S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 1596                                                   A. 934
 
                        2017-2018 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             January 10, 2017
                                ___________
 
 IN SENATE -- Introduced by Sens. LAVALLE, ORTT -- read twice and ordered
   printed,  and  when printed to be committed to the Committee on Higher
   Education
 
 IN ASSEMBLY -- 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
 EIGHTEEN--TWO  THOUSAND  NINETEEN 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03117-02-7

 S. 1596                             2                             A. 934
 
 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.
   §  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
 EIGHTEEN--TWO  THOUSAND  NINETEEN 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.
   §  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
 EIGHTEEN--TWO  THOUSAND  NINETEEN 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. 1596                             3                             A. 934

   § 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
 ELEVEN--TWO THOUSAND TWELVE. BEGINNING IN STATE FISCAL YEAR TWO THOUSAND
 EIGHTEEN--TWO  THOUSAND  NINETEEN 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.
   § 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.