Bill Text: NY A09299 | 2011-2012 | General Assembly | Introduced

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Bill Title: Relates to the powers and duties of councils of state-operated institutions in relation to the closure of certain academic programs, campus or buildings of such institutions; requires a draft report not less than six months and public hearings not less than four months before the proposed closure of any academic program, campus or building of a state-operated institution.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-02-14 - referred to higher education [A09299 Detail]

Download: New_York-2011-A09299-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9299
                                 I N  A S S E M B L Y
                                   February 14, 2012
                                      ___________
       Introduced by M. of A. THIELE -- read once and referred to the Committee
         on Higher Education
       AN  ACT to amend the education law, in relation to the powers and duties
         of councils of state-operated institutions in relation to the  closure
         of academic programs, campus or buildings of such institutions
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 356 of the education law is amended by adding a new
    2  subdivision 4 to read as follows:
    3    4. A. NOT LESS THAN SIX MONTHS BEFORE  THE  PROPOSED  CLOSURE  OF  ANY
    4  ACADEMIC  PROGRAM,  CAMPUS, OR BUILDING OF A STATE-OPERATED INSTITUTION,
    5  THE COUNCIL SHALL ISSUE A DRAFT REPORT THAT PROVIDES  THE  JUSTIFICATION
    6  AND RATIONALE FOR SUCH CLOSURE INCLUDING, BUT NOT LIMITED TO:
    7    (1) A FULL DESCRIPTION OF THE ACADEMIC PROGRAM, CAMPUS, OR BUILDING;
    8    (2) THE PURPOSES THAT THE ACADEMIC PROGRAM, CAMPUS, OR BUILDING SERVES
    9  TO THE PEOPLE OF THE STATE;
   10    (3)  A  COMPARISON OF THE ECONOMIC IMPACTS OF CLOSURE VERSUS CONTINUED
   11  OPERATION OF SUCH ACADEMIC PROGRAM, CAMPUS, OR BUILDING  TO  THE  STATE,
   12  LOCAL GOVERNMENTS, SURROUNDING COMMUNITIES, AND THE PUBLIC;
   13    (4)  AN  ANALYSIS OF THE POTENTIAL HARM TO SUCH CLOSURE OF SUCH CAMPUS
   14  OR BUILDING FROM VANDALISM, LACK  OF  MANAGEMENT  AND  MAINTENANCE,  AND
   15  OTHER IMPACTS FROM THE LACK OF REGULAR OVERSIGHT;
   16    (5)  THE  IMPACT  OF  SUCH  PROPOSED CLOSURE OR TRANSFER ON THE ENTIRE
   17  UNIVERSITY SYSTEM;
   18    (6) AN ANALYSIS OF ALTERNATIVE  ACTIONS  THAT  MAY  BE  TAKEN  BY  THE
   19  STATE-OPERATED INSTITUTION TO INSURE THE CONTINUED FULL OPERATION OF THE
   20  ACADEMIC PROGRAM, CAMPUS, OR BUILDING; AND
   21    (6)  SUCH OTHER FACTORS THAT ARE PARTICULARLY RELEVANT TO THE ACADEMIC
   22  PROGRAM, CAMPUS, OR BUILDING.
   23    B. NOT LESS THAN FOUR  MONTHS  BEFORE  THE  PROPOSED  CLOSURE  OF  THE
   24  ACADEMIC  PROGRAM, CAMPUS, OR BUILDING, THE COUNCIL SHALL PROVIDE PUBLIC
   25  NOTICE OF AND CONDUCT ONE OR MORE PUBLIC HEARINGS, INCLUDING ONE IN  THE
   26  IMPACTED  AREA OF THE PROPOSED CLOSURE. EACH PUBLIC HEARING SHALL ACCEPT
   27  WRITTEN STATEMENTS IN LIEU OF AN ORAL PRESENTATION. UPON  CONCLUSION  OF
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13528-01-1
       A. 9299                             2
    1  THE PUBLIC HEARINGS ON A CLOSURE, THE COUNCIL SHALL ISSUE A FINAL REPORT
    2  WHICH  INCLUDES  THE  RESPONSE  ON ALL ISSUES RAISED AT THE HEARINGS AND
    3  INFORMATION ENTERED INTO THE HEARING RECORD. SUCH FINAL REPORT SHALL  BE
    4  MADE  AVAILABLE  AND  DISTRIBUTED TO THE PUBLIC. THE COUNCIL SHALL ISSUE
    5  AND SUBMIT TO THE GOVERNOR,  THE  STATE  UNIVERSITY  TRUSTEES,  AND  THE
    6  LEGISLATURE  THE  FINAL REPORT AND A FINDINGS STATEMENT ON EACH PROPOSED
    7  CLOSURE THAT PROVIDES THE JUSTIFICATION FOR  SUCH  CLOSURE  OR,  IN  THE
    8  ALTERNATIVE,  THE  INFORMATION  THAT SUPPORTS THE CONTINUED OPERATION OF
    9  THE ACADEMIC PROGRAM, CAMPUS, OR BUILDING.
   10    C. NO ACADEMIC PROGRAM, CAMPUS, OR BUILDING SHALL BE CLOSED UNTIL  THE
   11  STATE  LEGISLATURE  SHALL  HAVE  BEEN IN RECEIPT OF THE FINAL REPORT AND
   12  FINDINGS STATEMENT AND  THE  STATE  LEGISLATURE  SHALL  HAVE  ADOPTED  A
   13  CONCURRENT RESOLUTION AUTHORIZING SUCH CLOSURE OR TRANSFER.
   14    D.  THE  CLOSURE OF ANY CAMPUS OR BUILDING SHALL CONSTITUTE A TYPE ONE
   15  ACTION PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW.
   16    S 2. This act shall take effect immediately.