Rpld Arts 125 & 125-B, S140 sub 4 a sub 2 item (iii), S239-a sub 1 c, amd Ed L, generally; amd S209, Civ Serv
L; amd S5-211, El L; amd SS169, 170-b, 310, 548-e, 950, rpld S209-p sub 4 (e), Exec L; amd SS73 & 73-a, Pub
Off L; rpld S40 sub 2 e, sub 3 a, S54 sub 6 c sub (i), sub 10 j sub (i), (k) sub (i), SS99d & 201-c, amd St
Fin L, generally; rpld S171-d sub 4 (i) sub (E), amd Tax L, generally; amd SS42, 213-a, 590, 819 & 836, Lab
L; amd S18-b, Transp L; amd SS141, 142, 144, 200, 201, 220 & 241, Ec Dev L; rpld S1676 sub 8, amd Pub Auth L,
generally; amd S810, rpld S23 sub 1 c sub 2 item (i), Gen Muni L
Transfers the powers and duties of the city university of New York to the state university of New York.
STATE OF NEW YORK
________________________________________________________________________
3174
2013-2014 Regular Sessions
IN SENATE
January 31, 2013
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Higher Education
AN ACT to amend the education law, the civil service law, the election
law, the executive law, the public officers law, the state finance
law, the tax law, the labor law, the transportation law, the economic
development law, the public authorities law, and the general municipal
law, in relation to transferring the powers and duties of the city
university of New York to the state university of New York and to
repeal certain provisions of the education law, the tax law, the exec-
utive law, the state finance law, the general municipal law and the
public authorities law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The education law is amended by adding a new section 352-b
2 to read as follows:
3 § 352-b. Transfer of powers and duties of the city university of New
4 York. 1. The functions and powers possessed by and all of the obli-
5 gations and duties of the city university of New York, as established
6 pursuant to former article one hundred twenty-five of this chapter,
7 shall be transferred and assigned to, and assumed by and devolved upon,
8 the state university of New York.
9 2. All employees of the city university of New York shall be trans-
10 ferred to the state university of New York. This transfer of employees
11 shall be deemed to be a transfer of function pursuant to subdivision two
12 of section seventy of the civil service law. Officers and employees of
13 the city university of New York shall be transferred without further
14 examination or qualification, and shall retain their respective civil
15 service classification, status and bargaining unit representation.
16 3. Upon the transfer pursuant to this section of the functions and
17 powers possessed by and all of the obligations and duties of the city
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07081-01-3
S. 3174 2
1 university of New York, as established pursuant to this chapter shall be
2 abolished.
3 4. Except as herein otherwise provided, upon the transfer pursuant to
4 this section of the functions and powers possessed by, and all of the
5 obligations and duties of, the city university of New York as estab-
6 lished pursuant to former article one hundred twenty-five of this chap-
7 ter, to the state university of New York as prescribed by this section,
8 for the purpose of succession all functions, powers, duties and obli-
9 gations of the city university of New York shall be deemed and be held
10 to constitute the continuation of such functions, powers, duties and
11 obligations and not those of a different department.
12 5. Upon the transfer pursuant to this section of the functions and
13 powers possessed by and all of the obligations and duties of the city
14 university of New York as established pursuant to former article one
15 hundred twenty-five of this chapter, to the state university of New York
16 as prescribed by this section, all books, papers, records and property
17 pertaining to the city university of New York shall be transferred to
18 and maintained by the state university of New York, as appropriate.
19 6. Upon the transfer pursuant to this section of the functions and
20 powers possessed by and all of the obligations and duties of the city
21 university of New York as established pursuant to former article one
22 hundred twenty-five of this chapter, to the state university of New York
23 as prescribed by this section, any business or other matter undertaken
24 or commenced by the city university of New York pertaining to or
25 connected with the functions, powers, obligations and duties so trans-
26 ferred and assigned to the state university of New York may be conducted
27 or completed by the state university of New York, as appropriate.
28 7. Terms occurring in laws, contracts or other documents of or
29 pertaining to the city university of New York. Upon the transfer pursu-
30 ant to this section of the functions and powers possessed by and all of
31 the obligations and duties of the city university of New York as estab-
32 lished pursuant to former article one hundred twenty-five of this chap-
33 ter, as prescribed by this section, whenever the city university of New
34 York and the board of trustees thereof, the functions, powers, obli-
35 gations and duties of which are transferred to the state university of
36 New York, are referred to or designated in any law, regulation, contract
37 or document pertaining to the functions, powers, obligations and duties
38 transferred and assigned pursuant to this section, such reference or
39 designation shall be deemed to refer to the state university of New York
40 and its board of trustees.
41 8. Upon the transfer pursuant to this section of the functions and
42 powers possessed by and all of the obligations and duties of the city
43 university as established pursuant to former article one hundred twen-
44 ty-five of this chapter, to the state university of New York as
45 prescribed by this section, no existing right or remedy of the state,
46 including the city university of New York, shall be lost, impaired or
47 affected by reason of this section.
48 9. (a) Wherever the term "city university" appears in the consolidated
49 or unconsolidated laws of this state other than the state technology
50 law, such term is hereby changed, where appropriate, to "state universi-
51 ty".
52 (b) The legislative bill drafting commission is hereby directed to
53 effectuate this provision, and shall be guided by a memorandum of
54 instruction setting forth the specific provisions of law to be amended.
55 Such memorandum shall be transmitted to the legislative bill drafting
56 commission within sixty days of enactment of this provision. Such memo-
S. 3174 3
1 randum shall be issued jointly by the governor, the temporary president
2 of the senate and the speaker of the assembly, or by the delegate of
3 each.
4 10. Upon the transfer pursuant to this section of the functions and
5 powers possessed by and all of the obligations and duties of the city
6 university of New York as established pursuant to former article one
7 hundred twenty-five of this chapter, to the state university of New York
8 as prescribed by this section, no action or proceeding pending on the
9 effective date of this section, brought by or against the city universi-
10 ty of New York or the board of trustees thereof shall be affected by any
11 provision of this section, but the same may be prosecuted or defended in
12 the name of the state university of New York. In all such actions and
13 proceedings, the state university of New York, upon application to the
14 court, shall be substituted as a party.
15 11. Upon the transfer pursuant to this section of the functions and
16 powers possessed by and all the obligations and duties of the city
17 university of New York as established pursuant to this chapter, to the
18 state university of New York as prescribed by this section, all rules,
19 regulations, acts, orders, determinations, decisions, of the city
20 university of New York pertaining to the functions transferred and
21 assigned by this section to the state university of New York in force at
22 the time of such transfer, assignment, assumption or devolution shall
23 continue in force and effect as rules, regulations, acts, determinations
24 and decisions of the state university of New York until duly modified or
25 repealed.
26 12. Upon the transfer pursuant to this section of the functions and
27 powers possessed by and all of the obligations and duties of the city
28 university of New York as established pursuant to this chapter, to the
29 state university of New York as prescribed by this section, all appro-
30 priations and reappropriations which shall have been made available as
31 of the date of such transfer to the city university of New York or
32 segregated pursuant to law, to the extent of remaining unexpended or
33 unencumbered balances thereof, whether allocated or unallocated and
34 whether obligated or unobligated, shall be transferred to and made
35 available for use and expenditure by the state university of New York.
36 Payments of liabilities for expenses of personnel services, maintenance
37 and operation which shall have been incurred as of the date of such
38 transfer by the city university of New York, and for liabilities
39 incurred and to be incurred in completing its affairs shall also be
40 made.
41 § 2. Article 125 of the education law is REPEALED.
42 § 3. Article 125-B of the education law is REPEALED.
43 § 4. Paragraph (f) of subdivision 3 of section 209 of the civil
44 service law, as amended by chapter 216 of the laws of 1977, is amended
45 to read as follows:
46 (f) where the public employer is a school district, a board of cooper-
47 ative educational services, a community college, or the state university
48 of New York, [or the city university of New York,] the provisions of
49 subparagraphs (iii) and (iv) of paragraph (e) of this subdivision shall
50 not apply, and (i) the board may afford the parties an opportunity to
51 explain their positions with respect to the report of the fact-finding
52 board at a meeting at which the legislative body, or a duly authorized
53 committee thereof, may be present; (ii) thereafter, the legislative body
54 may take such action as is necessary and appropriate to reach an agree-
55 ment. The board may provide such assistance as may be appropriate.
S. 3174 4
1 § 5. The opening paragraph of section 5-211 of the election law, as
2 amended by chapter 200 of the laws of 1996, is amended to read as
3 follows:
4 Each agency designated as a participating agency under the provisions
5 of this section shall implement and administer a program of distribution
6 of voter registration forms pursuant to the provisions of this section.
7 The following offices which provide public assistance and/or provide
8 state funded programs primarily engaged in providing services to persons
9 with disabilities are hereby designated as voter registration agencies:
10 designated as the state agencies which provide public assistance are the
11 department of social services and the department of health. Also desig-
12 nated as public assistance agencies are all agencies of local government
13 that provide such assistance. Designated as state agencies that provide
14 programs primarily engaged in providing services to people with disabil-
15 ities are the department of labor, office for the aging, division of
16 veterans' affairs, office of mental health, office of vocational and
17 educational services for individuals with disabilities, commission on
18 quality of care for the mentally disabled, office [of mental retardation
19 and] for people with developmental disabilities, commission for the
20 blind and visually handicapped, office of alcoholism and substance abuse
21 services, the office of the advocate for the disabled and all offices
22 which administer programs established or funded by such agencies. Addi-
23 tional state agencies designated as voter registration offices are the
24 department of state and the division of workers' compensation. Such
25 agencies shall be required to offer voter registration forms to persons
26 upon initial application for services, renewal or recertification for
27 services and change of address relating to such services. Such agencies
28 shall also be responsible for providing assistance to applicants in
29 completing voter registration forms, receiving and transmitting the
30 completed application form from all applicants who wish to have such
31 form transmitted to the appropriate board of elections. The state board
32 of elections shall, together with representatives of the department of
33 defense, develop and implement procedures for including recruitment
34 offices of the armed forces of the United States as voter registration
35 offices when such offices are so designated by federal law. The state
36 board shall also make request of the United States Immigration and
37 Naturalization Service to include applications for registration by mail
38 with any materials which are given to new citizens. All institutions of
39 the state university of New York [and the city university of New York,]
40 shall, at the beginning of the school year, and again in January of a
41 year in which the president of the United States is to be elected,
42 provide an application for registration to each student in each such
43 institution. The state board of elections may, by regulation, grant a
44 waiver from any or all of the requirements of this section to any office
45 or program of an agency, if it determines that it is not feasible for
46 such office or program to administer such requirement.
47 § 6. Subdivision 3 of section 169 of the executive law, as added by
48 chapter 263 of the laws of 1987, is amended to read as follows:
49 3. Notwithstanding any other provision of this section or any other
50 provision of law, the [boards] board of trustees of the state university
51 of New York [and the city university of New York] shall [each] establish
52 and implement salary plans for the chancellors, presidents and senior
53 staffs of such state [and city universities, respectively] university.
54 The board of regents shall establish and implement a separate salary
55 plan for the president of the university of the state of New York,
56 setting forth the compensation to be received by the president for
S. 3174 5
1 performing the duties of that office assigned by the rules of the
2 regents or statute, which shall be in addition to the compensation
3 received by such person pursuant to the provisions of subdivisions one
4 and two of this section. Such salary plans shall be developed after
5 consultation with the governor's office of employee relations and the
6 division of the budget. Any increase in compensation for the positions
7 set forth in this subdivision, not otherwise funded from any appropri-
8 ation, shall be funded from reallocations of funds within the appropri-
9 ations specifically identified by the aforementioned [boards] board.
10 [Each] Such board of trustees and the board of regents shall file a
11 proposed salary plan report with the chairs of the senate finance
12 committee and the assembly ways and means committee and the director of
13 the budget at least sixty days prior to the effective date of such sala-
14 ry plan. [Each] Such salary plan report shall set forth the salary
15 schedule, the dollar value of additional public compensation and other
16 employment benefits that such positions would receive, the specific
17 sources of funding to be reallocated for salary increases, the amount of
18 increase to be provided to each position, the comparison salary data on
19 which the plan is based, and such other information as the [boards]
20 board of trustees and the board of regents deem appropriate.
21 § 7. Subdivision 2 of section 170-b of the executive law, as added by
22 chapter 63 of the laws of 2009, is amended to read as follows:
23 2. For purposes of this section, the term "state agency" shall mean
24 any state department, state university of New York, [city university of
25 New York,] authority, board, bureau, division, commission, committee,
26 council, office or other governmental entity performing a governmental
27 or proprietary function for the state.
28 § 8. Paragraph (e) of subdivision 4 of section 209-p of the executive
29 law is REPEALED.
30 § 9. Subparagraph (iii) of paragraph (a) of subdivision 11 of section
31 310 of the executive law, as added by chapter 261 of the laws of 1988,
32 is amended to read as follows:
33 (iii) the state university of New York [and the city university of New
34 York], including all [their] its constituent units except community
35 colleges and the independent institutions operating statutory or
36 contract colleges on behalf of the state, or
37 § 10. Subdivision 1 of section 548-e of the executive law, as added
38 by chapter 657 of the laws of 1990, is amended to read as follows:
39 1. Establishment. A neighborhood based initiatives oversight commit-
40 tee shall be established to oversee the implementation of the provisions
41 of this article and shall consist of representatives of the following
42 agencies or their designees, with the commissioner of the department or
43 his or her designee serving as chairperson: the state advocate for the
44 disabled; the director of the office for the aging; the director of the
45 division of alcoholism and alcohol abuse; the executive director of the
46 council on children and families; [the chancellor of the city university
47 of New York;] the executive director of the developmental disabilities
48 action planning council; the director of the budget; the commissioner of
49 economic development; the commissioner of education; the commissioner of
50 health; the commissioner of housing and community renewal; the commis-
51 sioner of labor; the commissioner of mental health; the commissioner of
52 [mental retardation and] developmental disabilities; the commissioner of
53 parks, recreation and historic preservation; the chancellor of the state
54 university of New York; the director of the division of substance abuse
55 services; the director of the division for youth; the director of the
56 division for women; and the department of audit and control.
S. 3174 6
1 § 11. Subdivision 3 of section 950 of the executive law, as added by
2 chapter 510 of the laws of 1999, is amended to read as follows:
3 3. "State agency". Any state department, state university of New York,
4 [city university of New York,] board, bureau, division, commission,
5 committee, council, office or other governmental entity performing a
6 governmental or proprietary function for the state, or any combination
7 thereof as provided in subdivision two of section nine hundred fifty-one
8 of this article, except any public authority or public benefit corpo-
9 ration, the judiciary or the state legislature.
10 § 12. Paragraph (g) of subdivision 1 of section 73 of the public
11 officers law, as amended by chapter 283 of the laws of 1996, is amended
12 to read as follows:
13 (g) The term "state agency" shall mean any state department, or divi-
14 sion, board, commission, or bureau of any state department, any public
15 benefit corporation, public authority or commission at least one of
16 whose members is appointed by the governor, or the state university of
17 New York [or the city university of New York], including all [their] its
18 constituent units except community colleges of the state university of
19 New York and the independent institutions operating statutory or
20 contract colleges on behalf of the state.
21 § 13. Paragraph (b) of subdivision 1 of section 73-a of the public
22 officers law, as amended by section 5 of part A of chapter 399 of the
23 laws of 2011, is amended to read as follows:
24 (b) The term "state agency" shall mean any state department, or divi-
25 sion, board, commission, or bureau of any state department, any public
26 benefit corporation, public authority or commission at least one of
27 whose members is appointed by the governor, or the state university of
28 New York [or the city university of New York], including all [their] its
29 constituent units except community colleges of the state university of
30 New York and the independent institutions operating statutory or
31 contract colleges on behalf of the state.
32 § 14. Subdivision 18 of section 2 of the state finance law, as added
33 by chapter 577 of the laws of 1988, is amended to read as follows:
34 18. "Financed equipment acquisition". Personal property acquired or to
35 be acquired by any state department and agency or unit of the state
36 university [or city university of New York] through (i) lease purchase
37 or installment purchase agreements financed or to be financed by certif-
38 icates of participation sold pursuant to article five-A of this chapter
39 or (ii) other lease purchase or installment purchase agreements.
40 § 15. Subdivision 3 of section 2-a of the state finance law, as added
41 by chapter 510 of the laws of 1999, is amended to read as follows:
42 3. "State agency". Any state department, state university of New York,
43 [city university of New York,] board, bureau, division, commission,
44 committee, council, office or other governmental entity performing a
45 governmental or proprietary function for the state, or any combination
46 thereof as provided in subdivision two of section nine hundred fifty-one
47 of the executive law, except any public authority or public benefit
48 corporation, the judiciary or the state legislature.
49 § 16. Section 17 of the state finance law, as added by chapter 577 of
50 the laws of 1988, is amended to read as follows:
51 § 17. Reports on financed equipment acquisitions. Within thirty days
52 following the close of each calendar quarter, beginning with the calen-
53 dar quarter ending on December thirty-first, nineteen hundred eighty-
54 eight, the director of the budget shall, to the extent practicable,
55 provide a report to the chairs of the senate finance committee and the
56 assembly ways and means committee showing expenditures for lease
S. 3174 7
1 purchase and installment purchase payments made by or on behalf of any
2 state department and agency or any unit of the state university [or city
3 university of New York] for financed equipment acquisitions during the
4 preceding calendar quarter. Such reports shall be organized by agency,
5 program, fund, and appropriation. State departments and agencies and
6 units of the state university [and the city university of New York], the
7 state comptroller, and the commissioner of the office of general
8 services shall assist the director in obtaining the information neces-
9 sary to produce such reports.
10 § 17. The opening paragraph of subdivision 8 of section 22 of the
11 state finance law, as amended by chapter 762 of the laws of 1992 and
12 renumbered by section 2 of part F of chapter 389 of the laws of 1997, is
13 amended to read as follows:
14 Within ten days following the submission of the budget by the gover-
15 nor, the director of the budget shall transmit to the chairs of the
16 senate finance committee and the assembly ways and means committee a
17 report, by agency, program, and fund, including but not limited to, the
18 following information pertaining to financed equipment acquisitions for
19 state departments, agencies and units of the state university [and the
20 city university of New York] including those financed equipment acquisi-
21 tions financed by the issuance of certificates of participation or simi-
22 lar instruments for state departments, agencies and units of the state
23 [and city universities] university of New York:
24 § 18. Paragraph e of subdivision 2 and paragraph a of subdivision 3 of
25 section 40 of the state finance law are REPEALED.
26 § 19. Subparagraph (i) of paragraph c of subdivision 6, subparagraph
27 (i) of paragraph j and subparagraph (i) of paragraph k of subdivision 10
28 of section 54 of the state finance law, are REPEALED.
29 § 20. Subdivisions 1 and 3 of section 66-a of the state finance law,
30 as amended by chapter 539 of the laws of 1989, are amended to read as
31 follows:
32 1. No person, partnership, corporation or other legal entity nor any
33 state officer, employee, agency, department, [the city university of New
34 York,] the legislature or the judiciary shall issue certificates of
35 participation or similar instruments representing the right to receive a
36 proportionate share in lease, installment or other periodic payments to
37 be made by any state department, agency or the city university of New
38 York except in accordance with the provisions of this article and with
39 the express written approval of the state comptroller. The provisions of
40 this section are hereby made a part of every purchase contract entered
41 into by such a state entity providing for periodic payments by any state
42 department, or agency [or the city university of New York]. Every such
43 contract shall contain a clause expressly reciting the provisions of
44 this subdivision, provided, however, that the absence of such clause in
45 such a contract shall not obviate the duty of all parties thereto to
46 comply with the provisions of this subdivision. Neither this provision,
47 nor any other provision of this article shall be construed to prevent
48 such state entities from entering into installment purchase or lease
49 purchase agreements funded without the use of certificates of partic-
50 ipation or similar instruments.
51 3. No state officer, employee, department, or agency [or the city
52 university of New York] shall enter into any agreement in connection
53 with the issuance of certificates of participation which requires any
54 payment by the state to the trustee, on behalf of holders of such
55 certificates, during the month of April of any year.
S. 3174 8
1 § 21. Subdivisions 1 and 4 of section 66-b of the state finance law,
2 subdivision 1 as amended by chapter 219 of the laws of 1999 and subdivi-
3 sion 4 as amended by section 41 of part BB of chapter 58 of the laws of
4 2011, are amended to read as follows:
5 1. The director of the budget shall determine whether the use of
6 certificates of participation to finance and/or to refinance installment
7 purchase or lease purchase contracts entered into by state departments,
8 or agencies [or the city university of New York] is financially desira-
9 ble and in the best interest of the state. Upon notice of such a deter-
10 mination the state comptroller is authorized, pursuant to a request for
11 proposals, competitive bidding or negotiated placement, to cause to be
12 issued certificates of participation or similar instruments that repre-
13 sent undivided proportionate interests in periodic payments due from the
14 state to fund installment purchase or lease purchase contracts entered
15 into, or expected to be entered into, by the state departments, agen-
16 cies, [the city university of New York,] or any combination thereof,
17 pursuant to the provisions of this article. The state comptroller shall
18 issue regulations to govern the procedure he shall follow in any sale
19 conducted pursuant to this section of such certificates. Such regu-
20 lations shall, in the case of all sales, require that notice be
21 published in a definitive trade publication of the municipal bond indus-
22 try published on each business day in the state of New York, which is
23 generally available to participants in the municipal bond industry,
24 which notice shall state the terms of the sale. The proceeds from the
25 issuance of such certificates may also be used for the establishment of
26 reserve funds to secure such certificates, the cost or premium of
27 letters of credit, insurance or other credit enhancements, the cost of
28 bond counsel, financial advisor, trustees and paying agent, and such
29 other related expenses as may be necessary for the issuance of such
30 certificates. The foregoing shall not be construed to authorize the use
31 of such proceeds for the payment of personal service expenses of state
32 departments, or agencies [or the city university of New York], other
33 than payments made to the department of law for legal services rendered.
34 4. Subject to the provisions of chapter fifty-nine of the laws of two
35 thousand, but notwithstanding any other provisions of law to the contra-
36 ry, the maximum amount of certificates of participation or similar
37 instruments representing periodic payments due from the state of New
38 York, issued on behalf of state departments and agencies[, the city
39 university of New York] and any other state entity otherwise specified
40 after March thirty-first, two thousand three shall be seven hundred
41 eighty-four million two hundred eighty-five thousand dollars. Such
42 amount shall be exclusive of certificates of participation or similar
43 instruments issued to fund a reserve fund or funds, costs of issuance
44 and to refund outstanding certificates of participation.
45 § 22. Section 66-d of the state finance law, as added by chapter 583
46 of the laws of 1986, subdivisions 1 and 2 as amended by chapter 539 of
47 the laws of 1989, and subdivision 3 as amended by chapter 577 of the
48 laws of 1988, is amended to read as follows:
49 § 66-d. Annual ceiling on certificates of participation. 1. The gover-
50 nor shall include in the bills which he submits in connection with the
51 executive budget his recommendation as to the total maximum amount of
52 certificates of participation to be issued for purchases of personal
53 property by state departments, and agencies[, and the city university of
54 New York] pursuant to this article during the upcoming fiscal year,
55 exclusive of refunding and, in addition, a list of real property
56 projects of state departments, and agencies [and the city university of
S. 3174 9
1 New York] contemplated to be financed through the use of certificates of
2 participation.
3 2. The maximum amount of certificates of participation or similar
4 instruments representing periodic payments due from the state of New
5 York issued for state departments, and agencies [and the city university
6 of New York] within a fiscal year shall not exceed the maximum principal
7 amount authorized in the budget enacted into law for such fiscal year,
8 or in any other law as amended from time to time.
9 3. Certificates of participation issued to refund or advance refund
10 prior issues of certificates of participation or similar instruments
11 including certificates of participation issued pursuant to section
12 sixty-six-b of this article and certificates of participation issued
13 before July twenty-fourth, nineteen hundred eighty-six, representing the
14 right to receive a proportionate share in lease, installment or other
15 periodic payments to be made by any state department, agency or unit of
16 the state university [or the city university] of New York shall not
17 count against the above ceilings, provided that the state comptroller
18 determines that there will be a savings to the state on total periodic
19 payments on a present value basis as a result of the refunding trans-
20 action.
21 § 23. Section 66-f of the state finance law, as amended by chapter 539
22 of the laws of 1989, is amended to read as follows:
23 § 66-f. Certain interagency transfers authorized. The director of the
24 budget may, if necessary, authorize the transfer of monies from one
25 state department, or agency [or the city university of New York] to pay
26 for installment purchases or lease purchases made on its behalf, to
27 another state department, or agency [or the city university of New York]
28 under a multi-agency installment purchase contract financed through the
29 issuance of certificates of participation or similar instruments, but in
30 no case shall the aggregate of state payments exceed the total amount
31 actually appropriated for the underlying installment purchase obli-
32 gations. The director of the budget shall file his approval of a certif-
33 icate of allocation for such a transfer with the state comptroller and
34 the chairs of the senate finance committee and the assembly ways and
35 means committee.
36 § 24. Section 66-j of the state finance law, as amended by chapter 219
37 of the laws of 1999, is amended to read as follows:
38 § 66-j. Annual report. On or before February fifteenth of each fiscal
39 year, beginning with the nineteen hundred eighty-eight--eighty-nine
40 fiscal year and ending with the nineteen hundred ninety-seven--ninety-
41 eight fiscal year, and on or before February fifteenth and June
42 fifteenth of each fiscal year, beginning with the nineteen hundred nine-
43 ty-eight--ninety-nine fiscal year, the state comptroller shall submit an
44 annual report to the director of the budget and the chairs of the senate
45 finance committee and the assembly ways and means committee regarding
46 the issuance of certificates of participation issued under this article.
47 Such report shall include a summary statement of the aggregate amount of
48 certificates of participation issued under this article. Such report
49 shall also include, but not be limited to, specific detail pertaining to
50 each issuance, including the state department, agency, or unit of the
51 state university [or city university] of New York which entered into
52 lease or installment purchases funded through the use of certificates of
53 participation, including each issuance for the legislature or the judi-
54 ciary, the amounts, purposes, and financing terms and payment schedule
55 of each issuance, as well as any other matter which the comptroller
56 deems advisable.
S. 3174 10
1 § 25. Subdivision 1 of section 66-k of the state finance law, as
2 amended by chapter 539 of the laws of 1989, is amended to read as
3 follows:
4 1. This section shall not apply to appropriations made to units of
5 the state university [or the city university] of New York.
6 § 26. Section 92-ee of the state finance law, as added by section 1 of
7 part LL of chapter 57 of the laws of 2008, is amended to read as
8 follows:
9 § 92-ee. New York state higher education endowment. There is hereby
10 established in the custody of the comptroller a fund to be known as the
11 New York state higher education endowment. Notwithstanding any other
12 provision of law, all of the assets and income of the endowment shall be
13 held and invested by the comptroller as trustee of such endowment,
14 except such income as may be allocated or distributed by the comptroller
15 pursuant to appropriation. The endowment shall consist of amounts trans-
16 ferred into such endowment, and any other amounts as may be deposited in
17 the endowment from other public or private sources. Amounts transferred
18 to or deposited into the endowment shall be dedicated to [the city
19 university of New York and] the state university of New York, and shall
20 be used for no other purpose and distributions from the endowment shall
21 be used to supplement, rather than supplant, appropriations from the
22 state in support of [the city university of New York and] the state
23 university of New York. The full amount of the principal of the endow-
24 ment shall be preserved and annual payments shall be made from the
25 investment earnings of the endowment in support of [the city university
26 of New York and] the state university of New York, to provide funding
27 for purposes including, but not limited to, employment of additional
28 full-time faculty members, student financial aid to improve access,
29 grants for research and development, and for additional higher education
30 purposes as may be authorized.
31 § 27. Section 99-d of the state finance law, as added by chapter 309
32 of the laws of 1996, is REPEALED.
33 § 28. Subdivision 9 of section 160 of the state finance law, as
34 amended by chapter 106 of the laws of 2012, is amended to read as
35 follows:
36 9. "State agency" or "state agencies" means all state departments,
37 boards, commissions, offices or institutions but excludes, however, for
38 the purposes of subdivision five of section three hundred fifty-five of
39 the education law, the state university of New York [and excludes, for
40 the purposes of subdivision a of section sixty-two hundred eighteen of
41 the education law, the city university of New York]; provided, however,
42 that the state university of New York [and the city university of New
43 York] shall be subject to the provisions of section one hundred sixty-
44 five-a of this article. Furthermore, such term shall not include the
45 legislature or the judiciary.
46 § 29. The opening paragraph and the opening paragraph of paragraph a
47 of subdivision 7 of section 165 of the state finance law, as amended by
48 chapter 562 of the laws of 2003, is amended to read as follows:
49 Special provisions regarding the purchasing of apparel or sports
50 equipment by the state university of New York [and the city university
51 of New York].
52 Notwithstanding any other provision of law, the various units of the
53 state university of New York[, the city university of New York] and
54 community colleges shall have authority to:
S. 3174 11
1 § 30. Paragraph b of subdivision 1 of section 166 of the state finance
2 law, as amended by section 31 of part RR of chapter 57 of the laws of
3 2008, is amended to read as follows:
4 b. Notwithstanding the provisions of paragraph a of this subdivision,
5 which shall not apply to financed equipment acquisitions for units of
6 the state university [and city university] of New York, no financed
7 equipment acquisition may be approved by the state comptroller for such
8 units until the director of the budget has determined whether such
9 financed equipment acquisition shall be financed by certificates of
10 participation pursuant to section sixty-six-b of this chapter. The
11 director of the budget shall make such determination no later than thir-
12 ty days following the submission of documentation, satisfactory to the
13 director from the state university [or city university] of New York. If
14 within such period of time the director does not indicate that such
15 financed equipment acquisition shall be financed by certificates of
16 participation, the state university [or city university] of New York may
17 proceed with a financed equipment acquisition in accordance with any
18 other applicable provision of law. The board of trustees of the [city
19 university of New York and the board of trustees of the] state universi-
20 ty of New York shall [each] promulgate regulations in consultation with
21 the comptroller and subject to the approval of the director of the budg-
22 et regarding the circumstances under which units of [the respective
23 universities] such university may use certificates of participation or
24 other financed equipment acquisitions. Such regulations shall include
25 but not be limited to: the establishment of minimum finance acquisition
26 cost; restrictions on the use of certificates of participation; and
27 annual ceilings on financed equipment acquisitions. [Each] Such board
28 shall file copies of its regulations with the director of the budget,
29 the comptroller, and the chairs of the senate finance committee and the
30 assembly ways and means committee.
31 § 31. Subdivision 9 of section 179-e of the state finance law, as
32 added by chapter 153 of the laws of 1984, is amended to read as follows:
33 9. "State agency" means any department, board, bureau, commission,
34 division, office, council, institution, or committee in the executive,
35 legislative, or judicial branches of state government; [the city univer-
36 sity of New York when acting on behalf of any of its senior colleges;]
37 the facilities development corporation; or the state university
38 construction fund.
39 § 32. Clause (i) of subparagraph 1 of paragraph (b) of subdivision 2-a
40 of section 200 of the state finance law, as added by chapter 947 of the
41 laws of 1990, is amended to read as follows:
42 (i) officers and employees of the executive branch (including the
43 state university [and the senior colleges of the city university of New
44 York)];
45 § 33. Section 201-c of the state finance law is REPEALED.
46 § 34. Subdivision 1 of section 171-a of the tax law, as amended by
47 section 1 of part R of chapter 60 of the laws of 2004, is amended to
48 read as follows:
49 1. All taxes, interest, penalties and fees collected or received by
50 the commissioner or the commissioner's duly authorized agent under arti-
51 cles nine (except section one hundred eighty-two-a thereof and except as
52 otherwise provided in section two hundred five thereof), nine-A,
53 twelve-A (except as otherwise provided in section two hundred eighty-
54 four-d thereof), thirteen, thirteen-A (except as otherwise provided in
55 section three hundred twelve thereof), eighteen, nineteen, twenty
56 (except as otherwise provided in section four hundred eighty-two there-
S. 3174 12
1 of), twenty-one, twenty-two, twenty-six, twenty-six-B, twenty-eight
2 (except as otherwise provided in section eleven hundred two or eleven
3 hundred three thereof), twenty-eight-A, thirty-one (except as otherwise
4 provided in section fourteen hundred twenty-one thereof), thirty-two,
5 thirty-three and thirty-three-A of this chapter shall be deposited daily
6 in one account with such responsible banks, banking houses or trust
7 companies as may be designated by the comptroller, to the credit of the
8 comptroller. Such an account may be established in one or more of such
9 depositories. Such deposits shall be kept separate and apart from all
10 other money in the possession of the comptroller. The comptroller shall
11 require adequate security from all such depositories. Of the total
12 revenue collected or received under such articles of this chapter, the
13 comptroller shall retain in the comptroller's hands such amount as the
14 commissioner may determine to be necessary for refunds or reimbursements
15 under such articles of this chapter [and article ten thereof] out of
16 which amount the comptroller shall pay any refunds or reimbursements to
17 which taxpayers shall be entitled under the provisions of such articles
18 of this chapter [and article ten thereof]. The commissioner and the
19 comptroller shall maintain a system of accounts showing the amount of
20 revenue collected or received from each of the taxes imposed by such
21 articles. The comptroller, after reserving the amount to pay such
22 refunds or reimbursements, shall, on or before the tenth day of each
23 month, pay into the state treasury to the credit of the general fund all
24 revenue deposited under this section during the preceding calendar month
25 and remaining to the comptroller's credit on the last day of such
26 preceding month, (i) except that the comptroller shall pay to the state
27 department of social services that amount of overpayments of tax imposed
28 by article twenty-two of this chapter and the interest on such amount
29 which is certified to the comptroller by the commissioner as the amount
30 to be credited against past-due support pursuant to subdivision six of
31 section one hundred seventy-one-c of this chapter, (ii) and except that
32 the comptroller shall pay to the New York state higher education
33 services corporation and the state university of New York [or the city
34 university of New York respectively] that amount of overpayments of tax
35 imposed by article twenty-two of this chapter and the interest on such
36 amount which is certified to the comptroller by the commissioner as the
37 amount to be credited against the amount of defaults in repayment of
38 guaranteed student loans and state university loans [or city university
39 loans] pursuant to subdivision five of section one hundred seventy-one-d
40 and subdivision six of section one hundred seventy-one-e of this chap-
41 ter, (iii) and except further that, notwithstanding any law, the comp-
42 troller shall credit to the revenue arrearage account, pursuant to
43 section ninety-one-a of the state finance law, that amount of overpay-
44 ment of tax imposed by article nine, nine-A, twenty-two, thirty, thir-
45 ty-A, thirty-B, thirty-two or thirty-three of this chapter, and any
46 interest thereon, which is certified to the comptroller by the commis-
47 sioner as the amount to be credited against a past-due legally enforcea-
48 ble debt owed to a state agency pursuant to paragraph (a) of subdivision
49 six of section one hundred seventy-one-f of this article, provided,
50 however, he shall credit to the special offset fiduciary account, pursu-
51 ant to section ninety-one-c of the state finance law, any such amount
52 creditable as a liability as set forth in paragraph (b) of subdivision
53 six of section one hundred seventy-one-f of this article, (iv) and
54 except further that the comptroller shall pay to the city of New York
55 that amount of overpayment of tax imposed by article nine, nine-A, twen-
56 ty-two, thirty, thirty-A, thirty-B, thirty-two, or thirty-three of this
S. 3174 13
1 chapter and any interest thereon that is certified to the comptroller by
2 the commissioner as the amount to be credited against city of New York
3 tax warrant judgment debt pursuant to section one hundred seventy-one-l
4 of this article, (v) and except further that the comptroller shall pay
5 to a non-obligated spouse that amount of overpayment of tax imposed by
6 article twenty-two of this chapter and the interest on such amount which
7 has been credited pursuant to section one hundred seventy-one-c, one
8 hundred seventy-one-d, one hundred seventy-one-e, one hundred seventy-
9 one-f or one hundred seventy-one-l of this article and which is certi-
10 fied to the comptroller by the commissioner as the amount due such non-
11 obligated spouse pursuant to paragraph six of subsection (b) of section
12 six hundred fifty-one of this chapter; and (vi) the comptroller shall
13 deduct a like amount which the comptroller shall pay into the treasury
14 to the credit of the general fund from amounts subsequently payable to
15 the department of social services, the state university of New York[,
16 the city university of New York], or the higher education services
17 corporation, or the revenue arrearage account or special offset fiduci-
18 ary account pursuant to section ninety-one-a or ninety-one-c of the
19 state finance law, as the case may be, whichever had been credited the
20 amount originally withheld from such overpayment, and (vii) with respect
21 to amounts originally withheld from such overpayment pursuant to section
22 one hundred seventy-one-l of this article and paid to the city of New
23 York, the comptroller shall collect a like amount from the city of New
24 York.
25 § 35. Paragraph (ii) of subsection 5 of section 171-c of the tax law,
26 as amended by chapter 601 of the laws of 2007, is amended to read as
27 follows:
28 (ii) Only the balance remaining, after such overpayment and the inter-
29 est thereon has been credited as described in paragraph (i) of this
30 subdivision, shall be certified as an overpayment plus any interest to
31 be credited against past-due support, with the remainder to be refunded
32 to the taxpayer if such remainder is not required to satisfy the amount
33 of a default in repayment of a state university loan [or city university
34 loan] pursuant to section one hundred seventy-one-e of this article
35 and/or the amount of a past-due legally enforceable debt pursuant to
36 section one hundred seventy-one-f of this article and/or a city of New
37 York tax warrant judgment debt pursuant to section one hundred seventy-
38 one-l of this article and/or the amount of a default in repayment of a
39 guaranteed student loan pursuant to section one hundred seventy-one-d of
40 this article. In cases where the taxpayer owes past-due support to more
41 than one person or entity, and the total amount of past-due support
42 certified to the commissioner by the state office of temporary and disa-
43 bility assistance exceeds the balance remaining, each such person or
44 entity shall receive a pro rata share of the balance remaining, such
45 share to be based on the amount of past-due support owed to such person
46 or entity as certified to the commissioner by such office pursuant to
47 this section. The state office of temporary and disability assistance
48 shall be responsible for determining and distributing each person's or
49 entity's pro rata share of past-due support pursuant to regulations of
50 such office.
51 § 36. Subparagraph (E) of paragraph (i) of subdivision 4 of section
52 171-d of the tax law is REPEALED.
53 § 37. Section 171-e of the tax law, as amended by chapter 638 of the
54 laws of 1985, subdivision 2 as separately amended by chapters 638 and
55 222 of the laws of 1985, subdivision 3 and paragraph (b) of subdivision
56 4 as amended by chapter 55 of the laws of 1992, subdivisions 4 and 7 as
S. 3174 14
1 amended by chapter 686 of the laws of 1989, subparagraph (C) of para-
2 graph (a) of subdivision 5 as amended by chapter 639 of the laws of
3 1986, and paragraph (b) of subdivision 5 as amended by section 4 of part
4 R of chapter 60 of the laws of 2004, is amended to read as follows:
5 § 171-e. Certain overpayments credited against national
6 defense/national direct, health professions or nursing student loans.
7 (1) As used in this section only, the term "state university loan" [or
8 "city university loan"] refers to loans provided to students at state-
9 operated units of the state university of New York [or the city univer-
10 sity of New York respectively] under the national defense/national
11 direct, health professions or nursing student loan programs.
12 (2) The commissioner of taxation and finance, on behalf of the tax
13 commission, shall enter into a written agreement with the state univer-
14 sity of New York [or the city university of New York respectively] which
15 shall set forth the procedures for crediting any overpayment by an indi-
16 vidual, estate or trust of income tax imposed by article twenty-two of
17 this chapter, city personal income tax on residents imposed pursuant to
18 the authority of article thirty of this chapter, city income tax
19 surcharge on residents imposed pursuant to the authority of article
20 thirty-A of this chapter, city earnings tax on nonresidents imposed
21 pursuant to the authority of former article two-E of the general city
22 law and city earnings tax on nonresidents imposed pursuant to the
23 authority of article thirty-B of this chapter and the interest on such
24 overpayments against the amount of any default in repayment of a state
25 university loan [or city university loan] owed by such individual,
26 estate or trust of which the commissioner of taxation and finance has
27 been notified by the state university of New York [or the city universi-
28 ty of New York respectively] pursuant to the provisions of such agree-
29 ment.
30 (3) Such agreement shall apply only to the amount of a default in
31 repayment of a state university loan [or city university loan] as to
32 which the state and/or state university of New York [or the city univer-
33 sity of New York respectively] has obtained a judgment or has made a
34 determination that satisfies the requirements of subdivision three of
35 section one hundred seventy-one-f of this article.
36 (4) Such agreement shall include:
37 (a) the procedure under which the state university of New York [or the
38 city university of New York respectively] shall notify the commissioner
39 of taxation and finance of a default in a repayment of a state universi-
40 ty loan [or city university loan], such procedure to specify when the
41 commissioner of taxation and finance shall be notified and the content
42 of such notification;
43 (b) the minimum amount outstanding on a default in repayment of a
44 state university loan [or city university loan] against which the
45 commissioner of taxation and finance shall, pursuant to this section,
46 credit an overpayment;
47 (c) the procedure for reimbursement of the commissioner of taxation
48 and finance by the state university of New York [or the city university
49 of New York respectively] for the full cost of carrying out the proce-
50 dures authorized by this section;
51 (d) a provision providing that information furnished to the state
52 university of New York [or the city university of New York respectively]
53 by the commissioner of taxation and finance and the comptroller pursuant
54 to said agreement shall be considered confidential and shall not be
55 disclosed except to such federal or state department or agency entitled
56 to such information;
S. 3174 15
1 (e) such other matters as the parties to such agreement shall deem
2 necessary to carry out the provisions of this section; and
3 (f) the procedure for reimbursement of the comptroller by the state
4 university of New York [or city university of New York] for any overpay-
5 ment and interest thereon which has been credited against the amount of
6 default on repayment of a state university loan [or a city university
7 loan] owed by a taxpayer filing a joint return, but which has been
8 refunded by the comptroller, pursuant to paragraph six of subsection (b)
9 of section six hundred fifty-one of this chapter, to a spouse not liable
10 for the amount of default in repayment of a state university loan [or
11 city university loan] owed by such taxpayer.
12 (5) (a) In calculating the amount of an overpayment and interest ther-
13 eon which shall be credited against the amount of a default in repayment
14 of a state university loan [or city university loan] owed by a taxpayer,
15 the tax commission shall first credit the overpayment and interest ther-
16 eon against any:
17 (A) liability of such taxpayer in respect of any tax imposed by this
18 chapter;
19 (B) liability of such taxpayer for any tax imposed pursuant to the
20 authority of this chapter or any other law if such tax is administered
21 by the tax commission;
22 (C) estimated tax for the succeeding taxable year if such taxpayer
23 claims such overpayment or a portion thereof as a credit against esti-
24 mated tax for such succeeding taxable year pursuant to subsection (e) of
25 section six hundred eighty-six of this chapter or subdivision (e) of
26 section 11-1786 of the administrative code of the city of New York for
27 any tax imposed pursuant to the authority of this chapter or any other
28 law if such tax is administered by the tax commission; and
29 (D) past-due support owed by the taxpayer pursuant to section one
30 hundred seventy-one-c of this chapter;
31 (b) Only the balance remaining, after such overpayment and the inter-
32 est thereon has been credited as described in paragraph (a) of this
33 subdivision, shall be certified as an overpayment plus any interest to
34 be credited against the amount of a default in repayment of a state
35 university loan [or city university loan], with the remainder to be
36 refunded to the taxpayer if such remainder is not required to satisfy
37 the amount of a past-due legally enforceable debt pursuant to section
38 one hundred seventy-one-f of this article, and/or a city of New York tax
39 warrant judgment debt pursuant to section one hundred seventy-one-l of
40 this article and/or the amount of a default in repayment of a guaranteed
41 student loan pursuant to section one hundred seventy-one-d of this arti-
42 cle.
43 (6) The tax commission shall certify to the comptroller the total
44 amount of the overpayment and the interest on such overpayment, the
45 amount of such overpayment and the interest on such amount to be credit-
46 ed against the amount of the default in repayment of a state university
47 loan [or city university loan] and the balance of such overpayment and
48 interest to be refunded to the taxpayer.
49 (7) The commissioner of taxation and finance shall notify the taxpayer
50 making the overpayment, in writing, of the amount of such overpayment
51 and the interest thereon certified to the comptroller as the amount to
52 be credited against the amount of a default in repayment of a state
53 university loan [or city university loan]. Such notice shall include
54 notification to any other person who may have filed a joint return with
55 the taxpayer of the steps such other person may take in order to secure
56 his or her proper share of the refund.
S. 3174 16
1 (8) From the time the state tax commission is notified by the state
2 university of New York [or the city university of New York respectively]
3 of an individual's, estate's or trust's default in repayment of a state
4 university loan [or city university loan] under the agreement provided
5 for in this section, the state tax commission and the department of
6 taxation and finance shall be relieved from all liability to such indi-
7 vidual, estate or trust, their assigns, successors, heirs or represen-
8 tatives for the amount of an overpayment and interest on such amount
9 certified to the comptroller to be credited against the amount of a
10 default in repayment of such state university loan [or city university
11 loan] and such individual, estate or trust shall have no right to
12 commence a court action or proceeding or to any other legal recourse
13 against the state tax commission or the department of taxation and
14 finance to recover such overpayment or such interest certified to the
15 comptroller to be credited against the amount of default in repayment of
16 a state university loan [or city university loan]. Provided, however,
17 nothing herein shall be construed to prohibit such individual, estate or
18 trust from proceeding against the state university of New York [or the
19 city university of New York respectively] to recover that part of such
20 overpayment or interest thereon so certified to the comptroller to be
21 credited against the amount of a default in repayment of a state univer-
22 sity loan [or city university loan] which is greater than the amount of
23 such default owed by such individual, estate or trust on the date of
24 such certification.
25 (9) The tax commission shall promulgate such rules and regulations as
26 it deems necessary to carry out the provisions of this section.
27 § 38. Subparagraph (vi) of paragraph (a) of subdivision 5 of section
28 171-f of the tax law, as added by chapter 55 of the laws of 1992 and as
29 renumbered by chapter 170 of the laws of 1994, is amended to read as
30 follows:
31 (vi) the amount of a default in repayment of a state university [or
32 city university] loan pursuant to section one hundred seventy-one-e of
33 this article.
34 § 39. Subparagraph (vi) of paragraph (a) of subdivision 4 of section
35 171-l of the tax law, as added by section 6 of part R of chapter 60 of
36 the laws of 2004, is amended to read as follows:
37 (vi) the amount of a default in repayment of a state university [or
38 city university] loan pursuant to section one hundred seventy-one-e of
39 this article.
40 § 40. Paragraph 6 of subsection (b) of section 651 of the tax law, as
41 amended by section 9 of part R of chapter 60 of the laws of 2004, is
42 amended to read as follows:
43 (6) If a joint return has been made under this subsection for a taxa-
44 ble year and only one spouse is liable for past-due support, or a past-
45 due legally enforceable debt, or a city of New York tax warrant judgment
46 debt, or an amount of a default in repayment of a guaranteed student,
47 state university [or city university] loan of which the commissioner of
48 taxation and finance has been notified pursuant to section one hundred
49 seventy-one-c, one hundred seventy-one-d, one hundred seventy-one-e, one
50 hundred seventy-one-f, or one hundred seventy-one-l of this chapter, as
51 the case may be, then an overpayment and interest thereon shall be cred-
52 ited against such past-due support, or a past-due legally enforceable
53 debt, or a city of New York tax warrant judgment debt, or such amount of
54 a default in repayment of a guaranteed student[,] or state university
55 [or city university] loan, unless the spouse not liable for such past-
56 due support, or a past-due legally enforceable debt, or a city of New
S. 3174 17
1 York tax warrant judgment debt, or such amount of a default in repayment
2 of a guaranteed student[,] or state university [or city university] loan
3 demands on a declaration made in accordance with regulations or
4 instructions prescribed by the commissioner of taxation and finance,
5 that the portion of the overpayment and interest attributable to such
6 spouse not be credited against the past-due support, or a past-due
7 legally enforceable debt, or a city of New York tax warrant judgment
8 debt, or amount of a default in repayment of a guaranteed student[,] or
9 state university [or city university] loan owed by the other spouse.
10 Such demand may be filed (A) with the return of the spouse not liable
11 for past-due support, or a past-due legally enforceable debt, or a city
12 of New York tax warrant judgment debt, or default in repayment of a
13 guaranteed student[,] or state university[, or city university] loan or
14 (B) with the commissioner of taxation and finance within ten days after
15 notification is provided such spouse by the commissioner of taxation and
16 finance pursuant to subdivision seven of section one hundred seventy-
17 one-c, subdivision six of section one hundred seventy-one-d, subdivision
18 seven of section one hundred seventy-one-e, subdivision seven of section
19 one hundred seventy-one-f or subdivision six of section one hundred
20 seventy-one-l of this chapter. Upon such demand the commissioner of
21 taxation and finance shall determine the amount of the overpayment
22 attributable to each spouse in accordance with regulations prescribed by
23 the commissioner of taxation and finance and credit only that portion of
24 the overpayment and interest thereon attributable to the spouse liable
25 for past-due support, or a past-due legally enforceable debt, or a city
26 of New York tax warrant judgment debt, or amount of a default in repay-
27 ment of a guaranteed student[,] or state university [or city university]
28 loan against such past-due support, or a past-due legally enforceable
29 debt, or a city of New York tax warrant judgment debt, or such amount of
30 a default in repayment of a guaranteed student[,] or state university
31 [or city university] loan.
32 § 41. Subsection (a) of section 686 of the tax law, as amended by
33 section 10 of part C of chapter 25 of the laws of 2009, is amended to
34 read as follows:
35 (a) General.-- The commissioner of taxation and finance, within the
36 applicable period of limitations, may credit an overpayment of income
37 tax and interest on such overpayment against any liability in respect of
38 any tax imposed by this chapter, including taxes imposed under article
39 twenty-three of this chapter, on the person who made the overpayment,
40 against any liability in respect of any tax imposed pursuant to the
41 authority of this chapter or any other law on such person if such tax is
42 administered by the commissioner of taxation and finance and, as
43 provided in sections one hundred seventy-one-c, one hundred
44 seventy-one-d, one hundred seventy-one-e, one hundred seventy-one-f and
45 one hundred seventy-one-l of this chapter, against past-due support, a
46 past-due legally enforceable debt, a city of New York tax warrant judg-
47 ment debt, and against the amount of a default in repayment of a guaran-
48 teed student[,] or state university [or city university] loan. The
49 balance shall be refunded by the comptroller out of the proceeds of the
50 tax retained by him for such general purpose. Any refund under this
51 section shall be made only upon the filing of a return and upon a
52 certificate of the commissioner approved by the comptroller. The comp-
53 troller, as a condition precedent to the approval of such a certificate,
54 may examine into the facts as disclosed by the return of the person who
55 made the overpayment and other information and data available in the
56 files of the commissioner.
S. 3174 18
1 § 42. Paragraph 3 of subsection (e) of section 697 of the tax law, as
2 amended by chapter 206 of the laws of 2011, is amended to read as
3 follows:
4 (3) Nothing herein shall be construed to prohibit the department, its
5 officers or employees from furnishing information to the office of
6 temporary and disability assistance relating to the payment of the cred-
7 it for certain household and dependent care services necessary for gain-
8 ful employment under subsection (c) of section six hundred six of this
9 article and the earned income credit under subsection (d) of section six
10 hundred six of this article and the enhanced earned income credit under
11 subsection (d-1) of section six hundred six of this article, or pursuant
12 to a local law enacted by a city having a population of one million or
13 more pursuant to subsection (f) of section thirteen hundred ten of this
14 chapter, only to the extent necessary to calculate qualified state
15 expenditures under paragraph seven of subdivision (a) of section four
16 hundred nine of the federal social security act or to document the prop-
17 er expenditure of federal temporary assistance for needy families funds
18 under section four hundred three of such act. The office of temporary
19 and disability assistance may redisclose such information to the United
20 States department of health and human services only to the extent neces-
21 sary to calculate such qualified state expenditures or to document the
22 proper expenditure of such federal temporary assistance for needy fami-
23 lies funds. Nothing herein shall be construed to prohibit the delivery
24 by the commissioner to a commissioner of jurors, appointed pursuant to
25 section five hundred four of the judiciary law, or, in counties within
26 cities having a population of one million or more, to the county clerk
27 of such county, of a mailing list of individuals to whom income tax
28 forms are mailed by the commissioner for the sole purpose of compiling a
29 list of prospective jurors as provided in article sixteen of the judici-
30 ary law. Provided, however, such delivery shall only be made pursuant to
31 an order of the chief administrator of the courts, appointed pursuant to
32 section two hundred ten of the judiciary law. No such order may be
33 issued unless such chief administrator is satisfied that such mailing
34 list is needed to compile a proper list of prospective jurors for the
35 county for which such order is sought and that, in view of the responsi-
36 bilities imposed by the various laws of the state on the department, it
37 is reasonable to require the commissioner to furnish such list. Such
38 order shall provide that such list shall be used for the sole purpose of
39 compiling a list of prospective jurors and that such commissioner of
40 jurors, or such county clerk, shall take all necessary steps to insure
41 that the list is kept confidential and that there is no unauthorized use
42 or disclosure of such list. Furthermore, nothing herein shall be
43 construed to prohibit the delivery to a taxpayer or his or her duly
44 authorized representative of a certified copy of any return or report
45 filed in connection with his or her tax or to prohibit the publication
46 of statistics so classified as to prevent the identification of partic-
47 ular reports or returns and the items thereof, or the inspection by the
48 attorney general or other legal representatives of the state of the
49 report or return of any taxpayer or of any employer filed under section
50 one hundred seventy-one-h of this chapter, where such taxpayer or
51 employer shall bring action to set aside or review the tax based there-
52 on, or against whom an action or proceeding under this chapter or under
53 this chapter and article eighteen of the labor law has been recommended
54 by the commissioner, the commissioner of labor with respect to unemploy-
55 ment insurance matters, or the attorney general or has been instituted,
56 or the inspection of the reports or returns required under this article
S. 3174 19
1 by the comptroller or duly designated officer or employee of the state
2 department of audit and control, for purposes of the audit of a refund
3 of any tax paid by a taxpayer under this article, or the furnishing to
4 the state department of labor of unemployment insurance information
5 obtained or derived from quarterly combined withholding, wage reporting
6 and unemployment insurance returns required to be filed by employers
7 pursuant to paragraph four of subsection (a) of section six hundred
8 seventy-four of this article, for purposes of administration of such
9 department's unemployment insurance program, employment services
10 program, federal and state employment and training programs, employment
11 statistics and labor market information programs, worker protection
12 programs, federal programs for which the department has administrative
13 responsibility or for other purposes deemed appropriate by the commis-
14 sioner of labor consistent with the provisions of the labor law, and
15 redisclosure of such information in accordance with the provisions of
16 sections five hundred thirty-six and five hundred thirty-seven of the
17 labor law or any other applicable law, or the furnishing to the state
18 office of temporary and disability assistance of information obtained or
19 derived from New York state personal income tax returns as described in
20 paragraph (b) of subdivision two of section one hundred seventy-one-g of
21 this chapter for the purpose of reviewing support orders enforced pursu-
22 ant to title six-A of article three of the social services law to aid in
23 the determination of whether such orders should be adjusted, or the
24 furnishing of information obtained from the reports required to be
25 submitted by employers regarding newly hired or re-hired employees
26 pursuant to section one hundred seventy-one-h of this chapter to the
27 state office of temporary and disability assistance, the state depart-
28 ment of health, the state department of labor and the workers' compen-
29 sation board for purposes of administration of the child support
30 enforcement program, verification of individuals' eligibility for one or
31 more of the programs specified in subsection (b) of section eleven
32 hundred thirty-seven of the federal social security act and for other
33 public assistance programs authorized by state law, and administration
34 of the state's employment security and workers' compensation programs,
35 and to the national directory of new hires established pursuant to
36 section four hundred fifty-three-A of the federal social security act
37 for the purposes specified in such section, or the furnishing to the
38 state office of temporary and disability assistance of the amount of an
39 overpayment of income tax and interest thereon certified to the comp-
40 troller to be credited against past-due support pursuant to section one
41 hundred seventy-one-c of this chapter and of the name and social securi-
42 ty number of the taxpayer who made such overpayment, or the disclosing
43 to the commissioner of finance of the city of New York, pursuant to
44 section one hundred seventy-one-l of this chapter, of the amount of an
45 overpayment and interest thereon certified to the comptroller to be
46 credited against a city of New York tax warrant judgment debt and of the
47 name and social security number of the taxpayer who made such overpay-
48 ment, or the furnishing to the New York state higher education services
49 corporation of the amount of an overpayment of income tax and interest
50 thereon certified to the comptroller to be credited against the amount
51 of a default in repayment of any education loan debt, including judg-
52 ments, owed to the federal or New York state government that is being
53 collected by the New York state higher education services corporation,
54 and of the name and social security number of the taxpayer who made such
55 overpayment, or the furnishing to the state department of health of the
56 information required by paragraph (f) of subdivision two and subdivision
S. 3174 20
1 two-a of section two thousand five hundred eleven of the public health
2 law and by subdivision eight of section three hundred sixty-six-a and
3 paragraphs (b) and (d) of subdivision two of section three hundred
4 sixty-nine-ee of the social services law, or the furnishing to the state
5 university of New York [or the city university of New York respectively]
6 or the attorney general on behalf of such state [or city] university the
7 amount of an overpayment of income tax and interest thereon certified to
8 the comptroller to be credited against the amount of a default in repay-
9 ment of a state university loan pursuant to section one hundred seven-
10 ty-one-e of this chapter and of the name and social security number of
11 the taxpayer who made such overpayment, or the disclosing to a state
12 agency, pursuant to section one hundred seventy-one-f of this chapter,
13 of the amount of an overpayment and interest thereon certified to the
14 comptroller to be credited against a past-due legally enforceable debt
15 owed to such agency and of the name and social security number of the
16 taxpayer who made such overpayment, or the furnishing of employee and
17 employer information obtained through the wage reporting system, pursu-
18 ant to section one hundred seventy-one-a of this chapter, as added by
19 chapter five hundred forty-five of the laws of nineteen hundred seven-
20 ty-eight, to the state office of temporary and disability assistance,
21 the department of health or to the state office of the medicaid inspec-
22 tor general for the purpose of verifying eligibility for and entitlement
23 to amounts of benefits under the social services law or similar law of
24 another jurisdiction, locating absent parents or other persons legally
25 responsible for the support of applicants for or recipients of public
26 assistance and care under the social services law and persons legally
27 responsible for the support of a recipient of services under section one
28 hundred eleven-g of the social services law and, in appropriate cases,
29 establishing support obligations pursuant to the social services law and
30 the family court act or similar provision of law of another jurisdiction
31 for the purpose of evaluating the effect on earnings of participation in
32 employment, training or other programs designed to promote self-suffici-
33 ency authorized pursuant to the social services law by current recipi-
34 ents of public assistance and care and by former applicants and recipi-
35 ents of public assistance and care, (except that with regard to former
36 recipients, information which relates to a particular former recipient
37 shall be provided with client identifying data deleted), to the state
38 office of temporary and disability assistance for the purpose of deter-
39 mining the eligibility of any child in the custody, care and custody or
40 custody and guardianship of a local social services district or of the
41 office of children and family services for federal payments for foster
42 care and adoption assistance pursuant to the provisions of title IV-E of
43 the federal social security act by providing information with respect to
44 the parents, the stepparents, the child and the siblings of the child
45 who were living in the same household as such child during the month
46 that the court proceedings leading to the child's removal from the
47 household were initiated, or the written instrument transferring care
48 and custody of the child pursuant to the provisions of section three
49 hundred fifty-eight-a or three hundred eighty-four-a of the social
50 services law was signed, provided however that the office of temporary
51 and disability assistance shall only use the information obtained pursu-
52 ant to this subdivision for the purpose of determining the eligibility
53 of such child for federal payments for foster care and adoption assist-
54 ance pursuant to the provisions of title IV-E of the federal social
55 security act, and to the state department of labor, or other individuals
56 designated by the commissioner of labor, for the purpose of the adminis-
S. 3174 21
1 tration of such department's unemployment insurance program, employment
2 services program, federal and state employment and training programs,
3 employment statistics and labor market information programs, worker
4 protection programs, federal programs for which the department has
5 administrative responsibility or for other purposes deemed appropriate
6 by the commissioner of labor consistent with the provisions of the labor
7 law, and redisclosure of such information in accordance with the
8 provisions of sections five hundred thirty-six and five hundred thirty-
9 seven of the labor law, or the furnishing of information, which is
10 obtained from the wage reporting system operated pursuant to section one
11 hundred seventy-one-a of this chapter, as added by chapter five hundred
12 forty-five of the laws of nineteen hundred seventy-eight, to the state
13 office of temporary and disability assistance so that it may furnish
14 such information to public agencies of other jurisdictions with which
15 the state office of temporary and disability assistance has an agreement
16 pursuant to paragraph (h) or (i) of subdivision three of section twenty
17 of the social services law, and to the state office of temporary and
18 disability assistance for the purpose of fulfilling obligations and
19 responsibilities otherwise incumbent upon the state department of labor,
20 under section one hundred twenty-four of the federal family support act
21 of nineteen hundred eighty-eight, by giving the federal parent locator
22 service, maintained by the federal department of health and human
23 services, prompt access to such information as required by such act, or
24 to the state department of health to verify eligibility under the child
25 health insurance plan pursuant to subdivisions two and two-a of section
26 two thousand five hundred eleven of the public health law, to verify
27 eligibility under the medical assistance and family health plus programs
28 pursuant to subdivision eight of section three hundred sixty-six-a and
29 paragraphs (b) and (d) of subdivision two of section three hundred
30 sixty-nine-ee of the social services law, and to verify eligibility for
31 the program for elderly pharmaceutical insurance coverage under title
32 three of article two of the elder law, or to the office of vocational
33 and educational services for individuals with disabilities of the educa-
34 tion department, the commission for the blind and visually handicapped
35 and any other state vocational rehabilitation agency, for purposes of
36 obtaining reimbursement from the federal social security administration
37 for expenditures made by such office, commission or agency on behalf of
38 disabled individuals who have achieved economic self-sufficiency or to
39 the higher education services corporation for the purpose of assisting
40 the corporation in default prevention and default collection of educa-
41 tion loan debt, including judgments, owed to the federal or New York
42 state government; provided, however, that such information shall be
43 limited to the names, social security numbers, home and/or business
44 addresses, and employer names of defaulted or delinquent student loan
45 borrowers, or to the office of the state comptroller for purposes of
46 verifying the income of a retired member of a retirement system or
47 pension plan administered by the state or any of its political subdivi-
48 sions who returns to public employment.
49 Provided, however, that with respect to employee information the
50 office of temporary and disability assistance shall only be furnished
51 with the names, social security account numbers and gross wages of those
52 employees who are (A) applicants for or recipients of benefits under the
53 social services law, or similar provision of law of another jurisdiction
54 (pursuant to an agreement under subdivision three of section twenty of
55 the social services law) or, (B) absent parents or other persons legally
56 responsible for the support of applicants for or recipients of public
S. 3174 22
1 assistance and care under the social services law or similar provision
2 of law of another jurisdiction (pursuant to an agreement under subdivi-
3 sion three of section twenty of the social services law), or (C) persons
4 legally responsible for the support of a recipient of services under
5 section one hundred eleven-g of the social services law or similar
6 provision of law of another jurisdiction (pursuant to an agreement under
7 subdivision three of section twenty of the social services law), or (D)
8 employees about whom wage reporting system information is being
9 furnished to public agencies of other jurisdictions, with which the
10 state office of temporary and disability assistance has an agreement
11 pursuant to paragraph (h) or (i) of subdivision three of section twenty
12 of the social services law, or (E) employees about whom wage reporting
13 system information is being furnished to the federal parent locator
14 service, maintained by the federal department of health and human
15 services, for the purpose of enabling the state office of temporary and
16 disability assistance to fulfill obligations and responsibilities other-
17 wise incumbent upon the state department of labor, under section one
18 hundred twenty-four of the federal family support act of nineteen
19 hundred eighty-eight, and, only if, the office of temporary and disabil-
20 ity assistance certifies to the commissioner that such persons are such
21 applicants, recipients, absent parents or persons legally responsible
22 for support or persons about whom information has been requested by a
23 public agency of another jurisdiction or by the federal parent locator
24 service and further certifies that in the case of information requested
25 under agreements with other jurisdictions entered into pursuant to
26 subdivision three of section twenty of the social services law, that
27 such request is in compliance with any applicable federal law. Provided,
28 further, that where the office of temporary and disability assistance
29 requests employee information for the purpose of evaluating the effects
30 on earnings of participation in employment, training or other programs
31 designed to promote self-sufficiency authorized pursuant to the social
32 services law, the office of temporary and disability assistance shall
33 only be furnished with the quarterly gross wages (excluding any refer-
34 ence to the name, social security number or any other information which
35 could be used to identify any employee or the name or identification
36 number of any employer) paid to employees who are former applicants for
37 or recipients of public assistance and care and who are so certified to
38 the commissioner by the commissioner of the office of temporary and
39 disability assistance. Provided, further, that with respect to employee
40 information, the department of health shall only be furnished with the
41 information required pursuant to the provisions of paragraph (f) of
42 subdivision two and subdivision two-a of section two thousand five
43 hundred eleven of the public health law and subdivision eight of section
44 three hundred sixty-six-a and paragraphs (b) and (d) of subdivision two
45 of section three hundred sixty-nine-ee of the social services law, with
46 respect to those individuals whose eligibility under the child health
47 insurance plan, medical assistance program, and family health plus
48 program is to be determined pursuant to such provisions and with respect
49 to those members of any such individual's household whose income affects
50 such individual's eligibility and who are so certified to the commis-
51 sioner or by the department of health. Provided, further, that wage
52 reporting information shall be furnished to the office of vocational and
53 educational services for individuals with disabilities of the education
54 department, the commission for the blind and visually handicapped and
55 any other state vocational rehabilitation agency only if such office,
56 commission or agency, as applicable, certifies to the commissioner that
S. 3174 23
1 such information is necessary to obtain reimbursement from the federal
2 social security administration for expenditures made on behalf of disa-
3 bled individuals who have achieved self-sufficiency. Reports and returns
4 shall be preserved for three years and thereafter until the commissioner
5 orders them to be destroyed.
6 § 43. Paragraph 5 of subsection (b) of section 1306 of the tax law, as
7 amended by chapter 333 of the laws of 1987, is amended to read as
8 follows:
9 (5) If a joint return has been made under this subsection for a tax-
10 able year and only one spouse is liable for past-due support or an
11 amount of a default in repayment of a guaranteed student[,] or state
12 university [or city university] loan of which the state tax commission
13 has been notified pursuant to section one hundred seventy-one-c, one
14 hundred seventy-one-d or one hundred seventy-one-e of this chapter, as
15 the case may be, then an overpayment and interest thereon shall be cred-
16 ited against such past-due support or such amount of a default in repay-
17 ment of a guaranteed student[,] or state university [or city university]
18 loan, unless the spouse not liable for such past-due support or such
19 amount of a default in repayment of a guaranteed student[,] or state
20 university [or city university] loan demands, on a declaration made in
21 accordance with regulations or instructions prescribed by the state tax
22 commission, that the portion of the overpayment and interest attribut-
23 able to such spouse not be credited against the past-due support or
24 amount of a default in repayment of a guaranteed student[,] or state
25 university [or city university] loan owed by the other spouse. Upon such
26 demand, the state tax commission shall determine the amount of the over-
27 payment attributable to each spouse in accordance with regulations
28 prescribed by the state tax commission and credit only that portion of
29 the overpayment and interest thereon attributable to the spouse liable
30 for past-due support or amount of a default in repayment of a guaranteed
31 student[,] or state university [or city university] loan against such
32 past-due support or such amount of a default in repayment of a guaran-
33 teed student[,] or state university [or city university] loan.
34 § 44. Paragraphs 3 and 6 of subsection (c) of section 1313 of the tax
35 law, as amended by section 8 of part C of chapter 58 of the laws of
36 2005, are amended to read as follows:
37 (3) pay to the state university of New York [or the city university of
38 New York respectively] that amount of overpayments of the taxes imposed
39 pursuant to the authority of this article or former article two-E of the
40 general city law and the interest on such amount which is certified to
41 the comptroller by the commissioner as the amount to be credited against
42 the amount of defaults in repayment of state [or city] university loans
43 pursuant to subdivision six of section one hundred seventy-one-e of this
44 chapter;
45 (6) pay to a non-obligated spouse that amount of overpayment of tax
46 imposed pursuant to the authority of this article or former article
47 two-E of the general city law and the interest on such amount which has
48 been credited pursuant to section one hundred seventy-one-c, one hundred
49 seventy-one-d, one hundred seventy-one-e, one hundred seventy-one-f or
50 one hundred seventy-one-l of this chapter and which is certified to the
51 comptroller by the commissioner as the amount due such non-obligated
52 spouse pursuant to paragraph six of subsection (b) of section six
53 hundred fifty-one of this chapter, and the comptroller shall deduct a
54 like amount which, the comptroller shall pay into the treasury to the
55 credit of the general fund, from amounts subsequently payable to the
56 office of temporary and disability assistance, the state university of
S. 3174 24
1 New York, [the city university of New York,] the higher education
2 services corporation, or the revenue arrearage account or special offset
3 fiduciary account pursuant to section ninety-one-a or ninety-one-c of
4 the state finance law, as the case may be, whichever had been credited
5 the amount originally withheld from such overpayment.
6 § 45. Paragraph 5 of subsection (b) of section 1326 of the tax law, as
7 amended by section 16 of part R of chapter 60 of the laws of 2004, is
8 amended to read as follows:
9 (5) If a joint return has been made pursuant to this subsection for a
10 taxable year and only one spouse is liable for past-due support, or a
11 past-due legally enforceable debt, or a city of New York tax warrant
12 judgment debt, or an amount of a default in repayment of a guaranteed
13 student[,] or state university [or city university] loan of which the
14 commissioner of taxation and finance has been notified pursuant to
15 section one hundred seventy-one-c, one hundred seventy-one-d, one
16 hundred seventy-one-e, one hundred seventy-one-f or one hundred seven-
17 ty-one-l of this chapter, as the case may be, then an overpayment and
18 interest thereon shall be credited against such past-due support, or a
19 past-due legally enforceable debt, or a city of New York tax warrant
20 judgment debt, or such amount of a default in repayment of a guaranteed
21 student[,] or state university [or city university] loan, unless the
22 spouse not liable for such past-due support, or a past-due legally
23 enforceable debt, or a city of New York tax warrant judgment debt, or
24 such amount of a default in repayment of a guaranteed student[,] or
25 state university [or city university] loan demands, on a declaration
26 made in accordance with regulations or instructions prescribed by the
27 commissioner of taxation and finance, that the portion of the overpay-
28 ment and interest attributable to such spouse not be credited against
29 the past-due support, or a past-due legally enforceable debt, or a city
30 of New York tax warrant judgment debt, or amount of a default in repay-
31 ment of a guaranteed student[,] or state university [or city university]
32 loan owed by the other spouse. Upon such demand the commissioner of
33 taxation and finance shall determine the amount of the overpayment
34 attributable to each spouse in accordance with regulations prescribed by
35 the commissioner of taxation and finance and credit only that portion of
36 the overpayment and interest thereon attributable to the spouse liable
37 for past-due support, or a past-due legally enforceable debt, or a city
38 of New York tax warrant judgment debt, or amount of a default in repay-
39 ment of a guaranteed student[,] or state university [or city university]
40 loan against such past-due support, or a past-due legally enforceable
41 debt, or a city of New York tax warrant judgment debt, or such amount of
42 a default in repayment of a guaranteed student[,] or state university
43 [or city university] loan.
44 § 46. Section 1333 of the tax law, as amended by section 17 of part R
45 of chapter 60 of the laws of 2004, is amended to read as follows:
46 § 1333. Deposit and disposition of revenues. All revenue collected by
47 the commissioner of taxation and finance from the tax imposed by any
48 city pursuant to the authority of this article or article thirty-B of
49 this chapter shall be deposited daily with such responsible banks, bank-
50 ing houses or trust companies, as may be designated by the state comp-
51 troller, to the credit of the comptroller, in trust for such city. Such
52 deposits shall be kept in trust and separate and apart from all other
53 moneys in the possession of the comptroller. The comptroller shall
54 require adequate security from all such depositories of such revenue
55 collected by the commissioner of taxation and finance. The comptroller
56 shall retain in his hands such amount as the commissioner of taxation
S. 3174 25
1 and finance may determine to be necessary for refunds in respect to the
2 tax imposed by such city pursuant to the authority of this article or
3 article thirty-B of this chapter and for reasonable costs of the commis-
4 sioner of taxation and finance in administering, collecting and distrib-
5 uting such taxes, out of which the comptroller shall pay any refunds of
6 such taxes to which the taxpayer shall be entitled under any law enacted
7 by such city pursuant to the authority of this article or article thir-
8 ty-B of this chapter. The comptroller, after reserving such refund fund
9 and such cost shall, on or before the fifteenth day of each month, pay
10 to the chief fiscal officer of such city the balance of such taxes
11 collected, to be paid into the treasury of such city to the credit of
12 the general fund except that he shall pay to the state department of
13 social services that amount of overpayments of the tax imposed by such
14 city pursuant to the authority of this article or article thirty-B of
15 this chapter and the interest on such amount which is certified to him
16 by the commissioner of taxation and finance as the amount to be credited
17 against past-due support pursuant to subdivision six of section one
18 hundred seventy-one-c of this chapter and except that he shall pay to
19 the New York state higher education services corporation that amount of
20 overpayments of the tax imposed by such city pursuant to the authority
21 of this article or article thirty-B of this chapter and the interest on
22 such amount which is certified to him by the commissioner of taxation
23 and finance as the amount to be credited against the amount of defaults
24 in repayment of guaranteed student loans pursuant to subdivision five of
25 section one hundred seventy-one-d of this chapter and except that he
26 shall pay to the state university of New York [or the city university of
27 New York respectively] that amount of overpayments of the tax imposed by
28 such city pursuant to the authority of this article or article thirty-B
29 of this chapter and the interest on such amount which is certified to
30 him by the commissioner of taxation and finance as the amount to be
31 credited against the amount of defaults in repayment of state [or city
32 university] loans pursuant to subdivision six of section one hundred
33 seventy-one-e of this chapter and except that, notwithstanding any other
34 provision of law, he shall credit to the revenue arrearage account,
35 pursuant to section ninety-one-a of the state finance law, that amount
36 of overpayments of the taxes imposed pursuant to the authority of this
37 article or article thirty-B of this chapter and the interest on such
38 amount which is certified to him by the commissioner of taxation and
39 finance as the amount to be credited against a past-due legally enforce-
40 able debt owed to a state agency pursuant to paragraph (a) of subdivi-
41 sion six of section one hundred seventy-one-f of this chapter, provided,
42 however, he shall credit to the special offset fiduciary account, pursu-
43 ant to section ninety-one-c of the state finance law, any such amount
44 creditable as a liability as set forth in paragraph (b) of subdivision
45 six of section one hundred seventy-one-f of this chapter and except that
46 he shall pay to the city of New York that amount of overpayments of tax
47 imposed pursuant to the authority of this article or article thirty-B of
48 this chapter and the interest on such amount which is certified to him
49 by the commissioner of taxation and finance as the amount to be credited
50 against city of New York tax warrant judgment debt pursuant to section
51 one hundred seventy-one-l of this chapter, and except further that
52 he/she shall pay to a non-obligated spouse that amount of overpayment of
53 tax imposed by such city pursuant to the authority of this article or
54 article thirty-B of this chapter and the interest on such amount which
55 has been credited pursuant to section one hundred seventy-one-c, one
56 hundred seventy-one-d, one hundred seventy-one-e, one hundred seventy-
S. 3174 26
1 one-f or one hundred seventy-one-l of this chapter and which is certi-
2 fied to him by the commissioner of taxation and finance as the amount
3 due such non-obligated spouse pursuant to paragraph six of subsection
4 (b) of section six hundred fifty-one of this chapter, and he shall
5 deduct a like amount which he shall pay into the treasury to the credit
6 of the general fund from amounts subsequently payable to the department
7 of social services, the state university of New York, [the city univer-
8 sity of New York,] or the higher education services corporation or to
9 the revenue arrearage account or special offset fiduciary account pursu-
10 ant to section ninety-one-a or ninety-one-c of the state finance law, as
11 the case may be, whichever had been credited the amount originally with-
12 held from such overpayment. The amount deducted for administering,
13 collecting and distributing such taxes during such monthly period shall
14 be paid by the comptroller into the general fund of the state treasury
15 to the credit of the state purposes account therein. The first payment
16 to such chief fiscal officer shall be made on or before March fifteenth,
17 nineteen hundred eighty-five, which payment shall represent the balance
18 of revenue after provision for refund and such reasonable costs, with
19 respect to taxes collected in nineteen hundred eighty-four. Subsequent
20 payments shall be made on or before April fifteenth, nineteen hundred
21 eighty-five, and on or before the fifteenth day of each succeeding month
22 thereafter, and shall represent the balance of revenue with respect to
23 taxes collected the preceding calendar months. The amounts so payable
24 shall be certified to the comptroller by the commissioner of taxation
25 and finance or his delegate, either of whom shall not be held liable for
26 any inaccuracy in such certificate. Where the amount so paid over to
27 such chief fiscal officer is more or less than the amount then due such
28 city, the amount of overpayment or underpayment shall be certified to
29 the comptroller by the commissioner of taxation and finance or his dele-
30 gate, either of whom shall not be held liable for any inaccuracy in such
31 certificate. The amount of overpayment or underpayment shall be so
32 certified to the comptroller as soon after the discovery of the overpay-
33 ment or underpayment as reasonably possible and subsequent payments by
34 the comptroller to such chief fiscal officer shall be adjusted by
35 subtracting the amount of any such overpayment from, or by adding the
36 amount of any such underpayment to such number of subsequent payments
37 and distributions as the comptroller and the commissioner of taxation
38 and finance shall consider reasonable in view of the amount of the over-
39 payment or underpayment and all other facts and circumstances.
40 § 47. Subdivision 6 of section 42 of the labor law, as added by
41 section 6 of part E of chapter 389 of the laws of 1997, is amended to
42 read as follows:
43 6. Notwithstanding any other provisions of law to the contrary, the
44 educational opportunity centers (hereinafter referred to as EOCs) oper-
45 ated by the state university [and educational centers operated by the
46 units of the city university of New York] are hereby authorized to
47 contract with employment and training providers funded pursuant to this
48 section for provision of services authorized under this section and to
49 receive reimbursement for services provided. For the purpose of this
50 program, all participants eligible for services pursuant to this section
51 shall be deemed to be eligible for services provided by the EOCs.
52 § 48. The section heading and subdivision 1 of section 213-a of the
53 labor law, as amended by chapter 562 of the laws of 2003, is amended to
54 read as follows:
S. 3174 27
1 Special provisions regarding the purchasing of apparel or sports
2 equipment by the state university of New York [and the city university
3 of New York].
4 1. Notwithstanding any other provision of law, the various units of
5 the state university of New York[, the city university of New York] and
6 community colleges shall have the authority to:
7 § 49. The opening paragraph of subdivision 10 of section 590 of the
8 labor law, as amended by chapter 734 of the laws of 2004, is amended to
9 read as follows:
10 Benefits based on professional employment with educational insti-
11 tutions, including the state university of New York[, the city universi-
12 ty of New York] and any public community colleges. If a claimant was
13 employed in an instructional, research, or principal administrative
14 capacity by an institution of education, including the state university
15 of New York[, the city university of New York] and any public community
16 colleges, or performed services in such an institution in such capacity
17 while employed by an educational service agency, the following shall
18 apply to any week commencing during the period between two successive
19 academic years or terms, or during a similar period between two regular
20 but not successive terms when the contract provides therefor instead,
21 provided the claimant has a contract to perform, or there is a reason-
22 able assurance that the claimant will perform, services in such capacity
23 for any such institution or institutions for both of such academic years
24 or such terms, and to any week commencing during an established and
25 customary vacation period or holiday recess, not between such academic
26 terms or years, provided the claimant performed services for such insti-
27 tution immediately before such vacation period or holiday recess and
28 there is a reasonable assurance that the claimant will perform any
29 services described in this subdivision or subdivision eleven of this
30 section in the period immediately following such vacation period or
31 holiday recess:
32 § 50. Subdivision 7 of section 819 of the labor law, as amended by
33 chapter 319 of the laws of 2004, is amended to read as follows:
34 7. Notwithstanding subdivision six of this section, any entity with an
35 approved apprenticeship program as defined in this section shall not be
36 liable to pay the fees provided for in this section if such entity is
37 the state university of New York[, the city university of New York], a
38 community college or board of cooperative educational services as those
39 terms are defined in the education law.
40 § 51. Section 836 of the labor law, as added by chapter 231 of the
41 laws of 1989, is amended to read as follows:
42 § 836. Administration. Except as is otherwise provided herein, the
43 administration of the worker adjustment program shall be carried out by
44 the department in consultation with the department of economic develop-
45 ment, state education department, state university of New York, [city
46 university of New York,] and the state job training coordinating coun-
47 cil, hereinafter referred to as the "council", in a manner consistent
48 with the federal Economic Dislocation and Worker Adjustment Assistance
49 Act (P.L. 100-418), hereinafter referred to as "the act".
50 § 52. Paragraph c of subdivision 5 of section 18-b of the transporta-
51 tion law, as added by chapter 56 of the laws of 1975, is amended to read
52 as follows:
53 c. In the event that a county or municipality shall fail to make to a
54 public transportation system any of the payments required to be made by
55 it under this section, the chief executive officer of the public trans-
56 portation system or such other person as the commissioner shall desig-
S. 3174 28
1 nate shall certify to the state comptroller such amount due and owing
2 such public transportation system and the state comptroller shall with-
3 hold an equivalent amount from state aid allocated to such county or
4 municipality from highway aid, the motor fuel tax and the motor vehicle
5 registration fee distributed pursuant to section one hundred twelve of
6 the highway law, or per capita local assistance pursuant to section
7 fifty-four of the state finance law subject to the following limita-
8 tions: prior to withholding amounts allocated to carry such county or
9 municipality, the comptroller shall pay in full any amount due the state
10 of New York municipal bond bank agency, on account of any such county or
11 municipality's obligation to such agency; [the city university
12 construction fund, pursuant to the provisions of the city university
13 construction fund act;] the New York city housing development corpo-
14 ration, pursuant to the provisions of the New York city housing develop-
15 ment corporation act (article twelve of the private housing finance
16 law); and the transit construction fund, pursuant to the provisions of
17 article five[,] of title nine-a of the public authorities law. The
18 comptroller shall give the director of the budget notification of any
19 such payment. Such amount or amounts so withheld by the state comp-
20 troller shall be paid to such public transportation system, which system
21 shall use such amount or amounts for the payment of the county or muni-
22 cipality share of its operating expenses. When such amount or amounts
23 are received by such public transportation system, it shall credit such
24 amounts against any amounts due and owing such system by the county or
25 municipality on whose account such amount was withheld and paid.
26 § 53. Subdivision 1 of section 141 of the economic development law, as
27 added by chapter 564 of the laws of 1988, is amended to read as follows:
28 1. "Agency" shall mean any agency, department, board, bureau, commis-
29 sion a majority of whose members are appointed by the governor, divi-
30 sion, office, council, committee, or officer of the state, or the state
31 university of New York [or the city university of New York], or any
32 public benefit corporation or public authority, a majority of whose
33 members are appointed by the governor. Such term shall not include the
34 legislature.
35 § 54. Paragraph (b) of subdivision 2 of section 142 of the economic
36 development law, as amended by section 15 of part L of chapter 55 of the
37 laws of 2012, is amended to read as follows:
38 (b) for procurement contracts in excess of ten thousand dollars and
39 less than fifty thousand dollars to be awarded by the state university
40 of New York [or the city university of New York], (i) a quarterly list-
41 ing of projected procurement purchases by commodity for each institution
42 of the state university of New York [or the city university of New
43 York]; (ii) an explanation of how to apply for placement on any bidder
44 lists maintained by the state university of New York [or the city
45 university of New York]; and (iii) a description of procedures for
46 providing advance notification by mail to individuals or business enti-
47 ties on such bidder lists of any request for proposals, in accordance
48 with rules and regulations promulgated by the state university [or the
49 city university]; and
50 § 55. Paragraph (d) of subdivision 1 of section 144 of the economic
51 development law, as amended by chapter 862 of the laws of 1990, is
52 amended to read as follows:
53 (d) Procurement contracts in an amount less than ten thousand dollars
54 awarded by the state university of New York [or the city university of
55 New York]; and
S. 3174 29
1 § 56. Subdivision 6 of section 200 of the economic development law, as
2 amended by chapter 435 of the laws of 1990, is amended to read as
3 follows:
4 6. "Interagency review committee" shall mean a committee chaired by
5 the commissioner and consisting of representatives from the state educa-
6 tion department, the department of labor, the department of social
7 services, the state university[, the city university] and the state job
8 training partnership council. Such other state agencies, authorities,
9 boards or commissions shall be consulted as the commissioner shall deem
10 appropriate.
11 § 57. Paragraphs (a) and (b) of subdivision 2 of section 201 of the
12 economic development law, paragraph (a) as added by chapter 839 of the
13 laws of 1987 and paragraph (b) as amended by chapter 435 of the laws of
14 1990, are amended to read as follows:
15 (a) coordinate with the department of education, the department of
16 labor, the state university of New York[, the city university] and
17 service delivery areas as established pursuant to the federal job train-
18 ing partnership act (P.L. 97-300) in order to carry out the purposes of
19 this article and to complement and leverage related training resources
20 consistent with the purposes described herein;
21 (b) upon the recommendation of the interagency review committee,
22 execute and monitor grants and contracts to carry out the purposes of
23 this article or authorize grants and contracts to be executed and moni-
24 tored by the department of labor for projects which provide on-the-job
25 training reimbursements to businesses as described in this article and
26 for such labor exchange and other related services as are agreed upon by
27 the agencies, by the state education department for projects which
28 provide classroom based training which will be delivered by school
29 districts, boards of cooperative educational services and private
30 degree-granting institutions of higher education and by the state
31 university [or the city university] for projects which provide classroom
32 based training which will be delivered by community colleges, agricul-
33 tural and technical colleges, and public degree-granting institutions of
34 higher education or authorize such other arrangements as, upon the
35 recommendation of the interagency review committee, the commissioner
36 determines will advance the purposes of this program;
37 § 58. Subdivision 1 of section 220 of the economic development law, as
38 amended by chapter 291 of the laws of 1990, and as further amended by
39 section 104 of part A of chapter 62 of the laws of 2011, is amended to
40 read as follows:
41 1. To coordinate the international economic activities of the state
42 including any international economic activities of the department of
43 agriculture and markets, the department of financial services, the
44 department of financial services, the education department, the state
45 university of New York[, the city university of New York], the New York
46 state science and technology foundation, the New York state urban devel-
47 opment corporation, the New York state job development authority, the
48 port authority of New York and New Jersey, and other New York state
49 agencies.
50 § 59. Subdivision 4 of section 241 of the economic development law, as
51 added by chapter 839 of the laws of 1987, is amended to read as follows:
52 4. The advisory council shall consist of the commissioner, who shall
53 serve as chair, the commissioner of labor, and the commissioner of
54 education, or their designees, one representative designated by the
55 temporary president of the senate and one representative designated by
56 the speaker of the assembly and eight members appointed by the commis-
S. 3174 30
1 sioner, who shall have an expertise in economic analysis, planning or
2 data collection, maintenance and distribution, [one] two representing
3 the state university of New York, [one representing the city university
4 of New York,] one representing independent universities, one represent-
5 ing the state association of regional planning and development organiza-
6 tions, one representative of local government interests, one represen-
7 tative of business and industry interests, one representative of labor
8 interests, and one representative of private economic research and fore-
9 casting entities. The members shall receive no compensation for their
10 services but shall be allowed actual and necessary expenses incurred in
11 the performance of their duties.
12 § 60. Subparagraph 8 of paragraph (b) of subdivision 17 of section
13 1005 of the public authorities law, as added by chapter 477 of the laws
14 of 2009 and as renumbered by section 16 of part CC of chapter 60 of the
15 laws of 2011, is amended to read as follows:
16 (8) "Public university" means [the city university of New York includ-
17 ing] any senior college or community college as defined in section
18 sixty-two hundred two of the education law, and the state university of
19 New York including four-year colleges established pursuant to section
20 sixty-three hundred seven of the education law and community colleges as
21 defined in section sixty-three hundred one of the education law.
22 § 61. Subdivision (b) of section 1225-i of the public authorities law,
23 as added by chapter 576 of the laws of 1972, is amended to read as
24 follows:
25 (b) In the event of the failure of the city to pay to the fund, on or
26 before such fifteenth day of September, all or part of such amount, the
27 fund or its designate shall forthwith make and deliver to the comp-
28 troller of the state a certificate stating such amount and the sum, if
29 any, paid by the city to the fund with respect to such amount and
30 further stating the difference between such amount and such sum, and,
31 after the state comptroller shall have promptly given written notice to
32 the budget director, such difference shall be paid to the fund or its
33 designate whichever makes and delivers such certificate by the state
34 comptroller out of any succeeding payments of state aid apportioned to
35 the city as per capita aid for the support of local government pursuant
36 to section fifty-four of the state finance law or such other aid or
37 assistance payable by the state to the city and not otherwise allocated
38 as shall supersede or supplement such state per capita aid, including
39 federal moneys apportioned to the city by the state; except, however,
40 that prior to any deductions from any such aid or assistance, the
41 moneys, if any, then payable to [the city university construction fund
42 pursuant to the provisions of the city university construction fund act
43 or to] the New York city housing development corporation pursuant to the
44 New York city housing development corporation act or to the transit
45 authority pursuant to chapter seven of the laws of nineteen hundred
46 seventy-two shall be paid in full to such fund, corporation or authori-
47 ty.
48 § 62. The third undesignated paragraph of section 1277 of the public
49 authorities law, as amended by chapter 161 of the laws of 2000, is
50 amended to read as follows:
51 In the event that a city or county shall fail to make payment to the
52 authority for station maintenance as required pursuant to this section,
53 or any part thereof, the chief executive officer of the authority or
54 such other person as the chairman shall designate shall certify to the
55 state comptroller the amount due and owing the authority at the end of
56 the state fiscal year and the state comptroller shall withhold an equiv-
S. 3174 31
1 alent amount from the next succeeding state aid allocated to such county
2 or city from the motor fuel tax and the motor vehicle registration fee
3 distributed pursuant to former section one hundred twelve of the highway
4 law, or amounts distributed pursuant to section ten-c of the highway
5 law, or per capita local assistance pursuant to section fifty-four of
6 the state finance law subject to the following limitations: prior to
7 withholding amounts due the authority from such county or city, the
8 comptroller shall pay in full any amount due the state of New York
9 municipal bond bank agency, on account of any such county's or city's
10 obligation to such agency; [the city university construction fund pursu-
11 ant to the provisions of the city university construction fund act;] the
12 New York city housing development corporation, pursuant to the
13 provisions of the New York city housing development corporation act
14 (article twelve of the private housing finance law); and the transit
15 construction fund pursuant to the provisions of title nine-A of article
16 five of this chapter. The comptroller shall give the director of the
17 budget notification of any such payment. Such amount or amounts so with-
18 held by the comptroller shall be paid to the authority and the authority
19 shall use such amount for the repayment of the state advances hereby
20 authorized. When such amount or amounts are received by the authority,
21 it shall credit such amounts against any amounts due and owing by the
22 city or county on whose account such amount was withheld and paid.
23 § 63. Subdivision 8 of section 1676 of the public authorities law is
24 REPEALED.
25 § 64. Section 1676-a of the public authorities law, as added by chap-
26 ter 769 of the laws of 1978, is amended to read as follows:
27 § 1676-a. Payment on authority public work projects. Notwithstanding
28 the provisions of any other law to the contrary, all contracts for
29 public work awarded by the dormitory authority pursuant to this title
30 shall be in accordance with section one hundred thirty-nine-f of the
31 state finance law. For the purposes of this section, public work by the
32 dormitory authority shall include but not be limited to the construction
33 of dormitories and other related structures as defined in paragraph a of
34 subdivision two of section sixteen hundred seventy-six of this title,
35 boards of cooperative educational services as defined in paragraph d of
36 subdivision two of section sixteen hundred seventy-six of this title,
37 and locally sponsored community colleges as defined in subdivision seven
38 of section sixteen hundred seventy-six of this title[, and the city
39 university as defined in subdivision eight of section sixteen hundred
40 seventy-six of this title].
41 § 65. Subdivision 10 of section 1679 of the public authorities law, as
42 amended by chapter 682 of the laws of 1984, is amended to read as
43 follows:
44 10. There is hereby created an advisory committee on the supplemental
45 higher education loan financing program to the dormitory authority which
46 shall consist of the chairman of the authority, who shall serve as the
47 chairman of such committee, the commissioner of education, the chancel-
48 lor of the state university of New York, [the chancellor of the city
49 university of New York,] the president of the higher education services
50 corporation, the chairman of the board of trustees of the commission on
51 independent colleges and universities, the president of the New York
52 state financial aid administrators association and an undergraduate
53 student appointed by the governor who is in attendance at a public or
54 independent institution of higher education located in this state. Such
55 committee shall participate in the development of and review the program
56 guidelines to be established by the authority as required by this
S. 3174 32
1 section and may make recommendations on, comment upon and advise the
2 members of the board of the authority with respect to such guidelines.
3 Each of the members of such committee may designate in writing to the
4 chairman of the committee a representative to serve on such committee in
5 the place of such member. The members of the committee shall receive no
6 compensation for their services, but shall be entitled to reimbursement
7 by the dormitory authority for their actual and necessary expenses
8 incurred in the performance of their duties.
9 § 66. The undesignated paragraph of subdivision 1 of section 1680 of
10 the public authorities law, as amended by chapter 352 of the laws of
11 2008, is amended to read as follows:
12 Educational Housing Services Inc., a not-for-profit corporation, for
13 the acquisition, financing, refinancing, construction, reconstruction,
14 renovation, development, improvement, expansion, and equipping of hous-
15 ing for students and/or faculty at institutions of higher education
16 throughout the state and up to five wholly-owned and controlled corpo-
17 rations or limited liability companies that are not subject to federal
18 income taxation (except with respect to any unrelated business income)
19 as follows: [one such corporation or limited liability company for the
20 acquisition, financing, refinancing, construction, reconstruction, reno-
21 vation, development, improvement, expansion, and equipping of a dormito-
22 ry for housing for students in connection with the city university of
23 New York;] one such corporation or limited liability company for the
24 acquisition, financing, refinancing, construction, reconstruction, reno-
25 vation, development, improvement, expansion, and equipping of a dormito-
26 ry located at 401 West 130th Street, New York, New York for housing for
27 students and/or faculty in connection with the city college of New York;
28 one such corporation or limited liability company for the acquisition,
29 financing, refinancing, construction, reconstruction, renovation, devel-
30 opment, improvement, expansion, and equipping of a dormitory at 55 John
31 Street, New York, New York for housing for students and/or faculty; one
32 such corporation or limited liability company for the acquisition,
33 financing, refinancing, construction, reconstruction, renovation, devel-
34 opment, improvement, expansion, and equipping of a dormitory at 231 East
35 55th Street, New York, New York for housing for students and/or faculty;
36 and one such corporation or limited liability company for the acquisi-
37 tion, financing, refinancing, construction, reconstruction, renovation,
38 development, improvement, expansion, and equipping of a dormitory at
39 1760 3rd Avenue, New York, New York for housing for students and/or
40 faculty.
41 § 67. The undesignated paragraph of subdivision 1 of section 1680 of
42 the public authorities law, as amended by chapter 174 of the laws of
43 2002, is amended to read as follows:
44 MSMC realty corporation, a support organization of the Mount Sinai
45 hospital, Mount Sinai school of medicine of the [city] state university
46 of New York and the Mount Sinai medical center, inc. (collectively,
47 "Mount Sinai"), for the purpose of providing facilities and equipment
48 for Mount Sinai. As used in this paragraph and for purposes of chapter
49 five hundred fifty-four of the laws of nineteen hundred ninety-nine,
50 MSMC Realty Corporation shall be deemed to include any other entity
51 created by MSMC Realty Corporation or Mount Sinai for the purpose of
52 entering into an agreement with the dormitory authority pursuant to this
53 paragraph.
54 § 68. Clause (b) of subparagraph 2, subparagraphs 3 and 4 of paragraph
55 d and paragraph f of subdivision 2, the opening paragraph and subpara-
56 graphs 1 and 4 of paragraph (d) and paragraph (g) of subdivision 9,
S. 3174 33
1 paragraph (c) of subdivision 14 and subdivision 20 of section 1680 of
2 the public authorities law, clause (b) of subparagraph 2 of paragraph d
3 of subdivision 2, the opening paragraph and subparagraph 1 of paragraph
4 (d) of subdivision 9, as amended by chapter 332 of the laws of 1975,
5 subparagraph 3 of paragraph d of subdivision 2, as amended by chapter 64
6 of the laws of 1980, subparagraph 4 of paragraph d of subdivision 2, as
7 added by chapter 917 of the laws of 1977, paragraph f of subdivision 2,
8 as added by chapter 782 of the laws of 1966, subparagraph 1 of paragraph
9 f of subdivision 2, as amended by section 52 of part K of chapter 81 of
10 the laws of 2002, subparagraph 4 of paragraph d of subdivision 9, as
11 amended by chapter 38 of the laws of 1976, paragraph (g) of subdivision
12 9, as amended by chapter 264 of the laws of 1986, paragraph (c) of
13 subdivision 14, as amended by section 39 of part PP of chapter 56 of the
14 laws of 2009 and subdivision 20, as added by chapter 678 of the laws of
15 1988, are amended to read as follows:
16 (b) In the case of any dormitory and attendant facility provided
17 pursuant to paragraph f of this subdivision, the authority shall trans-
18 fer such right, title and interest as it may have in or to the real
19 property of such dormitory and attendant facility to the city of New
20 York and in and to all personal property of such dormitory and attendant
21 facility to the board of higher education in such city; provided, howev-
22 er, that if the authority has title to such dormitory and attendant
23 facility and the [city] state university shall cease to offer educa-
24 tional facilities before any such liabilities and bonds have been so
25 paid or discharged, the title to all of the real and personal property
26 thereof shall vest in the people of the state of New York;
27 (3) Notwithstanding any other provisions of law, [if requested by the
28 city university construction fund and] the board of higher education in
29 the city of New York, and with the prior written approval of the direc-
30 tor of the budget of the state of New York or his designee, the authori-
31 ty may sell all or any part of any dormitory and attendant facility
32 provided by the authority for the [city] state university pursuant to
33 paragraph f of subdivision two, including any real and personal property
34 comprising said dormitory and attendant facility. Such sale may be made
35 by private or public sale. Such sale may be made only if the dormitory
36 and attendant facility or portion thereof being sold is abandoned or
37 withdrawn from the applicable project in accordance with (i) the appli-
38 cable agreement entered into by the authority [with the city university
39 construction fund] and the board of higher education in the city of New
40 York and (ii) the applicable resolution of the authority, and if the net
41 proceeds of such sale are applied by the authority in accordance with
42 such agreement and resolution. The difference, if any, between the net
43 proceeds of such sale, and, if greater, the amount required to be paid
44 by the board of higher education in the city of New York to the authori-
45 ty pursuant to the terms of the applicable agreement by reason of the
46 abandonment or withdrawal of such dormitory and attendant facility or
47 portion thereof shall be paid to the authority by the state of New York,
48 the city of New York, in which case the written approval of the director
49 of the office of management and budget of the city of New York, or his
50 designee, shall also be required, [the city university construction fund
51 or] such board of higher education or any number of the foregoing at the
52 closing of such sale and shall likewise be applied by the authority in
53 accordance with the applicable agreement and resolution. Provided,
54 however, that the foregoing provisions of this subparagraph only to the
55 extent that they otherwise require a request for and approval by the
56 [city university construction fund or] the board of higher education in
S. 3174 34
1 the city of New York shall not apply to any sale of the parcels which
2 constitute one hundred twenty-three and one hundred twenty-seven West
3 one hundred eighty-third street in the city of New York being in section
4 eleven, block three thousand two hundred twenty-five, lot forty-eight in
5 Bronx county (also known as Sedgwick dormitory and North hall). The
6 abandonment or withdrawal of such dormitory and attendant facility or
7 portion thereof being sold and the payment to the authority in full of
8 the difference between the net proceeds of sale and the amount required
9 to be paid by such board of higher education to permit the abandonment
10 or withdrawal shall be conditions to the closing of any sale pursuant to
11 this subparagraph. In the event of a sale pursuant to this subparagraph,
12 the authority shall be relieved of any obligation to transfer the dormi-
13 tory and attendant facility or portion thereof being sold to the city of
14 New York, the state of New York or the board of higher education in the
15 city of New York pursuant to clause (b) of subparagraph two of this
16 paragraph. Any and all rights of the city of New York, the state of New
17 York and such board of higher education in and to such dormitory and
18 attendant facility or portion thereof shall be deemed to be fully satis-
19 fied and extinguished by a sale pursuant to this subparagraph. At the
20 request of the authority, the city of New York, the state of New York
21 and such board of higher education shall join in the deed or execute a
22 quitclaim or other legal instrument of conveyance of their respective
23 interests, if any, therein.
24 (4) Notwithstanding any other provision of law, the authority, if
25 requested by the [city university construction fund and the] board of
26 higher education in the city of New York, may lease all or any part of
27 any dormitory and attendant facility provided by the authority for the
28 [city] state university pursuant to paragraph f of this subdivision to a
29 third party upon such terms and conditions as the authority, [the city
30 university construction fund and] the board of higher education in the
31 city of New York shall deem appropriate and as are consistent with the
32 provisions of the applicable agreement entered into by the authority
33 [with the city university construction fund and] the board of higher
34 education in the city of New York and the applicable resolution of the
35 authority. Provided, however, that the foregoing provisions of this
36 subparagraph only to the extent that they otherwise require a request
37 for and approval by the [city university construction fund or the] board
38 of higher education in the city of New York shall not apply to any lease
39 of the parcels which constitute one hundred twenty-three and one hundred
40 twenty-seven West one hundred eighty-third street in the city of New
41 York being in section eleven, block three thousand two hundred twenty-
42 five, lot forty-eight in Bronx county (also known as Sedgwick dormitory
43 and North hall). Any rentals or other moneys received by the authority
44 pursuant to such lease shall be applied by the authority in accordance
45 with the terms of the applicable agreement and resolution. Any leasing
46 of such dormitory and attendant facility or portion thereof by the
47 authority pursuant to the terms of this subparagraph shall not be deemed
48 to constitute a breach by the authority of the terms and conditions of,
49 or a default by the authority under any agreement which the authority
50 may have entered into with [the city university construction fund and]
51 the board of higher education in the city of New York, or any resolution
52 of the authority, applicable to the dormitory and attendant facility or
53 portion thereof being leased.
54 f. (1) Notwithstanding any other provision of law, general or special,
55 the dormitory authority is hereby authorized and empowered to acquire,
56 design, construct, reconstruct, rehabilitate, and improve or otherwise
S. 3174 35
1 provide and furnish and equip dormitories and attendant facilities for
2 the use of the [city] state university, in accordance with the terms of
3 any lease, sublease, or other agreement entered into by the authority,
4 [pursuant to article one hundred twenty-five-B of the education law,
5 with the city university construction fund, or with such fund] and the
6 board of higher education in the city of New York. The dormitory author-
7 ity may issue its bonds to finance the cost of senior college facilities
8 either together with or separate from bonds issued to finance the cost
9 of community college facilities, and may issue its bonds to finance the
10 local sponsor's portion of the cost of community college facilities
11 either together with or separate from its bonds issued to finance the
12 state's portion of the cost of such community college facilities.
13 Notwithstanding any other provision of law, general or special, the
14 dormitory authority may acquire, design, construct or otherwise provide
15 and furnish and equip dormitories and attendant facilities for the use
16 of Hunter College, which may include therein a police and fire station,
17 upon a site set forth in and in accordance with the terms of any lease,
18 sublease or other agreement entered into by the authority [pursuant to
19 article one hundred twenty-five-B of the education law with the city
20 university construction fund], the city of New York and the board of
21 higher education in such city. The police and fire station portions of
22 such facility shall be deemed capital projects of the city of New York
23 within the meaning of chapter nine of the New York city charter. Any
24 conveyance of real property or rights and interests therein by the city
25 to the dormitory authority with respect to such facility shall not
26 include title to that portion of the real property to be occupied by the
27 police and fire station portions thereof but shall include the air
28 rights over such police and fire stations and subsurface rights there-
29 under.
30 (2) The provisions of this subdivision shall apply to projects under-
31 taken by the dormitory authority pursuant to this paragraph provided,
32 however, that wherever any provision of this subdivision authorizes or
33 requires action on the part of an educational institution such
34 provision, so far as it applies to any such project, shall be deemed to
35 refer to action on the part of the [city university construction fund or
36 the] board of higher education of the city of New York[, as the case may
37 be].
38 The following provisions shall be applicable to agreements and leases
39 entered into between the authority and a local sponsor in relation to
40 the providing and financing by the authority of facilities for locally
41 sponsored community colleges, and to agreements and leases entered into
42 between the authority and the [city] state university [construction]
43 fund in relation to the providing and financing by the authority of
44 facilities for [city] state university community colleges.
45 (1) In addition to the provisions authorized by subdivision four of
46 section sixteen hundred eighty-two of this title [four], any resolution
47 or resolutions authorizing any bonds for the purpose of financing the
48 cost of providing facilities for locally sponsored or [city] state
49 university community colleges may contain provisions which may be a part
50 of the contract with the holders of such bonds providing for the
51 creation and establishment and maintenance of reserve funds and payments
52 to such reserve funds as hereinafter in this paragraph set forth.
53 (4) To ensure the continued operation and solvency of the authority
54 for the carrying out of the public purposes relating to providing facil-
55 ities for locally sponsored or [city] state university community
56 colleges provision is made in the foregoing provisions of this paragraph
S. 3174 36
1 [d] for the accumulation in each debt service reserve fund of an amount
2 equal to the maximum amount of principal and interest maturing and
3 becoming due in any succeeding calendar year on all bonds of the author-
4 ity then outstanding and secured by such reserve fund. In order further
5 to ensure the maintenance of such debt service reserve funds, there
6 shall be annually apportioned and paid to the authority for deposit in
7 each debt service reserve fund such sum, if any, as shall be certified
8 by the chairman of the authority to the governor and state director of
9 the budget as necessary to restore such reserve fund to an amount equal
10 to the maximum amount of principal and interest maturing and becoming
11 due in any succeeding calendar year on the bonds of the authority then
12 outstanding and secured by such reserve fund. The chairman of the
13 authority shall annually, on or before December first, make and deliver
14 to the governor and state director of the budget his certificate stating
15 the sum, if any, required to restore each such debt service reserve fund
16 to the amount aforesaid, and the sum or sums so certified, if any, shall
17 be apportioned and paid to the authority during the then current state
18 fiscal year. The principal amount of bonds secured by a debt service
19 reserve fund or funds to which state funds are apportionable pursuant to
20 this subparagraph shall be limited to the total amount of bonds and
21 notes outstanding on the effective date of this act, plus the total
22 amount of bonds and notes contracted after the effective date of this
23 act to finance projects in progress on the effective date of this act as
24 determined by the New York state public authorities control board
25 created pursuant to section fifty of this chapter whose affirmative
26 determination shall be conclusive as to all matters of law and fact
27 solely for the purposes of the limitations contained in this subpara-
28 graph, but in no event shall the total amount of bonds so secured by
29 such a debt service reserve fund or funds exceed two hundred seventy
30 million dollars for locally sponsored community colleges and four
31 hundred seventy million dollars for [city] state university community
32 colleges, excluding bonds issued to refund such outstanding bonds until
33 the date of redemption of such outstanding bonds. As outstanding bonds
34 so secured are paid, the amount so secured shall be reduced accordingly
35 but the redemption of such outstanding bonds from the proceeds of
36 refunding bonds shall not reduce the amount so secured.
37 (g) No agreement by the dormitory authority [with the city university
38 construction fund or with such fund and] the [city] state university
39 with respect to a [city] state university community college, entered
40 into prior to July first, nineteen hundred eighty-five and no agreement
41 entered into on or after July first, nineteen hundred eighty-five which
42 is supplemental to any agreement entered into prior to such July first,
43 shall be effective unless and until it is approved by the state director
44 of the budget or his designee and by the director of the budget of the
45 city of New York or his designee.
46 (c) Subject to the provisions of chapter fifty-nine of the laws of two
47 thousand, (i) the dormitory authority shall not deliver a series of
48 bonds for [city] state university community college facilities, except
49 to refund or to be substituted for or in lieu of other bonds in relation
50 to [city] state university community college facilities pursuant to a
51 resolution of the dormitory authority adopted before July first, nine-
52 teen hundred eighty-five or any resolution supplemental thereto, if the
53 principal amount of bonds so to be issued when added to all principal
54 amounts of bonds previously issued by the dormitory authority for [city]
55 state university community college facilities, except to refund or to be
56 substituted in lieu of other bonds in relation to [city] state universi-
S. 3174 37
1 ty community college facilities will exceed the sum of four hundred
2 twenty-five million dollars and (ii) the dormitory authority shall not
3 deliver a series of bonds issued for [city] state university facilities,
4 including community college facilities, pursuant to a resolution of the
5 dormitory authority adopted on or after July first, nineteen hundred
6 eighty-five, except to refund or to be substituted for or in lieu of
7 other bonds in relation to [city] state university facilities and except
8 for bonds issued pursuant to a resolution supplemental to a resolution
9 of the dormitory authority adopted prior to July first, nineteen hundred
10 eighty-five, if the principal amount of bonds so to be issued when added
11 to the principal amount of bonds previously issued pursuant to any such
12 resolution, except bonds issued to refund or to be substituted for or in
13 lieu of other bonds in relation to [city] state university facilities,
14 will exceed six billion eight hundred forty-three million two hundred
15 thousand dollars. The legislature reserves the right to amend or repeal
16 such limit, and the state of New York, the dormitory authority, and the
17 [city] state university, [and the fund] are prohibited from covenanting
18 or making any other agreements with or for the benefit of bondholders
19 which might in any way affect such right.
20 20. Subject to the provisions of any lease, sublease or other agree-
21 ment with the state university of New York and state university
22 construction fund [or with the city university of New York and the city
23 university construction fund] to the contrary, in any case where the
24 authority and the respective fund are authorized to and have agreed that
25 the authority will award contracts for the design and construction of a
26 project, the authority shall prepare or cause to be prepared a facility
27 design and performance plan with the state university of New York and
28 state university construction fund [or with the city university of New
29 York and the city university construction fund]. Such plan shall set
30 forth the terms and conditions associated with the construction manage-
31 ment process, including, but not limited to, provisions relating to the
32 selection of architects, construction consultants, construction managers
33 and contractors, the relative responsibilities of the authority and the
34 respective fund with respect to the initial project budget, the prepara-
35 tion of working drawings and budgets, the project construction process,
36 beneficial occupancy including formal notifications, punch lists and
37 acceptance by all parties, notification of construction completion,
38 project close-out, and the commencement of responsibility for mainte-
39 nance of the facility. Such plan shall also include provisions relating
40 to the responsibility of the authority to require appropriate perform-
41 ance and surety bonds, the diligent pursuit by the authority of remedies
42 against architects, contractors and sureties deemed to be in default in
43 the performance of their obligations, and, generally, the management of
44 the construction process in a professional manner in accordance with
45 prevailing construction industry standards. The authority shall submit
46 the facility design and performance plan to the respective fund for
47 inclusion in the capital program plan submitted by the respective
48 university to the director of the budget.
49 § 69. Subdivision 4 of section 1680-b of the public authorities law,
50 as amended by chapter 62 of the laws of 1988, is amended to read as
51 follows:
52 4. In the event that a participating municipality fails to pay to the
53 authority when due all or part of the rentals and other payments payable
54 pursuant to any lease, sublease or agreement with the authority, the
55 chairman or another officer of the authority shall certify at the times
56 provided in this subdivision the amount of rentals and other payments
S. 3174 38
1 then due from such participating municipality and unpaid. The state
2 comptroller, upon receipt of such certificate, shall deduct the amount
3 of such rentals and other payments as remains unpaid to the authority
4 first from the aid payable to such participating municipality from the
5 court facilities incentive aid fund established by section ninety-four
6 of the state finance law and, then, from the next succeeding payments of
7 state aid apportioned to such participating municipality, as revenue
8 sharing, per capita aid, and any other aid pursuant to section fifty-
9 four of the state finance law and, then, from the next succeeding
10 payments of state aid for any local governmental administrative costs
11 that are reimbursable to the participating municipality pursuant to
12 state law and, then, from the next succeeding payments of state aid from
13 moneys appropriated pursuant to section six hundred eight of the public
14 health law and pursuant to section ten-c of the highway law; provided,
15 however, that the right of the authority to the payment of any amount
16 deducted by the state comptroller pursuant to this section from per
17 capita aid apportioned to the city of New York shall be subject and
18 subordinate to [the rights of the city university construction fund
19 pursuant to section sixty-two hundred seventy-nine of the education
20 law,] the New York city housing development corporation pursuant to
21 section six hundred fifty-six of the private housing finance law, the
22 trustees of the police pension fund pursuant to paragraph e of subdivi-
23 sion seven of section fifty-four of the state finance law, and the
24 municipal assistance corporation for the city of New York pursuant to
25 section three thousand thirty-six-a of this chapter and subdivision one
26 of section ninety-two-e of the state finance law. In order to insure
27 that the amount of rentals and other payments due and unpaid by a
28 participating municipality are paid, the authority on or within thirty
29 days prior to January twenty-fifth, April twenty-fifth, July twenty-
30 fifth and October twenty-fifth of each year shall certify to the state
31 comptroller the amount of rentals and other payments then due and unpaid
32 by each participating municipality pursuant to any lease, sublease or
33 other agreement. The amount required to be deducted by the state comp-
34 troller pursuant to this subdivision shall be deducted from such aid,
35 whether or not the state aid from which such deduction is to be made is
36 then payable to the participating municipality, and thereupon paid to
37 the authority. The amount of state aid payable to such participating
38 municipality shall be reduced by the amount deducted by the state comp-
39 troller notwithstanding the amount appropriated and apportioned by the
40 state to such participating municipality, and the state shall not be
41 obligated to make and the participating municipality shall not be enti-
42 tled to receive any additional apportionment or payment of such state
43 aid. Nothing shall be construed to create an obligation upon the state
44 to appropriate moneys, to preclude the state from reducing the amount of
45 moneys appropriated or level of assistance provided, or to preclude the
46 state from altering or modifying the manner in which it provides for or
47 provides assistance.
48 § 70. Paragraph (c) of subdivision 1, paragraphs (i), (j), (k) and (l)
49 of subdivision 2, and subparagraph (iii) of paragraph (e) of subdivision
50 4 of section 1680-j of the public authorities law, as added by section 1
51 of part MM of chapter 59 of the laws of 2004, are amended to read as
52 follows:
53 (c) Every officer, employee, or member of a governing board or other
54 board of any college or group or association of colleges, and every New
55 York state regent, every officer or employee of the board of regents or
56 the department of education and every trustee, officer or employee of
S. 3174 39
1 the state university of New York [or the city university of New York]
2 shall be ineligible for appointment as a member, representative, offi-
3 cer, employee or agent of the board.
4 (i) "Public college" shall mean each component of the state universi-
5 ty, as defined in subdivision three of section three hundred fifty-two
6 of the education law and in subdivision two of section sixty-three
7 hundred one of the education law [and each senior college and community
8 college of the city university of New York, as defined in subdivisions
9 four and five of section sixty-two hundred two of the education law].
10 (j) "Total academic square footage amount" shall mean an amount equal
11 to the product of (i) 26.25 million dollars for the state university of
12 New York [or 17.5 million dollars for the city university of New York],
13 multiplied by (ii) the eligible college's proportion of the total square
14 footage of academic facilities operated by all components of the state
15 university of New York, as defined in subdivision three of section three
16 hundred fifty-two and in subdivision two of section sixty-three hundred
17 one of the education law [or all senior colleges and community colleges
18 of the city university of New York, as defined in subdivisions four and
19 five of section sixty-two hundred two of the education law, respective-
20 ly].
21 (k) "Total full-time equivalent amount" shall mean an amount equal to
22 the product of (i) 78.75 million dollars for independent colleges or
23 52.5 million dollars for colleges of the state university of New York
24 [or thirty-five million dollars for colleges of the city university of
25 New York,] multiplied by (ii) the eligible college's proportion of the
26 total full-time equivalent students for all eligible independent
27 colleges, all components of the state university of New York, as defined
28 in subdivision three of section three hundred fifty-two and in subdivi-
29 sion two of section sixty-three hundred one of the education law, [or
30 all senior colleges and community colleges of the city university of New
31 York, as defined in subdivisions four and five of section sixty-two
32 hundred two of the education law, respectively,] and calculated from an
33 eligible college's final fall full-time equivalent enrollment for the
34 two thousand three--two thousand four academic year as published by the
35 state education department.
36 (l) "Total TAP expenditure amount" shall mean an amount equal to the
37 product of (i) the product of forty-five percent of one hundred seven-
38 ty-five million dollars for independent colleges or the product of twen-
39 ty-five percent of one hundred five million dollars for colleges of the
40 state university of New York [or the product of twenty-five percent of
41 seventy million dollars for colleges of the city university of New
42 York], multiplied by (ii) an eligible college's proportion of the total
43 funding received under section six hundred sixty-seven of the education
44 law by all eligible independent colleges, all components of the state
45 university of New York, as defined in subdivision three of section three
46 hundred fifty-two and in subdivision two of section sixty-three hundred
47 one of the education law, [or all senior colleges and community colleges
48 of the city university of New York, as defined in subdivisions four and
49 five of section sixty-two hundred two of the education law, respective-
50 ly,] as estimated by the higher education services corporation for the
51 two thousand three-two thousand four academic year.
52 (iii) Whether the project is eligible for funding under the state
53 university [or city university] capital plan;
54 § 71. Subdivision 2 of section 1680-p of the public authorities law,
55 as added by section 2 of part RR of chapter 57 of the laws of 2010, is
56 amended to read as follows:
S. 3174 40
1 2. Notwithstanding any other provision of law to the contrary, in
2 order to assist the authority in undertaking the financing of
3 construction of a state longitudinal data system but not limited to the
4 development and purchase of computer hardware, software, and related
5 equipment, such amount shall include expenses made by the State Univer-
6 sity of New York[, the City University of New York] and the department
7 of education, the director of the budget is hereby authorized to enter
8 into one or more service contracts with the authority, none of which
9 shall exceed thirty years in duration, upon such terms and conditions as
10 the director of the budget and the authority agree, so as to annually
11 provide to the authority, in the aggregate, a sum not to exceed the
12 principal, interest, and related expenses required for such bonds and
13 notes. Any service contract entered into pursuant to this section shall
14 provide that the obligation of the state to pay the amount therein
15 provided shall not constitute a debt of the state within the meaning of
16 any constitutional or statutory provision and shall be deemed executory
17 only to the extent of monies available and that no liability shall be
18 incurred by the state beyond the monies available for such purpose,
19 subject to annual appropriation by the legislature. Any such contract or
20 any payments made or to be made thereunder may be assigned and pledged
21 by the authority as security for its bonds and notes, as authorized by
22 this section.
23 § 72. Subdivision 4-b of section 1682 of the public authorities law,
24 as added by chapter 264 of the laws of 1986, is amended to read as
25 follows:
26 4-b. Any resolution authorizing the issuance of bonds for the purpose
27 of providing facilities for the [city] state university campus located
28 in the city of New York pursuant to a lease, sublease or other agreement
29 entered into by [the city university construction fund and] the dormito-
30 ry authority on or after July first, nineteen hundred eighty-five,
31 refunding any such bonds, or establishing or funding reserves for such
32 bonds shall state the principal amount of bonds being issued in
33 connection with senior college facilities and the principal amount of
34 bonds being issued in connection with community college facilities. The
35 proceeds of such bonds to be applied to the payment of the costs of
36 providing senior college facilities shall be held separate and apart
37 from the proceeds of such bonds to be applied to the payment of the
38 costs of providing community college facilities. The proceeds to be
39 applied to the payment of the costs of providing senior college facili-
40 ties shall not be applied to the payment of the costs of providing
41 community college facilities and the proceeds to be applied to the
42 payment of the costs of providing community college facilities shall not
43 be applied to the payment of the costs of providing senior college
44 facilities.
45 § 73. The section heading and the first undesignated paragraph of
46 section 1699-n of the public authorities law, as amended by chapter 180
47 of the laws of 1984, is amended to read as follows:
48 Designation of small business set-asides at the Medgar Evers college,
49 [city] state university of New York. The chairman has authority to
50 designate as small business set-asides specified commodities, equipment
51 or services or contracts for construction, reconstruction, rehabili-
52 tation or improvement of college facilities for which purchase or work
53 contract have been requested by the board of trustees for the Medgar
54 Evers college, [city] state university of New York under the provisions
55 of this title. The designation shall be made prior to the advertisement
56 for bids as provided by law, and when the advertisement is published it
S. 3174 41
1 shall indicate the purchases which have been designated small business
2 set-asides. To effectuate the purposes of this title, the chairman may
3 exercise this authority whenever there is a reasonable expectation that
4 bids will be obtained from at least three small businesses capable of
5 furnishing the desired property or service at a fair and reasonable
6 price.
7 § 74. Item (i) of subparagraph 2 of paragraph c of subdivision 1 of
8 section 23 of the general municipal law is REPEALED.
9 § 75. Subdivision 4 of section 810 of the general municipal law, as
10 added by chapter 813 of the laws of 1987, is amended to read as follows:
11 4. The term "state agency" shall mean any state department, or divi-
12 sion, board, commission, or bureau of any state department, any public
13 benefit corporation, public authority or commission at least one of
14 whose members is appointed by the governor, or the state university of
15 New York [or the city university of New York], including all [their] its
16 constituent units except community colleges and the independent insti-
17 tutions operating statutory or contract colleges on behalf of the state.
18 § 76. Paragraph c of subdivision 2 and subdivisions 3 and 9 of section
19 140 of the education law, as added by chapter 679 of the laws of 1988,
20 are amended to read as follows:
21 c. "Institutions eligible for historical records program grants".
22 Chartered or incorporated nonprofit archives, libraries, historical
23 societies and museums and other nonprofit institutions in New York state
24 which operate historical records programs and which meet standards to be
25 established by the commissioner pursuant to regulations adopted for such
26 purposes. Institutions operated by state or federal government agencies,
27 and local government archives shall not be eligible for historical
28 records project grants, except that an institution of the state univer-
29 sity of New York [or the city university of New York] may apply for
30 historical records project grants with regard to records other than
31 internal records generated by the institution after July first, nineteen
32 hundred forty-eight if it is a component of the state university of New
33 York [or after July first, nineteen hundred seventy-nine if it is a
34 component of the city university of New York] or after the subsequent
35 date on which the institution became a component of such university.
36 3. Scope of activities to be supported. The commissioner is authorized
37 to provide grants and advice to institutions eligible for historical
38 records programs and cooperative projects, and aid to regional advisory
39 and assistance agencies, the central administration of the state univer-
40 sity of New York [and the central administration of the city university
41 of New York]. Grants shall be used to support the development and admin-
42 istration of historical records programs; the surveying, appraisal,
43 identification, collection, duplication, arrangement, description, and
44 making available of historical records; public and educational program-
45 ming relating to historical records; projects to improve archival tech-
46 niques; and projects to promote the research use of historical records.
47 Aid to regional advisory and assistance agencies shall be used to
48 promote and assist the development of historical records programs. Aid
49 to the central administrations of the state university of New York [and
50 the city university of New York] shall be used to develop guidelines,
51 policies and procedures, training, technical assistance, materials,
52 oversight, retention and disposition schedules for university records,
53 and to promote, guide and direct the component institutions of such
54 universities in the sound administration of archival records.
55 9. Aid for state university of New York [and city university of New
56 York]. To be eligible to receive aid annually, the central adminis-
S. 3174 42
1 tration of the state university of New York [and the central adminis-
2 tration of the city university of New York] shall [each] submit an annu-
3 al workplan acceptable to the commissioner, and, after the first year of
4 receiving aid, a report on activities of the prior year and a five-year
5 plan.
6 § 77. Item (iii) of subparagraph 2 of paragraph a of subdivision 4 of
7 section 140 of the education law is REPEALED.
8 § 78. The section heading and subdivisions 3, 6 and 7 of section 237
9 of the education law, the section heading and subdivision 3 as amended
10 by chapter 186 of the laws of 1977, subdivision 6 as amended and subdi-
11 vision 7 as added by chapter 567 of the laws of 1971, are amended to
12 read as follows:
13 Regents plan for higher education including approved plans of state
14 university [and city university] of New York and plans of independent
15 institutions of higher education.
16 3. The regents shall, once every four years, review the proposed plan
17 and recommendations required to be submitted by the state university
18 trustees pursuant to section three hundred fifty-four of this chapter,
19 the proposed plan and recommendations of the board of higher education
20 in the city of New York required to be submitted pursuant to section
21 sixty-two hundred two of this chapter, and the plans of independent
22 institutions of higher education and, upon approval by the regents of
23 the plans submitted by the state university trustees and the board of
24 higher education, they shall be incorporated into a regents plan or
25 general revision thereof for the development of higher education in the
26 state. Such regents plan shall include the plan and recommendations
27 proposed by the state university trustees and the plan and recommenda-
28 tions proposed by the board of higher education in the city of New York
29 and may include plans with respect to other matters not comprehended
30 within the plan of the state [and city universities] university, includ-
31 ing but not limited to improving institutional management and resources,
32 instruction and guidance programs, financial assistance to students and
33 extension of educational opportunities. In determining the need for
34 additional educational facilities in a particular area, the plans and
35 facilities of existing public and independent institutions shall be
36 fully evaluated. Such statewide plan shall include for information
37 purposes a summary of all recommendations appearing in the prior state-
38 wide plan and subsequent amendments thereof containing a brief statement
39 of action taken and progress toward achievement of each such recommenda-
40 tion.
41 6. Any modification recommended by the state university trustees or by
42 the board of higher education in the city of New York to their respec-
43 tive plans, theretofore formulated and approved pursuant to section
44 three hundred fifty-four or section sixty-two hundred two of this chap-
45 ter shall be reviewed by the regents who may hold one or more hearings
46 thereon after giving due notice thereof. As approved by the regents,
47 such modification shall be made a part of the [respective plans] plan of
48 the state university [and of the city university] and shall, together
49 with any modifications the regents may make to that portion of their
50 plan for the development of higher education in the state not compre-
51 hended in the [plans] plan of the state [and city universities] univer-
52 sity, be transmitted to the governor and the legislature, all of which
53 shall then become effective upon approval by the governor as modifica-
54 tions of the regents plan. By the first day of November in nineteen
55 hundred seventy-four and each fourth year thereafter the regents shall
56 summarize and report to the governor and the legislature any modifica-
S. 3174 43
1 tions made pursuant to this subdivision and shall include in such report
2 a statement on the progress made in implementing the regents plan and
3 their general recommendations with respect to higher education.
4 7. An advisory council on higher education consisting of the chancel-
5 lor of the state university of New York, [the chancellor of the city
6 university of New York,] and a representative of the commission on inde-
7 pendent colleges and universities shall be convened by the commissioner
8 of education and shall advise the regents and the commissioner on all
9 phases of planning.
10 § 79. Subdivisions 2, 4 and 5 of section 239-a of the education law,
11 as added by chapter 8 of the laws of 2009, are amended to read as
12 follows:
13 2. The administration of the individual state [and city universities]
14 university and colleges and every public or private college, community
15 college or university within the state, are hereby authorized to facili-
16 tate a campus-wide charitable donation program for local area not-for-
17 profit organizations utilizing students' residual consumer goods. The
18 administration:
19 a. shall designate a collection area for students to drop-off their
20 unused or surplus goods two weeks before the end of the school year;
21 b. shall either develop a direct donation program of the residual
22 consumer goods or organize a charitable event to collect residual
23 consumer goods and donate such goods to local not-for-profit organiza-
24 tions; and
25 c. may involve student organizations for the implementation of the
26 program.
27 4. In the event that there is no viable local not-for-profit organiza-
28 tion able to accept the residential consumer goods collected, the admin-
29 istration of the individual state [or city] university or college or
30 public or private college, community college or university within the
31 state may organize a campus-wide sale of such goods. The profits of such
32 sale may be dedicated by the student organizations or by the individual
33 state [or city university] or college or public or private college,
34 community college or university facilitating the program to a local
35 not-for-profit organization.
36 5. The administration of any individual state [or city] university or
37 college or public or private college, community college or university
38 may grant credit to student members of organizations involved with the
39 program, pursuant to subdivision two of this section, in the amount and
40 form that such administration deems appropriate.
41 § 80. Paragraph c of subdivision 1 of section 239-a of the education
42 law is REPEALED.
43 § 81. Paragraph g of subdivision 1 and paragraph c of subdivision 5 of
44 section 273 of the education law, as amended by section 3 of part O of
45 chapter 57 of the laws of 2005, are amended to read as follows:
46 g. In addition to the sums otherwise provided in paragraphs a, b, c,
47 d, e, f, h and i of this subdivision, the New York Public Library shall
48 receive an amount equal to its actual expenditures for books, period-
49 icals and binding for its research libraries which expenditures are not
50 otherwise reimbursed or seven hundred sixty-seven thousand dollars,
51 whichever is less, and the additional sum of five million six hundred
52 forty-nine thousand six hundred dollars for the general support of such
53 research libraries. In addition to any other sums provided to such
54 library, the sum of two million dollars shall be payable annually to the
55 New York Public Library for the general support of library services
56 provided by the New York Public Library to the students of the [City
S. 3174 44
1 University] state university of New York and the sum of one million
2 dollars shall be payable annually to the New York Public Library for the
3 general support of its science, industry and business library.
4 c. Funds for the support of this program shall be appropriated to the
5 department, except that funds for the state-operated institutions of the
6 state university of New York [and the senior colleges of the city
7 university of New York], shall be appropriated to the state university
8 of New York out of any moneys in the state treasury in the general fund
9 to the credit of the state purposes fund not otherwise appropriated,
10 [and funds shall be appropriated to the city university of New York out
11 of any moneys in the state treasury in the general fund to the credit of
12 the local assistance fund not otherwise appropriated,] and shall be
13 subject to the same distribution formula as provided in paragraph b of
14 this subdivision.
15 § 82. Subdivision 12-a of section 305 of the education law, as added
16 by section 4 of part A of chapter 57 of the laws of 2007, is amended to
17 read as follows:
18 12-a. The commissioner shall evaluate the effectiveness of all teacher
19 preparation programs in the state, and the timelines and costs of devel-
20 oping or modifying data systems to collect the necessary data. Such
21 study shall consider measuring the effectiveness of such programs based
22 on the academic performance of their students and graduates and through
23 other measures. The commissioner shall consult with the chancellors of
24 the state university of New York [and the city university of New York,]
25 and other representatives of institutions of higher education. Upon
26 completion of such study, the commissioner shall make recommendations to
27 the board of regents on implementation of such methodologies.
28 § 83. Item (iii) of subparagraph 4 of paragraph h of subdivision 2 of
29 section 355 of the education law, as amended by chapter 260 of the laws
30 of 2011, is amended to read as follows:
31 (iii) The state shall appropriate annually and make available general
32 fund operating support, including fringe benefits, for the state univer-
33 sity in an amount not less than the amount appropriated and made avail-
34 able to the state university in state fiscal year two thousand eleven--
35 two thousand twelve. Beginning in state fiscal year two thousand
36 twelve-two thousand thirteen and thereafter, the state shall appropriate
37 and make available general fund operating support, including fringe
38 benefits, for the state university in an amount not less than the amount
39 appropriated and made available in the prior state fiscal year;
40 provided, however, that if the governor declares a fiscal emergency, and
41 communicates such emergency to the temporary president of the senate and
42 speaker of the assembly, state support for operating expenses at the
43 state university [and city university] may be reduced in a manner
44 proportionate to one another, and the aforementioned provisions shall
45 not apply.
46 § 84. Paragraph a of subdivision 1 of section 358 of the education
47 law, as amended by chapter 340 of the laws of 1969, is amended to read
48 as follows:
49 a. Medical schools, dental schools, research centers and similar
50 institutions or facilities operating specified training or research
51 programs or projects pursuant to contracts with the state university.
52 [The state university is hereby authorized to enter into such contracts
53 with the city university of New York.] The acceptance of any such
54 financial assistance or the making of any such contract by or on behalf
55 of a medical school, dental school, research center or similar institu-
56 tion or facility shall not subject it or its programs to supervision,
S. 3174 45
1 control or regulation by the state university trustees except to the
2 extent that such supervision, control or regulation are expressly stated
3 in the contract.
4 § 85. Subdivisions 4 and 5 of section 399 of the education law, as
5 amended by chapter 557 of the laws of 1995, are amended to read as
6 follows:
7 4. The board of trustees of state university with respect to the state
8 university and the community colleges[, and the board of trustees of the
9 city university with respect to employees of the city university of New
10 York,] shall designate the insurer or insurers from which such annuity
11 contracts or in the case of custodial accounts, the company or companies
12 from whom regulated investment company shares shall be purchased. In
13 making such designation, due consideration shall be given to (a) the
14 nature and extent of the rights and benefits to be provided by contracts
15 for such special annuity or custodial account for employees and their
16 beneficiaries, (b) the relation of such rights and benefits to the
17 amount of contributions to be made for such contracts, (c) the suitabil-
18 ity of such rights and benefits to the needs and interests of employees,
19 and to the interests of employers in the employment and retention of
20 employees, and (d) the authority and ability of the designated insurer
21 or insurers or designated company or companies to provide rights and
22 benefits under such contracts or custodial accounts.
23 5. The board of trustees of state university, with respect to the
24 state university and the community colleges, [and the board of trustees
25 of the city of New York with respect to the city university,] are hereby
26 authorized to provide for the administration of a program for the
27 purchase of such special annuities or establishment of custodial
28 accounts, and to perform or authorize the performance of such functions
29 as may be necessary for such purpose in accordance with this section.
30 § 86. Subdivision 4 of section 601 of the education law, as amended by
31 chapter 466 of the laws of 1977, is amended to read as follows:
32 4. "Approved program", for the purpose of determining a student's
33 eligibility for awards provided in articles thirteen and fourteen of
34 this chapter and subject to specific modification by sections of such
35 articles, shall mean the following programs of study approved by the
36 commissioner pursuant to this article in accordance with rules of the
37 board of regents and registered by the [state education] department in
38 accordance with regulations of the commissioner or, where applicable,
39 registered by the state department of health and forwarded to the state
40 education department: (1) collegiate level programs leading to a degree,
41 or programs leading to a diploma or certificate that are fully credita-
42 ble towards a degree program in that institution; (2) study and training
43 programs offered by a hospital school, a community college, a unit of
44 the state university of New York, [a unit of the city university of New
45 York,] or an institution chartered by the regents or by the legislature
46 for the purpose of granting degrees, leading to licensure as a profes-
47 sional registered or practical nurse or to certification in an area of
48 medical or health technology; and (3) two-year programs offered in a
49 registered private business school.
50 § 87. Subparagraph 1 of paragraph a of subdivision 6 of section 610 of
51 the education law, as added by chapter 425 of the laws of 1988, is
52 amended to read as follows:
53 (1) If the recipient attends an institution [of the city university of
54 New York or an institution] of the state university of New York other
55 than the statutory colleges at Cornell, the college of environmental
56 science and forestry at Syracuse and the college of ceramics at Alfred,
S. 3174 46
1 the annual scholarship award shall be an amount equal to the non-tuition
2 cost of attendance at such institution or college reduced by (i) the
3 amount of a Pell grant and (ii) the amount of such other state and
4 federal scholarships and grants, other than tuition assistance or
5 supplemental tuition assistance received under this chapter, which do
6 not require repayment, awarded to the recipient for the cost of attend-
7 ance at the institution being attended, as reported to the president;
8 provided, however, that such scholarship shall be reduced one dollar for
9 every three dollars of income in excess of eighteen thousand dollars of
10 income; or
11 § 88. Section 611 of the education law, as added by chapter 425 of the
12 laws of 1988, is amended to read as follows:
13 § 611. Liberty scholarship advisory committee. There is hereby
14 created a liberty scholarship advisory committee, which shall consist of
15 eleven persons appointed by the governor, two of whom shall be upon the
16 recommendation of the president pro tem of the senate and two of whom
17 shall be upon the recommendation of the speaker of the assembly. Such
18 members shall serve at the pleasure of the governor, except that those
19 recommended by other authorities shall serve at the pleasure of such
20 recommending authorities, and shall include, but not be limited to,
21 representatives of secondary schools, business and industry, labor and
22 nonprofit or voluntary organizations. In addition to such eleven
23 members, the president of the higher education services corporation, the
24 commissioner of education, the chancellor of the state university of New
25 York[, the chancellor of the city university of New York] and the presi-
26 dent of the commission of independent colleges and universities shall
27 serve on the committee as ex-officio members. The governor shall desig-
28 nate one member to serve as chairperson of the committee. No later than
29 April first, nineteen hundred eighty-nine, such committee shall prepare
30 a plan that (i) identifies counseling and support services for students
31 available from institutions of higher education, secondary schools,
32 government agencies, business and industry, labor, nonprofit organiza-
33 tions and volunteers and (ii) proposes ways in which such counseling and
34 support services can be coordinated to promote continuity of counseling
35 and support. In addition, the advisory committee shall make recommenda-
36 tions as to the implementation of such plan and shall periodically
37 report on the degree to which such plan has been successfully imple-
38 mented. The president, commissioner and the chancellors of the public
39 universities shall make available personnel to act as staff for the
40 committee. The members of the committee shall receive no compensation
41 for their services, but shall be entitled to reimbursement for their
42 actual and necessary expenses incurred in the performance of their
43 duties.
44 § 89. Subdivisions 3 and 8 of section 652 of the education law, subdi-
45 vision 3 as amended by chapter 339 of the laws of 2010 and subdivision 8
46 as added by chapter 193 of the laws of 1989, are amended to read as
47 follows:
48 3. The corporation shall be governed and all of its corporate powers
49 exercised by a board of trustees which shall consist of fifteen members,
50 nine of whom shall be appointed by the governor with the advice and
51 consent of the senate. The members not requiring the advice and consent
52 of the senate shall be the commissioner of education, the chancellor of
53 the state university, [the chancellor of the city university of the city
54 of New York,] and [three] two students. One such student shall be the
55 president of the student assembly of the state university of New York[,
56 one such student shall be the chair of the united student senate of city
S. 3174 47
1 university of New York,] and one such student shall be a student regis-
2 tered in a full time course of study at a state university community
3 college. In the event a student who shall be a member by reason of his
4 or her office in a student organization shall fail to qualify, the
5 student who holds the next highest office in the organization shall be
6 the member of the board.
7 8. The commissioner of education[,] and the chancellor of the state
8 university [and the chancellor of the city university] each may, by
9 official authority filed in his or her respective department or univer-
10 sity, and with the secretary of the board, designate an officer of his
11 or her respective department or university to represent and exercise all
12 the powers of such commissioner or chancellor as the case may be at all
13 meetings of the board from which such commissioner or chancellor may be
14 absent.
15 § 90. Subdivision 6 of section 653 of the education law, as amended by
16 chapter 916 of the laws of 1977, is amended to read as follows:
17 6. To appoint an advisory council to consist of three student finan-
18 cial aid officers from public institutions of higher education, three
19 student financial aid officers from private institutions of higher
20 education, three representatives of banking institutions within the
21 state, and four students, [one] two of whom shall be [a student]
22 students registered in a full time course of study at an institution of
23 the state university, [one of whom shall be a student registered in a
24 full time course of study at an institution of the city university of
25 the city of New York,] one of whom shall be a student registered in a
26 full time course of study at an independent institution of higher educa-
27 tion within the state, and one of whom shall be a student registered in
28 a full time course of study at a community college located outside of
29 the city of New York, to assist the corporation on a regular basis in
30 carrying out its purposes. The four student members shall be appointed
31 after consultation with and recommendations from appropriate student
32 organizations. Appointments shall be for a period of three years, except
33 that of the student members which shall be for one year, and except that
34 of the members first appointed from public institutions of higher educa-
35 tion and of the members first appointed from private institutions of
36 higher learning and of the members first appointed from banking insti-
37 tutions, respectively, one shall be appointed for a term of one year
38 beginning July first, nineteen hundred seventy-five and ending June
39 thirtieth, nineteen hundred seventy-six, one shall be appointed for a
40 term of two years beginning July first, nineteen hundred seventy-five
41 and ending June thirtieth, nineteen hundred seventy-seven and one shall
42 be appointed for a term of three years beginning July first, nineteen
43 hundred seventy-five and ending June thirtieth, nineteen hundred seven-
44 ty-eight. Any members whose employment or student status ceases to
45 conform to the above requirements shall be required to resign. Vacancies
46 shall be filled for the unexpired term in the same manner as original
47 appointments.
48 § 91. Subdivision 3 of section 666 of the education law, as amended by
49 chapter 286 of the laws of 1986, is amended to read as follows:
50 3. Participating institutions. Institutions which offer undergraduate
51 degrees and participate in the tuition assistance program are eligible
52 to participate in the tuition award for part-time students program,
53 pursuant to this section provided, however, that the tuition for the
54 program in which a student is enrolled totals at least one hundred
55 dollars a year. Eligible institutions shall apply to the corporation to
56 participate in such program on applications postmarked on or before the
S. 3174 48
1 fifteenth day of June, such applications having been postmarked by the
2 corporation to all eligible institutions on or before the fifteenth day
3 of May. The department shall provide the enrollment data upon which the
4 institutional allocation of funds will be based to the corporation on or
5 before the first day of May. The corporation shall notify participating
6 institutions of the institutional allocation of funds on or before the
7 fifteenth day of July. Notwithstanding the manner and extent in which
8 allocations of funds for awards are made under this subdivision to
9 institutions which form a part of the state university of New York [or
10 the city university of New York], the chancellor of [either] such
11 university may reallocate and distribute any unexpended portion of the
12 allocation of an institution of such university to any other institution
13 of such university to which an allocation is made hereunder. Notwith-
14 standing the manner and extent in which allocations of funds for awards
15 are made under this subdivision to independent institutions of higher
16 education, the president may reallocate and distribute any unexpended
17 portion of the allocation of such an institution to any other such
18 institution to which an allocation is made hereunder. Written notice of
19 such reallocation and distribution shall be given to the corporation by
20 such chancellor or commissioner in accordance with the rules of the
21 board.
22 § 92. Subdivision 1 and paragraph a of subdivision 2 of section 667-c
23 of the education law, as added by section 1 of part N of chapter 58 of
24 the laws of 2006, are amended to read as follows:
25 1. Notwithstanding any law, rule or regulation to the contrary, the
26 president of the higher education services corporation is authorized to
27 make tuition assistance program awards to part-time students enrolled at
28 the state university, a community college, [the city university of New
29 York,] and a non-profit college or university incorporated by the
30 regents or by the legislature who meet all requirements for tuition
31 assistance program awards except for the students' part-time attendance.
32 a. enrolled as a first-time freshman during the two thousand six--two
33 thousand seven academic year or thereafter at a college or university
34 within the state university, including a statutory or contract college,
35 a community college established pursuant to article one hundred twenty-
36 six of this chapter, [the city university of New York,] or a non-profit
37 college or university incorporated by the regents or by the legislature;
38 § 93. Subparagraph 1 of paragraph (a) of subdivision 2 of section
39 668-d of the education law, as added by chapter 176 of the laws of 2002,
40 is amended to read as follows:
41 (1) If the recipient attends an institution of the [city university of
42 New York or an institution of the] state university of New York other
43 than the statutory colleges at Cornell, the college of environmental
44 science and forestry at Syracuse and the college of ceramics at Alfred,
45 the annual award shall be an amount equal to: the tuition charged at
46 such institution provided that, notwithstanding any provision of law to
47 the contrary, the tuition charged to award recipients shall not exceed
48 that charged to state resident students attending such institution; the
49 mandatory fees charged at such institution; and the non-tuition cost of
50 attendance at such institution or college, provided that the scholarship
51 shall not exceed an amount that is equal to the total cost of attendance
52 determined for federal Title IV student financial aid purposes, less all
53 other scholarships and grants provided by New York state, other states,
54 the federal government, or other governments, and the amount of educa-
55 tional benefits paid under any program that would duplicate the purposes
56 of this program, provided that any scholarships or grants provided to a
S. 3174 49
1 recipient by the institution which are intended to fund any portion of
2 the difference between the annual state award and the actual costs of
3 attendance at any such institution shall not be considered to duplicate
4 the purposes of this program; or
5 § 94. Subdivision 1 of section 689-a of the education law, as added by
6 chapter 260 of the laws of 2011, is amended to read as follows:
7 1. The New York state higher education services corporation shall
8 calculate a tuition credit for each resident undergraduate student who
9 has filed an application with such corporation for a tuition assistance
10 program award pursuant to section six hundred sixty-seven of this arti-
11 cle, and is determined to be eligible to receive such award, and is also
12 enrolled in a program of undergraduate study at a state operated or
13 senior college of the state university of New York [or the city univer-
14 sity of New York] where the annual resident undergraduate tuition rate
15 will exceed five thousand dollars. Such tuition credit shall be calcu-
16 lated for each semester, quarter or term of study that tuition is
17 charged and tuition for the corresponding semester, quarter or term
18 shall not be due for any student eligible to receive such tuition credit
19 until such credit is calculated, the student and school where the
20 student is enrolled is notified of the tuition credit amount, and such
21 tuition credit is applied toward the tuition charged.
22 § 95. Section 2590-k of the education law, as added by chapter 330 of
23 the laws of 1969, is amended to read as follows:
24 § 2590-k. Contracts with [city] state university of New York for
25 administration of high schools. 1. The city board and the [city] state
26 university of New York are hereby authorized and empowered to enter into
27 a contract or contracts whereby such university will administer not more
28 than five high schools under the jurisdiction of the city board selected
29 from among those schools which exhibit the greatest degree of disadvan-
30 tage as measured by such factors as the proportion of students earning
31 general diplomas, the percentage of students reading below grade level,
32 the attrition rate, the proportion of students residing in officially
33 designated poverty areas, and similar measures.
34 2. Such contract may provide for the delegation by the city board of
35 any of its functions, powers, and duties or of a community board, or
36 those of the chancellor or a community superintendent, in connection
37 with the operation of such high schools, to the [city] state university
38 of New York, except the power to appoint or terminate the employment of
39 any employee. The terms and conditions of employment shall continue to
40 remain under the jurisdiction of the city board.
41 3. The provisions of section sixty-two hundred nine of this chapter
42 with respect to the apportionment of public school moneys shall be
43 applicable to the high schools included in any such contract or
44 contracts.
45 § 96. This act shall take effect on the first of July next succeeding
46 the date on which it shall have become a law; provided however, the
47 amendments to section 310 of the executive law made by section nine of
48 this act shall not affect the expiration of such section and shall be
49 deemed to expire therewith; provided further that the amendments to the
50 undesignated paragraph of section 1680 of the public authorities law
51 made by section sixty-six of this act shall not affect the repeal of
52 such paragraph and shall be deemed repealed therewith; provided further
53 that the amendments to subparagraph four of paragraph h of subdivision 2
54 of section 355 of the education law, made by section eighty-three of
55 this act shall not affect the expiration of such subparagraph and shall
56 be deemed to expire therewith; provided further that the amendments to
S. 3174 50
1 section 689-a of the education law made by section ninety-four of this
2 act shall not affect the repeal of such section and shall be deemed to
3 be repealed therewith.
