S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1404
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by M. of A. HUNTER, LUPARDO -- read once and referred to the
   Committee on Higher Education
 
 AN ACT to amend the education law, in relation to funds concerning state
   university health care facilities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.    Subdivision 8-a of section 355 of the education law, as
 amended by section 8 of part Q of chapter 56 of the  laws  of  2013,  is
 amended to read as follows:
   8-a.  All  monies  received by state university health care facilities
 from fees, charges, and reimbursement and from all other  sources  shall
 be  credited  to  a state university health care account in a fund to be
 designated by the state comptroller. Notwithstanding  the  provision  of
 any  law,  rule  or regulation to the contrary, a portion of such monies
 credited may be transferred to a state university account  as  requested
 by  the  state  university  chancellor or his or her designee. Monies to
 establish reserves for long-term expenses  of  state  university  health
 care facilities and to fulfill obligations required for any contract for
 health  care services authorized pursuant to subdivision sixteen of this
 section may be designated by the  state  university  as  a  reserve  and
 transferred  to  a  separate contractual reserve account. The amounts in
 such accounts shall be available for use in accordance with paragraph  b
 of  subdivision four and subdivision eight of this section. Monies shall
 only be expended from the state university health care account  and  the
 contractual  reserve  account pursuant to appropriation. Notwithstanding
 any provision of this chapter, the state finance law or any other law to
 the contrary, such appropriations shall remain in full force and  effect
 for  two  years  from the effective date of the appropriation act making
 the appropriation. Monies so transferred may be returned  to  the  state
 university  health  care  account; provided, however, that funds in such
 contractual reserve account must be sufficient to meet  the  obligations
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05706-01-3
              

 A. 1404                             2
 
 of  all  such  contracts.  NOTWITHSTANDING ANY OTHER LAW, RULE, OR REGU-
 LATION TO THE CONTRARY, NO STATE AGENCY OR STATE  OFFICIAL  OR  EMPLOYEE
 ACTING  IN  THEIR  OFFICIAL  CAPACITY,  MAY TRANSFER, LOAN, OR OTHERWISE
 APPROPRIATE  ANY  INCOME OR FUNDS IMPACTING, INVOLVING, GENERATED BY, OR
 APPROPRIATED FOR ANY COMPONENT OF THE  STATE  UNIVERSITY,  OR  COMMUNITY
 COLLEGES  AS  DEFINED BY SECTION SIXTY-THREE HUNDRED ONE OF THIS CHAPTER
 OPERATING UNDER THE PROGRAM OF  THE  STATE  UNIVERSITY,  INCLUDING  SUCH
 INCOME  OR FUNDS IMPACTING, INVOLVING, GENERATED BY, OR APPROPRIATED FOR
 A STATE UNIVERSITY HEALTH CARE FACILITY, TO  THE  GENERAL  FUND  OR  ANY
 OTHER FUND OR ACCOUNT HELD WITHIN THE AUSPICES OF THE COMPTROLLER OF THE
 STATE  OF  NEW  YORK, FOR PREPAYMENT, REPAYMENT, OR OTHERWISE RECOMPENSE
 FOR DEBT SERVICE COSTS RELATED TO A STATE UNIVERSITY HEALTH CARE FACILI-
 TY. THE PROVISIONS OF THIS SUBDIVISION SHALL SUPERSEDE ANY OTHER  GENER-
 AL,  SPECIAL OR LOCAL LAW INCONSISTENT THEREWITH NOTWITHSTANDING, UNLESS
 THIS SECTION IS EXPRESSLY AND SPECIFICALLY REFERRED  TO  IN  SUCH  OTHER
 GENERAL, SPECIAL OR LOCAL LAW.
   § 2. This act shall take effect immediately.