Bill Text: NY A05000 | 2009-2010 | General Assembly | Introduced
Bill Title: Provides for minimum levels of appropriations for operating expenses to the state university of New York, city university of New York and community colleges to be based on appropriations in past fiscal years.
Spectrum: Partisan Bill (Democrat 23-0)
Status: (Introduced - Dead) 2010-01-06 - referred to higher education [A05000 Detail]
Download: New_York-2009-A05000-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5000
2009-2010 Regular Sessions
I N A S S E M B L Y
February 10, 2009
___________
Introduced by M. of A. GLICK, JACOBS, TITONE, CYMBROWITZ, GOTTFRIED,
JAFFEE -- Multi-Sponsored by -- M. of A. ABBATE, CLARK, COLTON,
CUSICK, EDDINGTON, GABRYSZAK, GUNTHER, JOHN, MAISEL, McENENY, MILLMAN,
PERRY, PHEFFER, REILLY, ROSENTHAL, SWEENEY, TOWNS, WEISENBERG -- read
once and referred to the Committee on Higher Education
AN ACT to amend the education law, in relation to minimum state appro-
priations to the state university of New York, city university of New
York and community colleges
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 S 352-B. MINIMUM LEVEL OF STATE APPROPRIATIONS TO THE STATE UNIVERSITY
4 OF NEW YORK. NOTWITHSTANDING THE PROVISIONS OF ANY LAW TO THE CONTRARY,
5 IN ANY STATE FISCAL YEAR THE MINIMUM LEVEL OF STATE APPROPRIATIONS TO
6 THE STATE UNIVERSITY OF NEW YORK FOR OPERATING EXPENSES SHALL BE EQUAL
7 TO THE TOTAL AVERAGE OF STATE APPROPRIATIONS TO THE STATE UNIVERSITY OF
8 NEW YORK FOR OPERATING EXPENSES IN THE PRECEDING THREE STATE FISCAL
9 YEARS OR THE TOTAL STATE APPROPRIATIONS FOR OPERATING EXPENSES TO SUCH
10 UNIVERSITY FOR THE PRECEDING STATE FISCAL YEAR, WHICHEVER IS GREATER.
11 STATE APPROPRIATIONS TO THE STATE UNIVERSITY OF NEW YORK FOR OPERATING
12 EXPENSES IN ANY STATE FISCAL YEAR SHALL NOT BE LESS THAN THE PRECEDING
13 STATE FISCAL YEAR. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIB-
14 IT STATE APPROPRIATIONS FOR OPERATING EXPENSES TO THE STATE UNIVERSITY
15 OF NEW YORK TO EXCEED THE MINIMUM LEVEL OF STATE APPROPRIATIONS FOR
16 OPERATING EXPENSES TO SUCH UNIVERSITY AS PROVIDED FOR IN THIS SECTION.
17 S 2. The education law is amended by adding a new section 6216-a to
18 read as follows:
19 S 6216-A. MINIMUM LEVEL OF STATE APPROPRIATIONS TO THE CITY UNIVERSITY
20 OF NEW YORK. NOTWITHSTANDING THE PROVISIONS OF ANY LAW TO THE CONTRARY,
21 IN ANY STATE FISCAL YEAR THE MINIMUM LEVEL OF STATE APPROPRIATIONS TO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03492-01-9
A. 5000 2
1 THE CITY UNIVERSITY OF NEW YORK FOR OPERATING EXPENSES SHALL BE EQUAL TO
2 THE TOTAL AVERAGE OF STATE APPROPRIATIONS TO THE CITY UNIVERSITY OF NEW
3 YORK FOR OPERATING EXPENSES IN THE PRECEDING THREE STATE FISCAL YEARS OR
4 THE TOTAL STATE APPROPRIATIONS FOR OPERATING EXPENSES TO SUCH UNIVERSITY
5 FOR THE PRECEDING STATE FISCAL YEAR, WHICHEVER IS GREATER. STATE APPRO-
6 PRIATIONS TO THE CITY UNIVERSITY OF NEW YORK FOR OPERATING EXPENSES IN
7 ANY STATE FISCAL YEAR SHALL NOT BE LESS THAN THE PRECEDING STATE FISCAL
8 YEAR. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT STATE
9 APPROPRIATIONS FOR OPERATING EXPENSES TO THE CITY UNIVERSITY OF NEW YORK
10 TO EXCEED THE MINIMUM LEVEL OF STATE APPROPRIATIONS FOR OPERATING
11 EXPENSES TO SUCH UNIVERSITY AS PROVIDED FOR IN THIS SECTION.
12 S 3. Subdivision 2 of section 6301 of the education law, as amended by
13 chapter 552 of the laws of 1984, is amended to read as follows:
14 2. "Community colleges." Colleges established and operated AS FULL
15 OPPORTUNITY COMMUNITY COLLEGES pursuant to the provisions of this arti-
16 cle, either individually or jointly, by counties, cities, intermediate
17 school districts, school districts approved by the state university
18 trustees, or individually by community college regions approved by the
19 state university trustees, and providing two-year post secondary
20 programs pursuant to regulations prescribed by the state university
21 trustees and receiving financial assistance from the state therefor.
22 S 4. Section 6301 of the education law is amended by adding a new
23 subdivision 2-a to read as follows:
24 2-A. "FULL OPPORTUNITY COMMUNITY COLLEGE." ALL COMMUNITY COLLEGES
25 OPERATING IN THIS STATE THAT ARE MAINTAINED AS OPEN ACCESS CAMPUSES BY
26 ESTABLISHING A POLICY OF OFFERING ACCEPTANCE IN AN APPROPRIATE PROGRAM
27 OF THE COLLEGE TO ALL APPLICANTS RESIDING IN THE SPONSORSHIP AREA WHO
28 GRADUATED FROM HIGH SCHOOL OR WHO HAVE EARNED THE EQUIVALENT WITHIN THE
29 PRIOR YEAR AND TO APPLICANTS WHO ARE HIGH SCHOOL GRADUATES OR WHO HAVE
30 EARNED THE EQUIVALENT AND WHO WERE RELEASED FROM ACTIVE DUTY WITH THE
31 ARMED FORCES OF THE UNITED STATES WITHIN THE PRIOR YEAR.
32 S 5. Paragraph a of subdivision 1 of section 6302 of the education
33 law, as amended by chapter 552 of the laws of 1984, is amended to read
34 as follows:
35 a. Establish a FULL OPPORTUNITY community college AS DEFINED IN
36 SECTION SIXTY-THREE HUNDRED ONE OF THIS ARTICLE.
37 S 6. Subdivision 3 of section 6302 of the education law, as amended by
38 chapter 552 of the laws of 1984, is amended to read as follows:
39 3. In the city of New York, the board of education, with the approval
40 of the state university trustees, may act as a local sponsor in the
41 establishment and operation, as a FULL OPPORTUNITY community college,
42 of a post secondary technical vocational training institution which is
43 partly supported by such board of education and partly supported by an
44 educational foundation for an industry chartered by the board of
45 regents. In addition to the community college programs and curricula
46 authorized by this article, the institution may offer such baccalau-
47 reate, masters degree programs and curricula in support of its mission,
48 in accordance with standards and regulations prescribed by the state
49 university trustees, as may be authorized pursuant to the provisions of
50 the master plan. Notwithstanding any other provision of law, the insti-
51 tution shall be financed and administered in the manner provided for
52 community colleges.
53 S 7. Paragraph a of subdivision 1 of section 6304 of the education
54 law, as amended by chapter 552 of the laws of 1984, is amended to read
55 as follows:
A. 5000 3
1 a. [State] NOTWITHSTANDING THE PROVISIONS OF ANY OTHER GENERAL,
2 SPECIAL OR LOCAL LAW, RULE OR REGULATION TO THE CONTRARY, STATE finan-
3 cial aid shall be [one-third of the amount of operating costs, as
4 approved by the state university trustees. Operating costs shall not
5 include any payment of debt service or rentals or other payments by a
6 local sponsor to the dormitory authority pursuant to any lease, sublease
7 or other agreement entered into between the dormitory authority and a
8 local sponsor. Such aid for a college shall, however, be] for two-fifths
9 of operating costs for any fiscal year of the college [during which it
10 is implementing]. OPERATING COSTS SHALL NOT INCLUDE ANY PAYMENT OF DEBT
11 SERVICE OR RENTALS OR OTHER PAYMENTS BY A LOCAL SPONSOR TO THE DORMITORY
12 AUTHORITY PURSUANT TO ANY LEASE, SUBLEASE OR OTHER AGREEMENT ENTERED
13 INTO BETWEEN THE DORMITORY AUTHORITY AND A LOCAL SPONSOR. ALL COMMUNITY
14 COLLEGES SHALL IMPLEMENT a program of full opportunity AND SHALL BE
15 MAINTAINED AS OPEN ACCESS CAMPUSES TO ALL STUDENTS WITH A HIGH SCHOOL
16 DIPLOMA OR ITS EQUIVALENCY provided a plan OF SUCH PROGRAM OF FULL
17 OPPORTUNITY has been approved by the state university trustees. Such
18 plan, which shall be submitted by the college only after approval by the
19 board of trustees and the local sponsor or sponsors, shall
20 (i) establish a policy of offering acceptance in an appropriate
21 program of the college to all applicants residing in the sponsorship
22 area who graduated from high school OR WHO HAVE EARNED THE EQUIVALENT
23 within the prior year and to applicants who are high school graduates OR
24 WHO HAVE EARNED THE EQUIVALENT and who were released from active duty
25 with the armed forces of the United States within the prior year;
26 (ii) provide for full implementation of such policy by the fall semes-
27 ter of [nineteen hundred seventy] TWO THOUSAND TEN or, if the college
28 demonstrates to the state university trustees that full implementation
29 by such time would not be feasible and in the best interests of the
30 college, provide for a timetable to achieve such full implementation
31 within five years which provides for substantial growth in registration
32 each year;
33 (iii) make provision for and contain adequate assurances of the
34 expenditure of funds by the sponsor or sponsors at a level pursuant to
35 state university regulations, at least that necessary to implement the
36 plan;
37 (iv) provide for adequate programs of remediation, instruction and
38 [counselling] COUNSELING to meet the needs of all students to be served
39 by the college. The trustees may require periodic reports or certif-
40 ications from colleges which have submitted plans which have been
41 approved and may, in appropriate cases, [revoke such approval] TAKE
42 NECESSARY ACTIONS TO ENSURE THAT A COLLEGE COMPLIES WITH THE PROVISIONS
43 OF THIS PARAGRAPH in case a college is in default of implementing its
44 plan.
45 S 8. This act shall take effect on the first of January next succeed-
46 ing the date on which it shall have become a law.
