S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10620
 
                           I N  A S S E M B L Y
 
                                May 9, 2018
                                ___________
 
 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.  Clauses  (v) and (vi) of subparagraph 4 of paragraph h of
 subdivision 2 of section 355 of the education law, as amended by section
 1 of part JJJ of chapter 59 of the laws of 2017, are amended to read  as
 follows:
   (v)  Beginning  in state fiscal year two thousand seventeen--two thou-
 sand eighteen and ending in state  fiscal  year  two  thousand  [twenty]
 EIGHTEEN--two  thousand [twenty-one] NINETEEN, the state shall appropri-
 ate 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 propor-
 tionate to one another, and  the  aforementioned  provisions  shall  not
 apply;  provided further, the state shall appropriate and make available
 general fund support to fully fund the tuition credit pursuant to subdi-
 vision two of section six hundred sixty-nine-h of this title.
   (vi) BEGINNING IN STATE FISCAL YEAR TWO THOUSAND  NINETEEN--TWO  THOU-
 SAND  TWENTY AND THEREAFTER, THE STATE SHALL APPROPRIATE AND MAKE AVAIL-
 ABLE GENERAL FUND OPERATING SUPPORT AND FRINGE BENEFITS, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03117-07-8

 A. 10620                            2
 
 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, AND ANY INCREASE IN THE TUITION
 CREDIT  PURSUANT  TO  SECTION SIX HUNDRED EIGHTY-NINE-A OF THIS TITLE AS
 TUITION INCREASES ARE ENACTED BY THE BOARD  OF  TRUSTEES  OF  THE  STATE
 UNIVERSITY;  PROVIDED,  HOWEVER,  THAT IF THE GOVERNOR 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 AT THE STATE UNIVERSITY AND CITY UNIVERSITY MAY BE REDUCED IN A
 MANNER  PROPORTIONATE  TO ONE ANOTHER, AND THE AFOREMENTIONED PROVISIONS
 SHALL NOT APPLY; PROVIDED FURTHER, THE STATE SHALL APPROPRIATE AND  MAKE
 AVAILABLE GENERAL FUND SUPPORT TO FULLY FUND THE TUITION CREDIT PURSUANT
 TO SUBDIVISION TWO OF SECTION SIX HUNDRED SIXTY-NINE-H OF THIS TITLE.
   (VII)  For  the  state university fiscal years commencing two thousand
 eleven--two thousand twelve and ending two thousand  fifteen--two  thou-
 sand  sixteen,  each  university  center  may set aside a portion of its
 tuition revenues derived from tuition  increases  to  provide  increased
 financial  aid  for New York state resident undergraduate students whose
 net taxable income is eighty thousand dollars or  more  subject  to  the
 approval  of  a NY-SUNY 2020 proposal by the governor and the chancellor
 of the state university of New York. Nothing in this paragraph shall  be
 construed  as  to  authorize  that  students whose net taxable income is
 eighty thousand dollars or more  are  eligible  for  tuition  assistance
 program  awards  pursuant  to  section  six  hundred sixty-seven of this
 [chapter] TITLE.
   § 2. Subparagraph (v) of paragraph (a) of  subdivision  7  of  section
 6206  of the education law, as amended by section 2 of part JJJ of chap-
 ter 59 of the laws of 2017, is amended and a new  subparagraph  (vi)  is
 added to read as follows:
   (v)  Beginning  in state fiscal year two thousand seventeen--two thou-
 sand eighteen and ending in state  fiscal  year  two  thousand  [twenty]
 EIGHTEEN--two  thousand [twenty-one] NINETEEN, the state shall appropri-
 ate and make available general fund operating support, including  fringe
 benefits,  for the city 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  propor-
 tionate  to  one  another,  and  the aforementioned provisions shall not
 apply; provided further, the state shall appropriate and make  available
 general fund support to fully fund the tuition credit pursuant to subdi-
 vision two of section six hundred sixty-nine-h of this chapter.
   (VI)  BEGINNING  IN STATE FISCAL YEAR TWO THOUSAND NINETEEN--TWO THOU-
 SAND TWENTY AND THEREAFTER, THE STATE SHALL APPROPRIATE AND MAKE  AVAIL-
 ABLE  GENERAL  FUND  OPERATING SUPPORT AND FRINGE BENEFITS, FOR THE CITY
 UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNTS  SEPARATELY  APPROPRI-
 ATED  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, AND ANY INCREASE IN
 THE TUITION CREDIT PURSUANT TO SECTION SIX HUNDRED EIGHTY-NINE-A OF THIS

 A. 10620                            3
 
 CHAPTER AS TUITION INCREASES ARE ENACTED BY THE BOARD OF TRUSTEES OF THE
 STATE UNIVERSITY; PROVIDED, HOWEVER, THAT IF  THE  GOVERNOR  DECLARES  A
 FISCAL EMERGENCY, AND COMMUNICATES SUCH EMERGENCY TO THE TEMPORARY PRES-
 IDENT  OF  THE SENATE AND THE 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; PROVIDED FURTHER, THE STATE SHALL APPROPRI-
 ATE AND MAKE AVAILABLE GENERAL FUND SUPPORT TO FULLY  FUND  THE  TUITION
 CREDIT  PURSUANT  TO SUBDIVISION TWO OF SECTION SIX HUNDRED SIXTY-NINE-H
 OF THIS CHAPTER.
   § 3. 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 not affect the  expiration  and  reversion  of  such  subparagraph
 pursuant  to  chapter  260  of  the  laws of 2011, as amended, and shall
 expire therewith; and
   (b) the amendments to paragraph (a) of subdivision 7 of  section  6206
 of  the  education  law made by section two of this act shall not affect
 the expiration and reversion of such paragraph pursuant to  chapter  260
 of the laws of 2011, as amended, and shall expire therewith.