDATORY COSTS OF THE CITY UNIVERSITY,
WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, COLLECTIVE BARGAINING COSTS,
INCLUDING SALARY INCREMENTS, FRINGE  BENEFITS,  AND  OTHER  NON-PERSONAL
SERVICE  COSTS  SUCH AS UTILITY COSTS, BUILDING RENTALS AND OTHER INFLA-
TIONARY EXPENSES INCURRED BY  THE  CITY  UNIVERSITY.  IF  THE  GOVERNOR,
HOWEVER, DECLARES A FISCAL EMERGENCY, AND COMMUNICATES SUCH EMERGENCY TO
THE  TEMPORARY  PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY,
STATE SUPPORT FOR OPERATING EXPENSES OF THE STATE  UNIVERSITY  AND  CITY
UNIVERSITY  MAY BE REDUCED IN A MANNER PROPORTIONATE TO ONE ANOTHER, AND
THE AFOREMENTIONED PROVISIONS SHALL NOT APPLY.
  S 4. Paragraph (a) of subdivision 7 of section 6206 of  the  education
law, as amended by chapter 327 of the laws of 2002, is amended by adding
a new subparagraph (iv) to read as follows:
  (IV)  THE  STATE  SHALL  APPROPRIATE ANNUALLY AND MAKE AVAILABLE STATE
SUPPORT FOR OPERATING EXPENSES, INCLUDING FRINGE BENEFITS, FOR THE  CITY
UNIVERSITY  IN  AN AMOUNT NOT LESS THAN THE AMOUNT APPROPRIATED AND MADE
AVAILABLE TO THE CITY UNIVERSITY  IN  STATE  FISCAL  YEAR  TWO  THOUSAND

A. 10021                            3

ELEVEN--TWO THOUSAND TWELVE. BEGINNING IN STATE FISCAL YEAR TWO THOUSAND
SEVENTEEN--TWO  THOUSAND EIGHTEEN AND THEREAFTER, THE STATE SHALL APPRO-
PRIATE AND MAKE AVAILABLE STATE SUPPORT FOR OPERATING EXPENSES  FOR  THE
CITY UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNTS SEPARATELY APPRO-
PRIATED  AND  MADE  AVAILABLE  IN THE PRIOR STATE FISCAL YEAR; PROVIDED,
FURTHER, THE STATE SHALL APPROPRIATE AND  MAKE  AVAILABLE  GENERAL  FUND
OPERATING  SUPPORT  TO COVER ALL MANDATORY COSTS OF THE CITY UNIVERSITY,
WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, COLLECTIVE BARGAINING COSTS,
INCLUDING SALARY INCREMENTS, FRINGE  BENEFITS,  AND  OTHER  NON-PERSONAL
SERVICE  COSTS  SUCH AS UTILITY COSTS, BUILDING RENTALS AND OTHER INFLA-
TIONARY EXPENSES INCURRED BY THE CITY  UNIVERSITY.    IF  THE  GOVERNOR,
HOWEVER, 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 OF THE STATE UNIVERSITY AND CITY UNIVER-
SITY MAY BE REDUCED IN A MANNER PROPORTIONATE TO ONE  ANOTHER,  AND  THE
AFOREMENTIONED PROVISIONS SHALL NOT APPLY.
  S 5. This act shall take effect immediately provided that:
  (a)  the  amendments to subparagraph 4 of paragraph h of subdivision 2
of section 355 of the education law made by  section  one  of  this  act
shall  be  subject  to the expiration and reversion of such subparagraph
pursuant to chapter 260 of the laws of 2011, as amended, when upon  such
date section two of this act shall take effect; and
  (b)  the  amendments to paragraph (a) of subdivision 7 of section 6206
of the education law made by section three of this act shall be  subject
to  the  expiration  and reversion of such paragraph pursuant to chapter
260 of the laws of 2011, as amended when upon such date section four  of
this act shall take effect.