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A10620 Summary:

BILL NOA10620
 
SAME ASSAME AS S07259-A
 
SPONSORGlick
 
COSPNSRDickens, Zebrowski, Lupardo, Barron, Cook, Gunther, Jaffee, Williams, Lifton, Englebright, Lavine, D'Urso, Abbate, Epstein, McDonald, Seawright, Rosenthal L, Blake, Gottfried, Stirpe, Crespo, Colton, Jones, Jean-Pierre, Simon, Rivera, Wallace, Niou, Arroyo, Cahill, Hooper, Ramos, Pichardo, Weprin, Ortiz
 
MLTSPNSR
 
Amd 355 & 6206, Ed L
 
Clarifies that the SUNY health science centers are included in the maintenance of effort provision pursuant to chapter 260 of the laws of 2011.
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A10620 Actions:

BILL NOA10620
 
05/09/2018referred to higher education
05/31/2018reported referred to ways and means
06/11/2018reported referred to rules
06/18/2018reported
06/18/2018rules report cal.251
06/18/2018ordered to third reading rules cal.251
06/19/2018substituted by s7259a
 S07259 AMEND=A LAVALLE
 01/05/2018REFERRED TO HIGHER EDUCATION
 01/22/2018REPORTED AND COMMITTED TO FINANCE
 04/11/2018AMEND AND RECOMMIT TO FINANCE
 04/11/2018PRINT NUMBER 7259A
 05/08/20181ST REPORT CAL.1109
 05/09/20182ND REPORT CAL.
 05/14/2018ADVANCED TO THIRD READING
 06/13/2018PASSED SENATE
 06/13/2018DELIVERED TO ASSEMBLY
 06/13/2018referred to ways and means
 06/19/2018substituted for a10620
 06/19/2018ordered to third reading rules cal.251
 06/19/2018passed assembly
 06/19/2018returned to senate
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A10620 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10620
 
SPONSOR: Glick
  TITLE OF BILL: 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   PURPOSE: To include SUNY's health care science centers in the SUNY maintenance of effort provision.   SUMMARY OF PROVISIONS: Amends section 355 and section 6206 of the education law by adding SUNY health science centers to clarify that these facilities are included in SUNY's maintenance of effort provision. This legislation also adds building rentals and fringe benefits to items that should be included in the Maintenance of Effort provision for the SUNY and CUNY systems. This bill will make the MOE permanent going forward, starting in state fiscal year 2019-2020. This also would include the TAP credit, pursuant to Education Law section 689-a, in mandatory costs that should be covered under the maintenance of effort provision.   JUSTIFICATION: State support for SUNY's health science centers as created more than 20 years ago to recognize that the State has a responsibility to at least partially compensate these hospitals for their service to indigent popu- lations and for their role in providing unique life-saving services not generally offered by private hospitals. These include burn units, serv- ing as the poison control centers and the major trauma centers for their regions, and other vital services. Moreover, they fulfill an important academic mission in producing many of the State's physicians and other medical professionals. While SUNY's hospitals are a major part of the State University and play a critical role in providing essential health care service to the State and communities they serve, the State has consistently reduced funding to these institutions over the last decade. In 2010, State support was reduced by almost 47 percent. These cuts have placed these institutions in serious financial jeopardy and have threatened their ability to carry out their health care service and academic missions. The enactment of this legislation is necessary to clarify that the Legislature intended for the health science centers to be part of the State's maintenance of effort (MOE) provision pursuant to the NY SONY 2020 legislation enacted in 2011, so that at a minimum, they will receive prior year levels of funding from the State. While this legislation will not solve the finan- cial problems of these institutions, it is desperately needed to help stop the bleeding of state disinvestment to these critical state facili- ties. This bill also clarified what is to be included in the MOE besides the SONY hospitals. It shall include collective bargaining costs including salary increments, fringe benefits and other non-personal services costs such as utility costs and other inflationary expenses incurred by the State University and the City University. When the Governor vetoed this bill in 2015, he stated that he wanted to discuss maintenance of effort in the context of the budget. In the 2016-17 enacted budget, maintenance of effort was allowed to expire at the end of the 2016-17 fiscal year. In 2017-2018 budget, the basic main- tenance of effort provisions were restored. The Legislature passed these more robust MOE measures in 2917 through both houses and this legis- lation was vetoed for a second time. The need for a comprehensive, robust maintenance of effort is vital and considering the cuts that will occur to both SUNY and CUNY, the State must provide its share of support and show its commitment to New York State Higher Education Systems.   LEGISLATIVE HISTORY: 2017 S.1596A (Veto 204); 2016 S.7648/A.10021.   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately provide 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 the expiration and reversion of such subparagraph pursuant to chap- ter 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.
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A10620 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10620
 
                   IN ASSEMBLY
 
                                       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:

     1    Section  1.  Clauses  (v) and (vi) of subparagraph 4 of paragraph h of
     2  subdivision 2 of section 355 of the education law, as amended by section
     3  1 of part JJJ of chapter 59 of the laws of 2017, are amended to read  as
     4  follows:
     5    (v)  Beginning  in state fiscal year two thousand seventeen--two thou-
     6  sand eighteen and ending in state  fiscal  year  two  thousand  [twenty]
     7  eighteen--two  thousand [twenty-one] nineteen, the state shall appropri-
     8  ate and make available general fund operating support, including  fringe
     9  benefits, for the state university in an amount not less than the amount
    10  appropriated  and  made  available  in  the  prior  state  fiscal  year;
    11  provided, however, that if the governor declares a fiscal emergency, and
    12  communicates such emergency to the temporary president of the senate and
    13  speaker of the assembly, state support for  operating  expenses  at  the
    14  state  university and city university may be reduced in a manner propor-
    15  tionate to one another, and  the  aforementioned  provisions  shall  not
    16  apply;  provided further, the state shall appropriate and make available
    17  general fund support to fully fund the tuition credit pursuant to subdi-
    18  vision two of section six hundred sixty-nine-h of this title.
    19    (vi) Beginning in state fiscal year two thousand  nineteen--two  thou-
    20  sand  twenty and thereafter, the state shall appropriate and make avail-
    21  able general fund operating support and fringe benefits, for  the  state
    22  university  and the state university health science centers in an amount
    23  not less than the amounts separately appropriated and made available  in
    24  the  prior  state fiscal year; provided, further, the state shall appro-
    25  priate and make available general fund operating support  to  cover  all
    26  mandatory  costs of the state university and the state university health
    27  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
 
     1  bargaining costs including salary increments, fringe benefits, and other
     2  non-personal  service  costs such as utility costs, building rentals and
     3  other inflationary expenses incurred by the  state  university  and  the
     4  state university health science centers, and any increase in the tuition
     5  credit  pursuant  to  section six hundred eighty-nine-a of this title as
     6  tuition increases are enacted by the board  of  trustees  of  the  state
     7  university;  provided,  however,  that if the governor declares a fiscal
     8  emergency, and communicates such emergency to the temporary president of
     9  the senate and the speaker of the assembly, state support for  operating
    10  expenses at the state university and city university may be reduced in a
    11  manner  proportionate  to one another, and the aforementioned provisions
    12  shall not apply; provided further, the state shall appropriate and  make
    13  available general fund support to fully fund the tuition credit pursuant
    14  to subdivision two of section six hundred sixty-nine-h of this title.
    15    (vii)  For  the  state university fiscal years commencing two thousand
    16  eleven--two thousand twelve and ending two thousand  fifteen--two  thou-
    17  sand  sixteen,  each  university  center  may set aside a portion of its
    18  tuition revenues derived from tuition  increases  to  provide  increased
    19  financial  aid  for New York state resident undergraduate students whose
    20  net taxable income is eighty thousand dollars or  more  subject  to  the
    21  approval  of  a NY-SUNY 2020 proposal by the governor and the chancellor
    22  of the state university of New York. Nothing in this paragraph shall  be
    23  construed  as  to  authorize  that  students whose net taxable income is
    24  eighty thousand dollars or more  are  eligible  for  tuition  assistance
    25  program  awards  pursuant  to  section  six  hundred sixty-seven of this
    26  [chapter] title.
    27    § 2. Subparagraph (v) of paragraph (a) of  subdivision  7  of  section
    28  6206  of the education law, as amended by section 2 of part JJJ of chap-
    29  ter 59 of the laws of 2017, is amended and a new  subparagraph  (vi)  is
    30  added to read as follows:
    31    (v)  Beginning  in state fiscal year two thousand seventeen--two thou-
    32  sand eighteen and ending in state  fiscal  year  two  thousand  [twenty]
    33  eighteen--two  thousand [twenty-one] nineteen, the state shall appropri-
    34  ate and make available general fund operating support, including  fringe
    35  benefits,  for the city university in an amount not less than the amount
    36  appropriated  and  made  available  in  the  prior  state  fiscal  year;
    37  provided, however, that if the governor declares a fiscal emergency, and
    38  communicates such emergency to the temporary president of the senate and
    39  speaker  of  the  assembly,  state support for operating expenses at the
    40  state university and city university may be reduced in a manner  propor-
    41  tionate  to  one  another,  and  the aforementioned provisions shall not
    42  apply; provided further, the state shall appropriate and make  available
    43  general fund support to fully fund the tuition credit pursuant to subdi-
    44  vision two of section six hundred sixty-nine-h of this chapter.
    45    (vi)  Beginning  in state fiscal year two thousand nineteen--two thou-
    46  sand twenty and thereafter, the state shall appropriate and make  avail-
    47  able  general  fund  operating support and fringe benefits, for the city
    48  university in an amount not less than the amounts  separately  appropri-
    49  ated  and  made  available  in  the  prior  state fiscal year; provided,
    50  further, the state shall appropriate and  make  available  general  fund
    51  operating  support  to cover all mandatory costs of the city university,
    52  which shall include, but not be limited to, collective bargaining  costs
    53  including  salary  increments,  fringe  benefits, and other non-personal
    54  service costs such as utility costs, building rentals and  other  infla-
    55  tionary  expenses  incurred  by the city university, and any increase in
    56  the tuition credit pursuant to section six hundred eighty-nine-a of this

        A. 10620                            3
 
     1  chapter as tuition increases are enacted by the board of trustees of the
     2  state university; provided, however, that if  the  governor  declares  a
     3  fiscal emergency, and communicates such emergency to the temporary pres-
     4  ident  of  the senate and the speaker of the assembly, state support for
     5  operating expenses at the state university and city  university  may  be
     6  reduced in a manner proportionate to one another, and the aforementioned
     7  provisions  shall not apply; provided further, the state shall appropri-
     8  ate and make available general fund support to fully  fund  the  tuition
     9  credit  pursuant  to subdivision two of section six hundred sixty-nine-h
    10  of this chapter.
    11    § 3. This act shall take effect immediately provided that:
    12    (a) the amendments to subparagraph 4 of paragraph h of  subdivision  2
    13  of  section  355  of  the  education law made by section one of this act
    14  shall not affect the  expiration  and  reversion  of  such  subparagraph
    15  pursuant  to  chapter  260  of  the  laws of 2011, as amended, and shall
    16  expire therewith; and
    17    (b) the amendments to paragraph (a) of subdivision 7 of  section  6206
    18  of  the  education  law made by section two of this act shall not affect
    19  the expiration and reversion of such paragraph pursuant to  chapter  260
    20  of the laws of 2011, as amended, and shall expire therewith.
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