What's happening
This bill requires New York State to maintain and fully fund operating support and mandatory costs for SUNY and CUNY, except during declared fiscal emergencies.
Why it matters
Guarantees stable state funding for SUNY and CUNY. By mandating that New York must maintain at least the same level of operating and fringe benefit support as the previous year (with increases for mandatory costs), the bill aims to prevent sudden budget shortfalls that could disrupt academic programs, staffing, or student services.
Explicitly covers all mandatory cost increases. The bill requires the state to fund not just base operations, but also all rising mandatory costs such as salary increases from collective bargaining, benefits, utilities, building rentals, and inflation-related expenses, which helps institutions plan more reliably and reduces financial pressure on students and campus services.
Limits tuition-driven budget gaps. By requiring the state to fully fund the “tuition credit” (a form of financial aid) and to cover the cost of tuition increases, the bill seeks to prevent public universities from having to offset insufficient state funding by raising tuition, thus protecting affordability for students.
Protects public higher education except in fiscal emergencies. The only circumstance in which state funding can be reduced is during a declared fiscal emergency, and even then, reductions to SUNY and CUNY must be proportional—aiming to shield the universities from disproportionate cuts during economic downturns.
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Who cares
Headline styles
Guarantee SUNY and CUNY Funding
Plain English, a few words. Used as the page title.
Sponsors
History
- Print number 3549a
- Amend and recommit to higher education
- Referred to higher education
- Referred to higher education
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Protect SUNY and CUNY Funding
In Assembly Committee · Ways And Means · Sponsor Deborah Glick
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3549--A
2019-2020 Regular Sessions
IN SENATE
February 8, 2019
Introduced by Sens. STAVISKY, LAVALLE, ADDABBO, KRUEGER, MONTGOMERY -read twice and ordered printed, and when printed to be committed to the Committee on Higher Education -- recommitted to the Committee on Higher Education in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the education law, in relation to state appropriations to the state university of New York and the city university of New York
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Clause (vi) of subparagraph 4 of paragraph h of subdivision 2 of section 355 of the education law, as amended by section 1 of part JJJ of chapter 59 of the laws of 2017, is amended to read as follows:
(vi) Beginning in state fiscal year two thousand twenty-one--two thousand twenty-two and thereafter, the state shall appropriate and make available general fund operating support and fringe benefits, for the state university and the state university health science centers in an amount not less than the amounts separately appropriated and made available in the prior state fiscal year; provided, further, the state shall appropriate and make available general fund operating support to cover all mandatory costs of the state university and the state university health science centers, which shall include, but not be limited to, collective bargaining costs including salary increments, fringe benefits, and other non-personal service costs such as utility costs, building rentals and other inflationary expenses incurred by the state university and the state university health science centers, and any increase in the tuition credit pursuant to section six hundred eightynine-a of this title as tuition increases are enacted by the board of trustees of the state university; provided, however, that if the governor declares a fiscal emergency, and communicates such emergency to the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05691-03-0
S. 3549--A 2
temporary president of the senate and the speaker of the assembly, state support for operating expenses at the state university and city university may be reduced in a manner proportionate to one another, and the aforementioned provisions shall not apply; provided further, the state shall appropriate and make available general fund support to fully fund the tuition credit pursuant to subdivision two of section six hundred sixty-nine-h of this title.
(vii) For the state university fiscal years commencing two thousand eleven--two thousand twelve and ending two thousand fifteen--two thousand sixteen, each university center may set aside a portion of its tuition revenues derived from tuition increases to provide increased financial aid for New York state resident undergraduate students whose net taxable income is eighty thousand dollars or more subject to the approval of a NY-SUNY 2020 proposal by the governor and the chancellor of the state university of New York. Nothing in this paragraph shall be construed as to authorize that students whose net taxable income is eighty thousand dollars or more are eligible for tuition assistance program awards pursuant to section six hundred sixty-seven of this [chapter] title.
§ 2. Paragraph (a) of subdivision 7 of section 6206 of the education law is amended by adding a new subparagraph (vi) to read as follows:
(vi) Beginning in state fiscal year two thousand twenty-one--two thousand twenty-two and thereafter, the state shall appropriate and make available general fund operating support and fringe benefits, for the city university in an amount not less than the amounts separately appropriated and made available in the prior state fiscal year; provided, further, the state shall appropriate and make available general fund operating support to cover all mandatory costs of the city university, which shall include, but not be limited to, collective bargaining costs including salary increments, fringe benefits, and other non-personal service costs such as utility costs, building rentals and other inflationary expenses incurred by the city university, and any increase in the tuition credit pursuant to section six hundred eighty-nine-a of this chapter as tuition increases are enacted by the board of trustees of the state university; provided, however, 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, state support for operating expenses at the state university and city university may be reduced in a manner proportionate to one another, and the aforementioned provisions shall not apply; provided further, the state shall appropriate and make available general fund support to fully fund the tuition credit pursuant to subdivision two of section six hundred sixty-nine-h of this chapter.
§ 3. This act shall take effect immediately provided that:
(a) the amendments to subparagraph 4 of paragraph h of subdivision 2 of section 355 of the education law made by section one of this act shall not affect the expiration and reversion of such subparagraph pursuant to chapter 260 of the laws of 2011, as amended, and shall expire therewith; and
(b) the amendments to paragraph (a) of subdivision 7 of section 6206 of the education law made by section two of this act shall not affect the expiration and reversion of such paragraph pursuant to chapter 260 of the laws of 2011, as amended, and shall expire therewith.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the education law, in relation to state appropriations to the state university of New York and the city university of New York
Purpose
To include SUNY's health care science centers in the SUNY maintenance of effort provision.
Summary of provisions
Amends section 355 and section 6206 of the education law by adding SUNY health science centers to clarify that these facilities are included in SUNY's maintenance of effort provision. This legislation also adds building rentals and fringe benefits to items that should be included in the Maintenance of Effort provision for the SUNY and CUNY systems. This bill will make the MOE permanent going forward, starting in state fiscal year 2021-2022. This also would include the TAP credit, pursuant to Education Law section 689-a, in mandatory costs that should be covered under the maintenance of effort provision.
Read the full memo (704 words)
Justification
State support for SUNY's health science centers as created more than 20 years ago to recognize that the State has a responsibility to at least partially compensate these hospitals for their service to indigent popu- lations and for their role in providing unique life-saving services not generally offered by private hospitals. These include burn units, serv- ing as the poison control centers and the major trauma centers for their regions, and other vital services. Moreover, they fulfill an important academic mission in producing many of the State's physicians and other medical professionals.
While SUNY's hospitals are a major part of the State University and play a critical role in providing essential health care service to the State and communities they serve, the State has consistently reduced funding to these institutions over the last decade. In 2010, State support was reduced by almost 47 percent. These cuts have placed these institutions in serious financial jeopardy and have threatened their ability to carry out their health care service and academic missions. The enactment of this legislation is necessary to clarify that the Legislature intended for the health science centers to be part of the State's maintenance of effort (MOE) provision pursuant to the NY SUNY 2020 legislation enacted in 2011, so that at a minimum, they will receive prior year levels of funding from the State. While this legislation will not solve the finan- cial problems of these institutions, it is desperately needed to help stop the bleeding of state disinvestment to these critical state facili- ties.
This bill also clarified what is to be included in the MOE besides the SUNY hospitals. It shall include collective bargaining costs including salary increments, fringe benefits and other non-personal services costs such as utility costs and other inflationary expenses incurred by the State University and the City University.
When the Governor vetoed this bill in 2015, he stated that he wanted to discuss maintenance of effort in the context of the budget. In the 2016-17 enacted budget, maintenance of effort was allowed to expire at the end of the 2016-17 fiscal year. In 2017-2018 budget, the basic main- tenance of effort provisions were restored. The Legislature passed these more robust MOE measures in 2017 through both houses and this legis- lation was vetoed for a second time. The need for a comprehensive, robust maintenance of effort is vital and considering the cuts that will occur to both SUNY and CUNY, the State must provide its share of support and show its commitment to New York State Higher Education Systems.
Legislative history
2019: A.1183 2018 S.7259A/A.10620 (Veto 356) 2017 S.1596A (Veto 204) 2016 S.7648/A.10021.
Fiscal implications
To be determined.
Effective date
This act shall take effect immediately provide that: (a) the amendments to subparagraph 4 of paragraph h of subdivision 2 of section 355 of the education law made by section one of this act shall not the expiration and reversion of such subparagraph pursuant to chap- ter 260 of the laws of 2011, as amended, and shall expire therewith; and (b) the amendments to paragraph (a) of subdivision 7 of section 6206 of the education law made by section two of this act shall not affect the expiration and reversion of such paragraph pursuant to chapter 260 of the laws of 2011, as amended, and shall expire therewith.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.