Relates to state support for operating expenses of the state university of New York and the city university of New York

1 Co-sponsor

• John J. Bonacic

Title of bill

An act to amend the education law, in relation to state support for operating expenses of the state university of New York and city university of New York

Purpose

To extend and make permanent the maintenance of effort provision put forth in 2011 for the State University of New York and City University of New York.

Summary of provisions

Section 1. Amends the education law section 355(2)(h)(4)(iii) to provide that for every subsequent state fiscal year after 2015-2016, the State shall appropriate and make available general fund operating support, including fringe benefits, for the State University of New York (SUNY) in an amount not less than the amount appropriated and made available in the prior fiscal year. This would further provide that if the Governor declares a fiscal emergency an communicates such emergency to the Temporary President of the Senate and the Speaker of the Assembly, this maintenance of effort provision for SUNY shall not apply.

Section 2. Amends education law section 6206(7)(a) to provide that for every subsequent state fiscal year after 2015-2016, the State shall appropriate and make available general fund operating support including fringe benefits, for the City University (CUNY) in an amount not less than the amount appropriated and made available in the prior fiscal year. This would further provide that if the Governor declares a fiscal emergency and communicates such emergency to the Temporary President of the Senate and the Speaker of the Assembly, this maintenance of effort provision for CUNY shall not apply.

Section 3. Sets for the effective date.

Justification

Maintenance effort has been key in keeping SUNY and CUNY state funding at even levels since 2011. This provision was first put forth in the NY-SUNY2020 plan in 2011 and SUNY and CUNY state support is in jeopardy when this provision expires after this fiscal year.

By extending the maintenance of effort provision and making it permanent, it ensures that New York State will invest in its public higher education institutions to provide for general operating support, including fringe benefits.

While SUNY and CUNY play a critical role in providing essential higher education in the city and state of New York, the State has consistently reduced funding to these institutions over the last decade. The maintenance of effort provision in NY-SUNY2020 was a start and must be restored so that the State shows its commitment in maintaining its public higher education systems.

Legislative history

New bill.

Fiscal implications

None in FY 2016-2017; TBD thereafter.

Effective date

This act shall take effect immediately; provided that: 1. The amendment to clause (iii) of subparagraph 4 of paragraph h of subdivision 2 of section 355 of the education law made by section one of this act, shall not affect the expiration and reversion of such subparagraph, and shall expire therewith; and 2. The amendment to subparagraph (iii) of paragraph (a) of subdivision 7 of section 6206 of the education law made by section two of this act, shall not affect the expiration and reversion of such subparagraph, and shall expire therewith.