N.Y. Education Law § 355: Powers and duties of trustees--administrative and fiscal functions

§ 355. Powers and duties of trustees--administrative and fiscal

functions. 1. Subject to the provisions of the plan or general revision

thereof proposed by the state university trustees as approved by the

regents pursuant to section two hundred thirty-seven of this chapter,

the state university trustees shall be responsible for:

a. The over-all central administration, supervision and coordination

of state-operated institutions and the general supervision and

coordination of the statutory or contract colleges in the state

university.

b. The supervision and coordination of state-aided programs in

institutions providing higher education pursuant to the provisions of

section three hundred fifty-eight hereof.

c. The approval of the establishment of community colleges and four

year colleges authorized by article one hundred twenty-six of this

chapter, in conformance with the master plan; the provision of standards

and regulations covering the organization and operation of their

programs, courses and curricula, financing arrangements, state financial

assistance, tuition charges and fees, and such other matters as may be

involved in the operation of such colleges.

d. The establishment of health and medical centers, four year liberal

arts colleges, professional and graduate schools, research centers and

other facilities, as provided in this article.

e. The approval of the appointment of the head of each statutory or

contract college and community college by the respective boards of

trustees or other governing bodies of such institutions.

f. The promotion of and participation in inter-institutional

arrangements among independent and public institutions of higher

education and health care facilities and providers and other

health-related organizations on a geographical or topical basis to

encourage responsible and cost effective use of facilities and academic

and health care resources for the enhancement and enrichment of

educational experiences and opportunities and promoting high quality

health care services in support of the state university's educational

mission.

2. The state university trustees are further authorized and empowered,

subject to the provisions of the plan or general revisions thereof

proposed by the state university trustees as approved by the regents

pursuant to section two hundred thirty-seven of this chapter:

* a. To take, hold and administer on behalf of the state university or

any institution therein, real and personal property or any interest

therein and the income thereof either absolutely or in trust for any

educational or other purpose within the jurisdiction and corporate

purposes of the state university. The trustees may acquire property for

such purposes by purchase, appropriation or lease and by the acceptance

of gifts, grants, bequests and devises, and, within appropriations made

therefor, may equip and furnish buildings and otherwise improve property

owned, used or occupied by the state university or any institution

therein. The trustees may acquire property by the acceptance of

conditional gifts, grants, devises or bequests, the provisions of

section eleven of the state finance law notwithstanding. Where real

property is to be acquired by purchase or appropriation, such

acquisition shall be in accordance with the provisions of section three

hundred seven of this chapter except that the powers and duties in said

section mentioned to be performed by the commissioner shall be performed

by the state university trustees. The provisions of section three of the

public lands law notwithstanding, the trustees may provide for the lease

of state-owned real property under the jurisdiction of the state

university that is part of a tax-free NY area approved pursuant to

article twenty-one of the economic development law, in such manner and

upon such terms as the trustees shall determine, provided such lease is

consistent with the approved plan for such tax-free NY area.

* NB Effective until June 30, 2031

* a. To take, hold and administer on behalf of the state university or

any institution therein, real and personal property or any interest

therein and the income thereof either absolutely or in trust for any

educational or other purpose within the jurisdiction and corporate

purposes of the state university. The trustees may acquire property for

such purposes by purchase, appropriation or lease and by the acceptance

of gifts, grants, bequests and devises, and, within appropriations made

therefor, may equip and furnish buildings and otherwise improve property

owned, used or occupied by the state university or any institution

therein. Where real property is to be acquired by purchase or

appropriation, such acquisition shall be in accordance with the

provisions of section three hundred seven of this chapter except that

the powers and duties in said section mentioned to be performed by the

commissioner of education shall be performed by the state university

trustees.

* NB Effective June 30, 2031

b. To make and establish and from time to time alter and amend such

rules and regulations, not inconsistent with law, for the government of

the state university and the institutions therein.

c. To provide for the care, custody and management of the lands,

grounds, structures, buildings, equipment and facilities of the state

university and the institutions therein.

d. To visit and inspect the institutions in the state university, and

to distribute to or expend or administer for them such property and

funds as the state may appropriate therefor, or as the state university

trustees may hold in trust, or as may otherwise come into their

possession.

e. To merge any higher educational corporation into the state

university with the approval of the governing body of such corporation

and statutory approval of the legislature. Any higher educational

corporation is authorized and empowered to merge into the state

university. Upon the approval of an agreement of merger by the board of

regents and subsequent statutory approval by the legislature, and the

filing thereof with the regents, the merger shall be deemed complete and

all the right, title and interest in real property held by such merged

higher educational corporation shall vest in and be held and enjoyed by

the people of the state of New York and all the other estate, property,

rights, privileges and franchises of such merged higher educational

corporation shall vest in and be held and enjoyed by the state

university, as fully and entirely and without change or diminution as

the same were before held and enjoyed by such merged corporation, and be

managed and controlled by the state university, but subject to all

liabilities and obligations of such merged corporation and the rights of

all creditors thereof; except that the state university shall not

thereby acquire power to engage in any activity or to exercise any

right, privilege or franchise of a kind which it could not otherwise

lawfully engage in or exercise. The state university shall cause a copy

of the agreement of merger, certified by the board of regents to be a

true and correct copy of the original filed in their office, to be filed

in the office of the secretary of state and in the office of the clerk

of the county in which the certificate of incorporation of the merged

corporation was filed, in each case in which the certificate of

incorporation of the merged corporation was filed in the office of the

secretary of state; and shall cause a like copy of the merger agreement

with the certificate of the board of regents to be recorded in the

office of the recording officer of each county in which is located any

real property in or to which the merged corporation had any right, title

or interest at the time of the merger; and it shall be the duty of each

such recording officer to record such copy and certificate in his office

in the books used for the recording of deeds and to index the same

against the merged corporation as grantor and the people of the state of

New York as grantees. Neither the secretary of state nor the county

clerk or the recording officer of any county shall be entitled to demand

or collect any fee for filing or recording any such copy of an agreement

of merger.

f. To grant all degrees, diplomas and certificates which heretofore

have been granted or have been authorized to be granted upon the

completion of courses of study in any state-operated institution which

now is or hereafter may be in the state university, prior to the

acquisition of such institution by the state university, and also such

other degrees as the regents may hereafter specifically authorize them

to grant. In testimony thereof the state university trustees may give

suitable diplomas or certificates under the state university seal

including honorary degrees. Every diploma or certificate so granted

shall entitle the conferee to all privileges and immunities which by

usage or statute are allowed for similar diplomas or certificates of

corresponding grade granted by any institution of learning.

f-1. Notwithstanding any law, rule or regulation to the contrary, the

state university of New York board of trustees shall pass a resolution

by June first, two thousand fifteen, to develop a plan to make available

to students enrolled in an academic program of the state university of

New York beginning in the two thousand sixteen--two thousand seventeen

academic year, approved experiential or applied learning activities.

Such experiential or applied learning activities may include completion

of activities related to students' program of study, including, but not

limited to, service-learning activities completed as part of a course,

paid or unpaid internships, faculty-supervised undergraduate projects

and activities leading to publication of research in journals or similar

publications, production or performance of creative works, and iterative

"co-op" partnerships that explicitly link the curricula to a temporary,

paid position in industry or the public sector. Such plan, to be

completed by June first, two thousand sixteen, shall be developed in

consultation with university faculty senate, the faculty council of

community colleges, the SUNY student assembly, and other stakeholders.

Such plan shall define approved experiential or applied learning

activities, methods of faculty oversight and assessment,

responsibilities of business, corporate, non-profit or other entities

hosting students, and include a requirement for collecting and reporting

data associated with such experiential or applied learning activities.

Such plan shall have each college examine the feasibility of including

such experiential or applied learning activities as a degree

requirement. Such college shall examine its ability to administer and

provide such opportunities to students; the local community's capacity

to support such experiential or applied learning activities; the impact

such requirement would have on the local workforce, if any; potential

for such a requirement to enhance learning outcomes for students; and

whether adding such a requirement would cause potential delays in

graduation for students.

f-2. Notwithstanding any law, rule or regulation to the contrary, the

state university of New York board of trustees shall establish a policy

authorizing state-operated institutions and community colleges within

the state university to grant posthumous degrees to enrolled

matriculated students whose death occurs prior to graduation. Such

policy shall provide that, upon terms set in the policy, any remaining

credit requirements shall be waived for any student who dies and who

otherwise would have been eligible for graduation had they been able to

complete their academic career.

f-3. Notwithstanding any law, rule or regulation to the contrary, the

state university of New York board of trustees shall, by June first, two

thousand twenty-five, develop a plan to make available to students

enrolled in an academic program of the state university of New York

beginning in the two thousand twenty-five--two thousand twenty-six

academic year, approved experiential or applied learning activities, as

defined in paragraph f-1 of this subdivision. Such plan shall be

developed in consultation with university faculty senate, the faculty

council of community colleges, the university student assembly, and

other stakeholders. Such plan shall define approved experiential or

applied learning activities, methods of faculty oversight and

assessment, responsibilities of business, corporate, non-profit or other

entities hosting students, and include a requirement for collecting and

reporting data associated with such experiential or applied learning

activities. Such plan shall have each college examine the feasibility of

including such experiential or applied learning activities as a degree

requirement. Such college shall examine its ability to administer and

provide such opportunities to students; the local community's capacity

to support such experiential or applied learning activities; the impact

such requirement would have on the local workforce, if any; potential

for such a requirement to enhance learning outcomes for students; and

whether adding such a requirement would cause potential delays in

graduation for students.

g. To appoint the head of each state-operated institution in the state

university upon the recommendation made to them by the council of such

institution in accordance with the rules and standards established by

the state university trustees; or if such recommendation is not made or

does not comply with such rules and standards, then to make such

appointment as is by them deemed necessary; to prescribe the functions,

powers, and duties of the head of each such institution; and to appoint

or provide for the appointment of the members of the instructional and

administrative staffs, and such other employees as may be necessary, at

each state-operated institution upon the recommendation of the head

thereof and prescribe or provide for the prescription of their duties.

h. To regulate the admission of students, prescribe the qualifications

for their continued attendance, regulate tuition charges where no

provision is otherwise made therefor by law, and regulate other fees and

charges, curricula and all other matters pertaining to the operation and

administration of each state-operated institution in the state

university.

(1) Notwithstanding the provisions of any other general, special or

local law, rule or regulation, such regulations may permit persons sixty

years of age or over to audit courses given therein without tuition,

examination, grading or credit therefor upon a space available basis, as

determined by the president of each such institution, provided that such

audit attendance does not deny course attendance at a state-operated

institution by an individual who is otherwise qualified under the

regulations promulgated pursuant to this section.

(2) Such regulations shall also provide that upon request by a student

who is an eligible veteran the payment of tuition and other fees and

charges, less the amounts payable for such purposes from scholarships or

other financial assistance awarded said veteran pursuant to article

thirteen of this chapter, article one hundred thirty of this chapter or

any other state or federal aid program, shall be deferred in such

amounts and until such times as the several payments of veterans'

benefits under the Veterans' Readjustment Benefit Act of 1966, as

amended, are received by the veteran, provided that the veteran has

filed a claim for such benefits and presents to the state university

proof of eligibility, extent of entitlement to benefits and the need for

deferral until the receipt of such benefits.

(3) (i) Such regulations shall further provide that the payment of

tuition and fees by any student in any state-operated institution of the

state university who is a member or the spouse or the dependent of a

member of the armed forces of the United States on full-time active duty

and stationed in this state, whether or not a resident of the state,

shall be paid at a rate or charge no greater than that imposed for

students thereat who are residents of this state.

(ii) Such regulations shall further provide that the payment of

tuition and fees by any student who is not a resident of New York state

shall be paid at a rate or charge no greater than that imposed for

students who are residents of the state if such student is enrolled in

an institution or educational unit of the state university and is

attending such institution or educational unit in accordance with the

federal GI bills and in compliance with all applicable eligibility

requirements thereof.

(iii) Such regulations shall further provide that the payment of

tuition and fees by any student who is not a resident of New York state

shall be paid at a rate or charge no greater than that imposed for

students who are residents of this state if such student is enrolled in

an institution or educational unit of the state university and is the

spouse or the dependent of a member of the armed forces of the United

States on full-time active duty and not stationed in this state

immediately following being stationed therein.

(3-a) Notwithstanding the provisions of any other general, special or

local law, rule or regulation, the state university trustees shall be

authorized to set a reduced rate of tuition and/or fees, or to waive

tuition and/or fees entirely, for students participating in any dual or

concurrent enrollment program with no reduction in other state, local,

or other support for such students earning college credit that such

higher education partner would otherwise be eligible to receive;

provided that, for purposes of this provision, a dual or concurrent

enrollment program shall mean one or more college courses taken by a

high school student through a state-operated institution while such

student is still enrolled in high school or boards of cooperative

educational services and for which the student may receive both high

school and college credit.

* (4) The trustees shall not impose a differential tuition charge

based upon need or income. Except as hereinafter provided, all students

enrolled in programs leading to like degrees at state-operated

institutions of the state university shall be charged a uniform rate of

tuition except for differential tuition rates based on state residency.

Provided, however, that the trustees may authorize the presidents of the

colleges of technology and the colleges of agriculture and technology to

set differing rates of tuition for each of the colleges for students

enrolled in degree-granting programs leading to an associate degree and

non-degree granting programs so long as such tuition rate does not

exceed the tuition rate charged to students who are enrolled in like

degree programs or degree-granting undergraduate programs leading to a

baccalaureate degree at other state-operated institutions of the state

university of New York. Notwithstanding any other provision of this

subparagraph, the trustees may authorize the setting of a separate

category of tuition rate, that shall be greater than the tuition rate

for resident students and less than the tuition rate for non-resident

students, only for students enrolled in distance learning courses who

are not residents of the state. Except as otherwise authorized in this

subparagraph, the trustees shall not adopt changes affecting tuition

charges prior to the enactment of the annual budget, provided however

that:

(i) Commencing with the two thousand eleven--two thousand twelve

academic year and ending in the two thousand fifteen--two thousand

sixteen academic year the state university of New York board of trustees

shall be empowered to increase the resident undergraduate rate of

tuition by not more than three hundred dollars over the resident

undergraduate rate of tuition adopted by the board of trustees in the

prior academic year, provided however that commencing with the two

thousand eleven--two thousand twelve academic year and ending in the two

thousand sixteen--two thousand seventeen academic year if the annual

resident undergraduate rate of tuition would exceed five thousand

dollars, then a tuition credit for each eligible student, as determined

and calculated by the New York state higher education services

corporation pursuant to section six hundred eighty-nine-a of this title,

shall be applied toward the tuition charged for each semester, quarter

or term of study. Tuition for each semester, quarter or term of study

shall not be due for any student eligible to receive such tuition credit

until the tuition credit is calculated and applied against the tuition

charged for the corresponding semester, quarter or term.

(ii) Commencing with the two thousand seventeen--two thousand eighteen

academic year and ending in the two thousand twenty--two thousand

twenty-one academic year the state university of New York board of

trustees shall be empowered to increase the resident undergraduate rate

of tuition by not more than two hundred dollars over the resident

undergraduate rate of tuition adopted by the board of trustees in the

prior academic year, provided, however that if the annual resident

undergraduate rate of tuition would exceed five thousand dollars, then a

tuition credit for each eligible student, as determined and calculated

by the New York state higher education services corporation pursuant to

section six hundred eighty-nine-a of this title, shall be applied toward

the tuition charged for each semester, quarter or term of study. Tuition

for each semester, quarter or term of study shall not be due for any

student eligible to receive such tuition credit until the tuition credit

is calculated and applied against the tuition charged for the

corresponding semester, quarter or term. Provided, further that the

revenue resulting from an increase in the rate of tuition shall be

allocated to each campus pursuant to a plan approved by the board of

trustees to support investments in new classroom faculty, instruction,

initiatives to improve student success and on-time completion and a

tuition credit for each eligible student.

(iii) On or before November thirtieth, two thousand seventeen, the

trustees shall approve and submit to the chairs of the assembly ways and

means committee and the senate finance committee and to the director of

the budget a master tuition plan setting forth the tuition rates that

the trustees propose for resident undergraduate students for the four

year period commencing with the two thousand seventeen--two thousand

eighteen academic year and ending in the two thousand twenty--two

thousand twenty-one academic year, and shall submit any proposed

amendments to such plan by November thirtieth of each subsequent year

thereafter through November thirtieth, two thousand twenty, and provided

further, that with the approval of the board of trustees, each

university center may increase non-resident undergraduate tuition rates

each year by not more than ten percent over the tuition rates of the

prior academic year for a six year period commencing with the two

thousand eleven--two thousand twelve academic year and ending in the two

thousand sixteen--two thousand seventeen academic year.

(iv) Beginning in state fiscal year two thousand twelve-two thousand

thirteen and ending in state fiscal year two thousand fifteen--two

thousand sixteen, the state shall appropriate and make available general

fund operating support, including fringe benefits, for the state

university in an amount not less than the amount appropriated and made

available in the prior state fiscal year; provided, however, that if the

governor declares a fiscal emergency, and communicates such emergency to

the temporary president of the senate and 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.

(v) Beginning in state fiscal year two thousand seventeen--two

thousand eighteen and ending in state fiscal year two thousand

twenty--two thousand twenty-one, the state shall appropriate and make

available general fund operating support, including fringe benefits, for

the state university in an amount not less than the amount appropriated

and made available in the prior state fiscal year; provided, however,

that if the governor declares a fiscal emergency, and communicates such

emergency to the temporary president of the senate and 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.

(vi) 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.

* NB Effective until July 1, 2027

* (4) The trustees shall not impose a differential tuition charge

based upon need or income. All students enrolled in programs leading to

like degrees at state-operated institutions of the state university

shall be charged a uniform rate of tuition except for differential

tuition rates based on state residency. Provided, however, that the

trustees may authorize the presidents of the colleges of technology and

the colleges of agriculture and technology to set differing rates of

tuition for each of the colleges for students enrolled in

degree-granting programs leading to an associate degree and non-degree

granting programs so long as such tuition rate does not exceed the

tuition rate charged to students who are enrolled in like degree

programs or degree-granting undergraduate programs leading to a

baccalaureate degree at other state-operated institutions of the state

university of New York. Notwithstanding any other provision of this

subparagraph, the trustees may authorize the setting of a separate

category of tuition rate, that shall be greater than the tuition rate

for resident students and less than the tuition rate for non-resident

students, only for students enrolled in distance learning courses who

are not residents of the state. The trustees shall not adopt changes

affecting tuition charges prior to the enactment of the annual budget.

* NB Effective July 1, 2027

(4-a) Notwithstanding any law, rule, regulation, or practice to the

contrary and following the review and approval of the chancellor of the

state university or his or her designee, the board of trustees may raise

non-resident undergraduate rates of tuition by not more than ten percent

over the tuition rates of the prior academic year for the following

doctoral degree granting institutions of the state university of New

York: the state university of New York college of environmental science

and forestry as defined in article one hundred twenty-one of this

chapter, downstate medical center, upstate medical center, and the

college of technology at Utica-Rome/state university polytechnic

institute for a four year period commencing with the two thousand

twenty--two thousand twenty-one academic year and ending in the two

thousand twenty-three--two thousand twenty-four academic year provided

that such rate change is approved annually prior to board of trustees

action by the chancellor of the state university or his or her designee.

(4-a-1) Notwithstanding any law, rule, regulation or practice to the

contrary and following the review and approval of the chancellor of the

state university or such chancellor's designee, the board of trustees

may annually impose differential tuition rates on non-resident

undergraduate and graduate rates of tuition for state-operated

institutions commencing with the two thousand twenty-three--two thousand

twenty-four academic year and ending in the two thousand

twenty-eight--two thousand twenty-nine academic year, provided that such

rates are competitive with the rates of tuition charged by peer

institutions and that the board of trustees annually provide the reason

and methodology behind any rate increase to the governor, the temporary

president of the senate, and the speaker of the assembly prior to the

approval of such increases.

(4-b) In state fiscal year two thousand twenty-two--two thousand

twenty-three and thereafter, the state shall appropriate and make

available general fund operating support in the amount of the tuition

credit calculated pursuant to section six hundred eighty-nine-a of this

chapter annually.

(5) The trustees shall further provide standards for the granting of

advanced standing to veterans applying for college admissions at the

state university, who have successfully completed United States Armed

Forces Institute or other comparable course work.

(6) Where an undergraduate state-operated institution of the state

university is located adjacent to another institution of higher

education and students of such undergraduate state operated institution

are, under arrangements made by the state university, taking a

substantial portion of their courses at such other institution, the

state university trustees may permit the students of such undergraduate

state-operated institution, subject to such conditions or limitations as

they deem advisable, to participate in the extra-curricular activities

and utilize services of such other institution if those privileges are

extended by such other institution.

(7) In formulating the curriculum of each state-operated institution

in the state university for professional education in medicine there

shall be required and included in such curriculum and in the plans and

recommendations of the state university trustees formulated and

transmitted in pursuance of the provisions of section three hundred

fifty-four of this chapter, courses and facilities, which in the

judgment of the trustees shall be best suited to encourage and to

implement the study and preparation, by students desiring the same, for

the family practice of medicine. Such courses and facilities shall

include: the establishment and maintenance of a department of family

practice under the direction of a qualified family practitioner, courses

of study under the supervision of qualified family practitioners, a

family care program of study and clinical experience, a program of

preceptorships, and a program of internships or family practice

residencies in the hospital or hospitals affiliated with such respective

school.

(8) Such regulations shall further provide that the payment of tuition

and fees by any student who is not a resident of New York state, other

than a non-immigrant noncitizen within the meaning of paragraph (15) of

subsection (a) of section 1101 of title 8 of the United States Code,

shall be paid at a rate or charge no greater than that imposed for

students who are residents of the state if such student:

(i) attended an approved New York high school for two or more years,

graduated from an approved New York high school and applied for

attendance at an institution or educational unit of the state university

within five years of receiving a New York state high school diploma; or

(ii) attended an approved New York state program for general

equivalency diploma exam preparation, received a general equivalency

diploma issued within New York state and applied for attendance at an

institution or educational unit of the state university within five

years of receiving a general equivalency diploma issued within New York

state; or

(iii) was enrolled in an institution or educational unit of the state

university in the fall semester or quarter of the two thousand one--two

thousand two academic year and was authorized by such institution or

educational unit to pay tuition at the rate or charge imposed for

students who are residents of the state.

A student without lawful immigration status shall also be required to

file an affidavit with such institution or educational unit stating that

the student has filed an application to legalize his or her immigration

status, or will file such an application as soon as he or she is

eligible to do so.

(9) The trustees shall review any proposed community college tuition

increase and the justification for such increase. The justification

provided by the community college for such increase shall include a

detailed analysis of ongoing operating costs, capital, debt service

expenditures, and all revenues.

(10) Such regulations shall further provide that any student who is

not a legal resident of New York state but is a United States citizen, a

permanent lawful resident, an individual who is granted U or T

non-immigrant status pursuant to the Victims of Trafficking and Violence

Protection Act of 2000, a person granted temporary protected status

pursuant to the Federal Immigration Act of 1990, an individual of a

class of refugees paroled by the attorney general of the United States

under his or her parole authority pertaining to the admission of

noncitizens to the United States, or an applicant without lawful

immigration status may have the payment of tuition and other fees and

charges reduced by state-aided programs, scholarships or other financial

assistance awarded under the provisions of articles thirteen,

thirteen-A, fourteen and fourteen-A of this chapter, provided that the

student meets the requirements set forth in subparagraph (ii) of

paragraph a or subparagraph (ii) of paragraph b of subdivision five of

section six hundred sixty-one of this chapter, as applicable.

* (11) (i) For purposes of this subparagraph, "Team USA athlete" means

any student athlete who meets the eligibility standards defined and

approved by the United States Olympic and Paralympic Committee and by

the national governing body for the sport in which the athlete competes.

(ii) Notwithstanding the provisions of any other general, special or

local law, rule or regulation and pursuant to an appropriation and

funding being made for such purpose, such regulations shall further

provide that the payment of tuition and fees by any student who is not a

resident of New York state shall be paid at a rate or charge no greater

than that imposed for students who are residents of this state if such

student is enrolled in an institution or educational unit of the state

university, is a Team USA athlete, and is training in New York State in

an elite level program approved by the United States Olympic and

Paralympic Committee.

* NB There are 2 sbpar (11)'s

* (11) Notwithstanding any law, rule or regulation to the contrary,

such regulations shall provide for eligibility of admission for students

who have completed an online high school program which (i) has in excess

of ten thousands students per year nationally complete such program,

(ii) is located within the United States, and (iii) is accredited in

accordance with paragraph four of appendix three hundred two of the Job

Corps Policy and Requirements Handbook (Guidelines for the Ongoing

Quality Monitoring of Job Corps High School Diploma (HSD) Programs), as

amended from time to time;

* NB There are 2 sbpar (11)'s

i. To lease to alumni associations of institutions of the state

university a portion of the grounds occupied by any institution of the

state university, for the erection thereon of dormitories to be used by

students in attendance at such institutions. The terms of any lease and

the character of the building to be erected shall be determined by the

state university trustees. Such lease, prior to its execution, shall be

submitted to the attorney general for his approval as to its form,

contents and legal effect. Nothing contained in this paragraph shall

affect the provisions of any lease heretofore executed by a board of

visitors of any state-operated institution pursuant to law. The state

university trustees may similarly enter into an agreement with an alumni

association of an institution of the state university to furnish heat

from a central heating plant to any dormitory erected by such alumni

association. Any such dormitory shall not be subject to taxation for any

purpose.

j. To enter into a boundary line agreement for, on behalf of, and in

the name of the people of the state of New York whenever a mistake has

been made or an honest dispute exists as to the location of the division

line between land owned by the state, which is under the jurisdiction,

care, custody or control of the state university trustees, and adjoining

land not owned by the state. Such an agreement shall fix and determine

the division line between such lands, subject to the approval of the

attorney general as to form, content and manner of execution.

k. To enlist and accept the cooperation of municipal authorities in

obtaining the use of public buildings, lands, property and other

facilities, or portions thereof, under the jurisdiction of such

municipal authorities, for the purposes of the state university. Such

appropriate municipal authorities are hereby authorized to permit the

use of public buildings, lands, property and other facilities or

portions thereof under their jurisdiction for the purposes of the state

university, with or without rental or other charges.

l. To appoint university police officers who shall have the powers of

police officers and to remove such police officers at pleasure;

provided, however, that any person appointed a police officer must have

satisfactorily completed or complete within one year of the date of his

appointment a course of law enforcement training approved by the

municipal police training council in consultation with the university.

It shall be the duty of such police officers to preserve law and order

on the campuses and other property of the university, including any

portion of a public highway which crosses or abuts such property.

Subject to the approval of the chancellor, the president of each

state-operated campus of the state university shall enter into a written

agreement with adjoining law enforcement agencies establishing protocols

for the exercise of authority by such university police officer

off-campus, including mutual aid and assistance. Such written protocols

shall not be deemed to supersede the authority of other police officers.

The provisions of this paragraph shall not apply to any of the state

institutions and property referred to in section five thousand seven

hundred nine of this chapter.

m. To name and rename any state-operated institution of the state

university after consultation with its council.

n. To enter into a contract with the board of education of a city or

school district in which a state-operated institution is located for the

education by such college, for such period of time as may be agreed

upon, of all or part of the children of legal school age residing in

such city or school district. A board of education in such a city or

school district is hereby authorized and empowered to enter into such

contracts with the state university trustees, subject to the approval of

the commissioner of education, and to perform all necessary acts to

carry out the purposes of this paragraph.

o. To conduct or authorize the conduct of research and experiments at

state-operated institutions of the state university in the field or,

pursuant to agreements therefor, in industrial and commercial plants, in

connection with the educational programs of the state university,

including projects involving the care, preservation, utilization and

management of natural resources and the disposition of crops and other

products incidental thereto.

p. To perform such other acts as may be necessary or appropriate to

carry out effectively the objects and purposes of the state university

as specified in this article.

q. To prepare and adopt, within the amounts appropriated therefor,

plans for land acquisition, state university development and expansion,

space needs and uses and for the construction, acquisition,

reconstruction, rehabilitation and improvement of academic buildings,

dormitories and other facilities required or to be required for the

state-operated institutions and the statutory or contract colleges, and

for such planning functions to retain or employ private architects,

engineers and artists, or firms thereof, or other and different

consultants for proposed projects and for the preparation of space

requirements, cost estimates, preliminary plans, budgetary

justifications, and construction standards. During the selection of

projects for such plans, the trustees shall, where applicable, give due

consideration to projects that support improvements in environmental

protection, energy and resource management, solar energy and

conservation with particular consideration given to a project's

potential to generate cost savings over time.

r. To cooperate with and assist the state university construction fund

in the construction, acquisition, reconstruction, rehabilitation and

improvement of academic buildings, dormitories and other facilities

pursuant to article eight-A of this chapter, and to approve the

architectural concept of all such construction projects.

s. To lease or make available to the state university construction

fund, the dormitory authority or other public benefit corporation, the

New York state teachers' retirement system, the New York state

employees' retirement system, or a business that intends to locate in a

tax-free NY area approved pursuant to article twenty-one of the economic

development law, a portion of the grounds or real property occupied by a

state-operated institution or statutory or contract college for the

construction, acquisition, reconstruction, rehabilitation or improvement

of academic buildings, dormitories or other facilities thereon pursuant

to article eight-A of this chapter and for the purpose of facilitating

such construction, acquisition, reconstruction, rehabilitation or

improvement, to enter into leases and agreements for the use of any such

academic building, dormitory or other facility in accordance with the

provisions of section three hundred seventy-eight of this chapter;

provided, however, that nothing herein contained shall affect the

provisions of any lease or agreement heretofore executed by the state

university with the dormitory authority. The state university trustees

may also enter into agreements with the state university construction

fund, the dormitory authority or other public benefit corporation, the

New York state teachers' retirement system, the New York state

employees' retirement system or any business that intends to locate in a

tax-free NY area approved pursuant to article twenty-one of the economic

development law, to furnish heat from a central heating plant to any

academic building, dormitory or other facility erected by them or with

moneys supplied by them. Any such academic building, dormitory or other

facility shall not be subject to taxation for any purpose.

t. The trustees shall have the power to lease or make available to a

not-for-profit corporation or political subdivision of the state, or the

state, or the office for the aging, for the purposes set forth in

section sixteen hundred seventy-seven of the public authorities law;

pertaining to the use of dormitory authority facilities by the aged,

facilities or portions thereof located on the grounds or real property

occupied by a state-operated institution or statutory or contract

college, which facilities are owned by or mortgaged to the dormitory

authority. Such leases and agreements shall be upon such terms and

conditions as may be agreed upon between the parties thereto, provided

that any such lease or agreement shall be subject to the approval of the

dormitory authority. Nothing herein contained shall affect the

provisions of any lease or agreement heretofore executed by the state

university with the dormitory authority, or any other agency.

u. To establish a water conservation program for academic buildings,

dormitories and other facilities of the state university. Such program

shall include a survey of water use and conservation in such buildings.

v. To cooperate with and assist the state university construction fund

in the construction of academic incubator facilities. "Academic

incubator facilities" as used in this chapter shall mean facilities

providing low-cost space, technical assistance, support services and

educational opportunities, including but not limited to central services

shared by tenants of the facility, to new high technology companies in

the formative stages of development through a partnership with the state

university and shall be state university educational facilities under

subdivision twenty-eight of section sixteen hundred seventy-six of the

public authorities law. Academic incubator facilities shall promote job

creation, entrepreneurship, technology transfer and provide support

services to incubator tenants, including, but not limited to, business

planning, management assistance, financial-packaging, linkages to

financing sources, and coordination with other sources of assistance.

w. When authorized by law, to cooperate with and assist the state

university construction fund in the acquisition and development of sites

for university-related economic development facilities as defined in

section three hundred seventy-two-a of this title.

x. To enter into one or more agreements with the dormitory authority

to provide financial assistance on behalf of the state, as provided in

subdivision eight of section six thousand three hundred four of this

chapter, to the local sponsors of community colleges for the design,

acquisition, construction, reconstruction, rehabilitation or improvement

of one or more facilities for locally sponsored community colleges

including the furnishing and equipping of such facilities pursuant to

section six thousand three hundred four of this chapter. Each such

agreement shall provide for annual payments to the dormitory authority

from the state aid or other financial assistance provided to the local

sponsors of such community colleges and paid into the community college

tuition and instructional fund pursuant to paragraph (iii) of

subdivision two of section ninety-seven-p of the state finance law, and

may contain such other terms and conditions as may be agreed upon by the

parties thereto, including, but not limited to, provisions relating to

the establishment of reserve funds and indemnities. Each such agreement

shall be subject to the approval of the director of the budget.

y. To better secure dormitory authority bonds issued in connection

with dormitory facilities, including dormitory facility revenue bonds,

the state university of New York is hereby authorized, in its own name,

to assign or otherwise transfer to the dormitory authority any or all of

the state university's rights, title and interest in and to the

dormitory facility revenues, and to enter into agreements with the

dormitory authority pursuant to subdivision two of section sixteen

hundred eighty-q of the public authorities law in furtherance of such

assignment or transfer. Any assignment or transfer made pursuant to this

paragraph shall constitute a true sale and absolute transfer of the

dormitory facilities revenues. The characterization of such assignment

or transfer shall not be negated or adversely affected by the retention

by the state university of New York of any ownership interest in the

dormitory facilities revenues or of any residual right to payment of any

dormitory facility revenues remaining in the dormitory facilities

revenue fund after the moneys therein have been applied in accordance

with paragraph (b) of subdivision three of section sixteen hundred

eighty-q of the public authorities law. All rights, title and interest

in and to any moneys paid to or upon the order of the state university

of New York pursuant to any agreement by and between the dormitory

authority and the state university of New York entered into pursuant to

subdivision two of section sixteen hundred eighty-q of the public

authorities law or pursuant to any agreement entered into pursuant to

paragraph j of subdivision two of section sixteen hundred eighty of the

public authorities law shall vest in the state university of New York

and be the absolute property of the state university of New York, and

the dormitory authority shall no longer have any interest in such

moneys.

z. In connection with business/university partnerships in support of

the corporate purposes of the state university, to participate in joint

and cooperative arrangements with businesses that have located in a

tax-free NY area approved pursuant to article twenty-one of the economic

development law provided such arrangements are consistent with the

approved plan for such tax-free NY area.

2-a. Notwithstanding any other provision of law, rule, or regulation

to the contrary, the state university trustees charter school committee,

as a charter entity, are further authorized and empowered, to promulgate

regulations with respect to governance, structure and operations of

charter schools for which they are the charter entity pursuant to

section twenty-eight hundred fifty-one of this chapter.

3. The state university trustees shall adopt and implement a patent

policy for research conducted in university facilities which is

consistent with the university's mission of education, scholarly

research and public service. Such policy shall be designed to encourage

research activities which produce new knowledge which is of benefit to

the public and which may result in the development of new products and

processes which are likely to improve the quality of life and the

standard of living of the people of the state, contribute to increased

productivity and advance the public health, safety and welfare. Such

policy shall also provide appropriate incentives for participation by

private sector business concerns in efforts to develop and utilize

patents orginated in conjunction with such research and to commercialize

new products and processes based on the results of such research. The

trustees, when it is deemed necessary to fulfill the objectives of this

subdivision, shall adopt and implement appropriate modifications to such

policy. The trustees shall include in the annual report required by

section three hundred fifty-nine of this chapter an evaluation of the

effectiveness of the policy adopted pursuant to this subdivision

together with a synopsis of any changes in that policy adopted during

the previous year.

4. Notwithstanding the provisions of section forty-four, fifty, or

fifty-one of the state finance law or any other provision of law to the

contrary, the state university trustees are authorized and empowered:

a. To review and coordinate the budget and appropriation requests of

all state-operated institutions and statutory or contract colleges and

combine these requests with the fiscal requirements for institutions of

higher education specified in section three hundred fifty-eight hereof

into a university program budget for submission to the governor together

with appropriate comments by the trustees of the independent

institutions operating statutory or contract colleges on behalf of the

state regarding the portion of the program budget which relates to such

colleges. Such submission shall be made pursuant to the provisions of

section twenty-two of the state finance law.

b. To expend all lump sum or consolidated appropriations and other

appropriations made for the state university, including all moneys

derived from other sources in the course of the administration thereof.

Within aggregate funds available for expenditure pursuant to section

forty-nine of the state finance law, the state comptroller shall draw

warrants for the payment of all vouchers approved by the chancellor of

the state university, as the chief administrative officer of the state

university, or by such authority or authorities in the state university

as shall be designated by the chancellor by a rule or written direction

filed with the state comptroller, when and in the manner authorized by

the state university trustees. Such lump sum or consolidated

appropriations made for personal service, or for maintenance and

operation or for non-personal service, or maintenance undistributed

including personal service, other than appropriations from proprietary

or fiduciary funds, shall be available for payments for personal

service, or maintenance and operation or for non-personal service, or

for maintenance undistributed including personal service upon the filing

of a schedule of positions and salaries provided, however, that the

salary of the chancellor shall be in accordance with section one hundred

sixty-nine of the executive law and that the portions of the salaries

funded from state appropriations for the presidents and senior staff

shall not exceed that of the chancellor and the amounts to be available

for other personal service classes of expenditure, and for the expenses

of maintenance and operation, or for non-personal service with the

director of the budget, chairman of the senate finance committee,

chairman of the assembly ways and means committee, and the state

comptroller. Any such schedule may be amended and such amendment shall

be filed with the officers named above. The state comptroller is

authorized to pay any amounts required for the salaries and related

employment benefits of state university employees from any

appropriations or other funds available therefor. In regard to the state

university, the budget director shall exercise the authority granted

under section forty-nine of the state finance law by establishing an

aggregate amount available for expenditure for the state university from

the aggregate appropriations made, by funding source, for the state

university in the state operations appropriations act, rather than by

making the specific approvals and by filing the certificates of such

approvals authorized by section forty-nine of the state finance law. The

schedule of positions and salaries required to be filed by the budget

director pursuant to section forty-nine of the state finance law shall

be replaced by the schedule of positions and salaries filed by the state

university pursuant to this paragraph. If the director of the budget,

pursuant to section forty-nine of the state finance law, shall establish

as available for expenditure an aggregate amount less than that

contained in the appropriations made for the state university in the

state operations appropriations act, the board of trustees shall within

thirty days of the action of the director of the budget file with the

comptroller, with an informational copy to the budget director and to

the chairs of the assembly ways and means and senate finance committees,

a certificate allocating such lesser amount in no greater detail than

provided for in the state operations appropriations act. In the event

that the board has failed to file such certification within such thirty

day period, the budget director may issue a certificate of availability

for the state university reflecting such amount in no greater detail

than provided for in the state operations appropriations act.

c. To increase or decrease appropriations by transfer or interchange

as follows:

(1) Amounts appropriated for the programs or purposes or for any item

or items within such programs or purposes of any individual

state-operated institution and the statutory or contract colleges of the

state university, including state university central administration

within the schedules of such units or for any individual hospital within

the schedule of hospitals of the state university from a particular fund

or funds in a fiscal year may be interchanged between such programs or

purposes of such unit or hospital of state university, or between items

within the same program or purpose, or with other items appropriated

from such fund not in the same program or purpose, but which are

contained in the state comptroller's classification of items as last

promulgated pursuant to a certificate of allocation. Such certificate

shall be submitted by such units to the board of trustees of the state

university. Such certificate shall be submitted by the board of trustees

to the state comptroller with copies to be sent to the chairs of the

senate finance committee and the assembly ways and means committee and

the director of the budget for informational purposes only. The total

amount appropriated for any program or purpose may be decreased by not

more than the aggregate of five percent of such appropriation for a

program or purpose with the approval of the units or hospitals or such

amounts may be decreased by more than the aggregate of five percent of

such appropriation with the approval of the state university trustees.

(2) Amounts appropriated to state-operated institutions and statutory

or contract colleges within the schedule of such units or to hospitals

within the schedule of hospitals of the state university from a

particular fund or funds in a fiscal year for the programs or purposes

of such units or hospitals of the state university may be transferred

between and among such units or hospitals pursuant to a certificate of

allocation, submitted directly by the state university to the state

comptroller, with copies of such certificates to be sent to the chairs

of the senate finance committee and the assembly ways and means

committee and the director of the budget for informational purposes

only. The total amount appropriated for any unit may not be decreased by

more than the aggregate of three percent of an appropriation for a unit

or the aggregate of ten percent of an appropriation for a hospital.

(3) Amounts appropriated for programs or purposes, or for any item

within such programs or purposes, within the university-wide program

schedule of state university from a particular fund or funds in a fiscal

year shall not be decreased by means of transfer or interchange by more

than the aggregate of four percent of an appropriation for a program or

purpose within such schedule.

(4) Amounts appropriated for hospitals within the hospital schedule of

the state university from a particular fund or funds in a fiscal year

for programs or purposes of such hospitals shall not be increased or

decreased by means of transfer or interchange from the amounts

appropriated to the state-operated institutions and the statutory or

contract colleges, university-wide programs, or central administration

of the state university. The aggregate appropriation for the hospital

schedule shall not be increased or decreased by such transfers of

appropriations.

(5) Amounts appropriated for the central administration of the state

university within the central administration schedule from a particular

fund or funds in a fiscal year for programs or purposes including, but

not limited to, administration of state-operated institutions and

statutory or contract colleges, university-wide programs, and hospitals

of the state university shall not be increased by means of transfer or

interchange by more than five percent of the aggregate appropriation

within such schedule.

(6) Notwithstanding the foregoing provisions of this subdivision,

whenever the director of the budget, pursuant to section forty-nine of

the state finance law, shall establish an aggregate amount less than

that contained in the state operations appropriations act, the trustees

may transfer or interchange any or all of such lesser amount among any

of the programs or purposes or items without regard to the restrictions

provided in this subdivision.

(7) On the fifteenth day of October, January, April and July of each

year, the state university shall provide the chair of the senate finance

committee and the assembly ways and means committee, the state

comptroller and the director of the budget with quarterly reports of all

transfers or interchanges made by the state university pursuant to this

section, with such reports to include the program impact of each

transfer or interchange. The allocation of lump sum appropriations from

a fund or funds made to the state university for later distribution to

state operated institutions, statutory or contract colleges, hospitals

and/or central administration of the state university or the allocation

of lump sum appropriations made to all state departments and agencies

for later allocation for specific programs or purposes or units of the

state university shall not be deemed to be part of any total increase or

decrease authorized by this section.

5. Notwithstanding the provisions of subdivision two of section one

hundred twelve and sections one hundred fifteen, one hundred sixty-one,

and one hundred sixty-three of the state finance law and section three

of the New York state printing and public documents law or any other law

to the contrary, the state university trustees are authorized and

empowered to:

a. (i) purchase materials, proprietary electronic information

resources including but not limited to academic, professional, and

industry journals, reference handbooks and manuals, research tracking

tools, indexes and abstracts; and equipment and supplies, including

computer equipment and motor vehicles, where the amount for a single

purchase does not exceed seventy-five thousand dollars, (ii) execute

contracts for services and construction contracts to an amount not

exceeding seventy-five thousand dollars, and (iii) contract for printing

to an amount not exceeding seventy-five thousand dollars, without prior

approval by any other state officer or agency, but subject to rules and

regulations of the state comptroller not otherwise inconsistent with the

provisions of this section and in accordance with the guidelines

promulgated by the state university board of trustees after consultation

with the state comptroller. In addition, the trustees, after

consultation with the commissioner of general services, are authorized

to annually negotiate with the state comptroller increases in the

aforementioned dollar limits and the exemption of any articles,

categories of articles, services, or commodities from these limits;

b. establish cash advance accounts for the purpose of purchasing

materials, supplies, or services, for cash advances for travel expenses

and per diem allowances, or for advance payment of wages and salary. The

account may be used to purchase such materials, supplies, or services

where the amount of a single purchase does not exceed one thousand

dollars, in accordance with such guidelines as shall be prescribed by

the state university trustees after consultation with the state

comptroller;

c. establish guidelines in consultation with the commissioner of

general services authorizing participation by the state university in

programs administered by the office of general services for the purchase

of available New York state food products. The commissioner of general

services shall provide assistance to the state university necessary to

enable the university to participate in these programs; and

d. award contract extensions for campus transportation without

competitive bidding where such contracts were secured either through

competitive bidding or through evaluation of proposals however such

extensions may be rejected if the amount to be paid to the contractor in

any year of such proposed extension fails to reflect any decrease in the

regional consumer price index for the New York, New York-Northeastern,

New Jersey area, based upon the consumer price index for all urban

consumers (CPI-U) during the preceding twelve-month period. At the time

of any contract extension, consideration shall be given to any

competitive proposal offered by a public transportation agency. Such

contract may be increased for each year of the contract extension by an

amount not to exceed the regional consumer price index increase for the

New York, New York-Northeastern, New Jersey area, based upon the

consumer price index for all urban consumers (CPI-U), during the

preceding twelve-month period, provided it has been satisfactorily

established by the contractor that there has been at least an equivalent

increase in the amount of his cost of operation, during the period of

the contract.

Guidelines promulgated by the state university board of trustees

shall, to the extent practicable, require that competitive proposals be

solicited for purchases, and shall include requirements that purchases

and contracts authorized under this section be at the lowest available

price, including consideration of prices available through other state

agencies, consistent with quality requirements, and as will best promote

the public interest. Such purchases may be made directly from any

contractor pursuant to any contract for commodities let by the office of

general services or any other state agency.

6. To enter into any contract or agreement deemed necessary or

advisable after consultation with appropriate state agencies for

carrying out the objects and purposes of the state university without

prior review or approval by any state officer or agency other than the

state comptroller and the attorney general including contracts with

non-profit corporations organized by officers, employees, alumni or

students of the state university for the furtherance of its objects and

purposes. Contracts or agreements entered into with the federal

government to enable participation in federal student loan programs,

including any and all instruments required thereunder, shall not be

subject to the requirements of section forty-one of the state finance

law; provided, however, that the state shall not be liable for any

portion of any defaults which it has agreed to assume pursuant to any

such agreement in an amount in excess of money appropriated or otherwise

lawfully available therefor at the time the liability for payment

arises.

* 6-a. The state university trustees shall adopt guidelines for

foundations of state-operated campuses that require each foundation to

adopt a conflict of interest policy applicable to such foundation and

its affiliated corporations. Among other items, the state university

trustees' guidelines shall require such foundation policies to provide:

(a) that service as a board member or officer thereof shall not be used

as a means for private benefit or inurement for the board member or

officer, a relative thereof, or any entity in which the board member or

officer, or relative thereof, has a business interest; (b) no board

member or officer who is a vendor of goods or services to the foundation

or its affiliated corporation, or who has a business interest in such

vendor, or whose relative has a business interest in such vendor, shall

vote on, or participate in the foundation's administration of, any

transaction with such vendor; and (c) a board member or officer shall

advise the chair of the foundation or its affiliated corporation of his

or a relative's business interest in any such existing or proposed

vendor with the foundation or its affiliate. The state university

trustees' guidelines shall define the nature of a business interest and

the closeness of a personal relation that bring a relationship within

the purposes of this subdivision.

* NB Repealed July 1, 2027

7. To refund or credit moneys paid to the state university for tuition

or any other fee or charge imposed or received by the state university

trustees (1) where such moneys were not required by law or trustees'

rule, to the extent of the amount paid; (2) where such moneys were in

excess of the amount required by law or trustees' rule, to the extent of

such excess; (3) where registration or attendance at a state university

institution is canceled or terminated prior to the expiration of an

academic term otherwise than by dismissal, to the extent prescribed by

rule or otherwise by the state university trustees; provided, however,

that no moneys shall be refunded or credited unless application therefor

is made within three years after receipt of such moneys by the state

university.

8. Except as otherwise provided herein, all moneys received by the

state university of New York and by state-operated institutions thereof

from appropriations, tuition, fees, user charges, sales of products and

services and from all other sources, including sources and activities of

the state university which are intended by law to be self-supporting may

be credited to an appropriate fund or funds to be designated by the

state comptroller. The amounts so paid into such fund or funds which

were received by or for the state university shall be used for expenses

of the state university in carrying out any of its objects and purposes

and such amounts received by or for state-operated institutions of the

state university shall be used for expenses of the state university

under regulations prescribed by the state university trustees.

Notwithstanding the foregoing provisions of this subdivision, all

dormitory facilities revenues transferred to the dormitory authority by

assignment or otherwise pursuant to paragraph y of subdivision two of

this section shall upon receipt by the state university acting as agent

for the dormitory authority be transferred and immediately paid without

appropriation thereof to the commissioner of taxation and finance

pursuant to subdivision four of section four of the state finance law

for deposit to the dormitory facilities revenue fund.

8-a. All monies received by state university health care facilities

from fees, charges, and reimbursement and from all other sources shall

be credited to a state university health care account in a fund to be

designated by the state comptroller. Notwithstanding the provision of

any law, rule or regulation to the contrary, a portion of such monies

credited may be transferred to a state university account as requested

by the state university chancellor or his or her designee. Monies to

establish reserves for long-term expenses of state university health

care facilities and to fulfill obligations required for any contract for

health care services authorized pursuant to subdivision sixteen of this

section may be designated by the state university as a reserve and

transferred to a separate contractual reserve account. The amounts in

such accounts shall be available for use in accordance with paragraph b

of subdivision four and subdivision eight of this section. Monies shall

only be expended from the state university health care account and the

contractual reserve account pursuant to appropriation. Notwithstanding

any provision of this chapter, the state finance law or any other law to

the contrary, such appropriations shall remain in full force and effect

for two years from the effective date of the appropriation act making

the appropriation. Monies so transferred may be returned to the state

university health care account; provided, however, that funds in such

contractual reserve account must be sufficient to meet the obligations

of all such contracts.

8-b. Notwithstanding the provision of any law, rule or regulation to

the contrary, the state university shall be entitled to annually receive

an apportionment and payment of state assistance equal to all moneys

derived as a result of the tuition increase, calculated as the

difference in the amount generated using the tuition rates authorized by

the state university trustees for the two thousand seven--two thousand

eight academic year and the amount generated using the tuition rates

authorized by state university trustees for the two thousand nine--two

thousand ten academic year, pursuant to the following schedule: for the

two thousand nine--two thousand ten academic year, the state university

shall receive an amount equal to twenty percent of such tuition

increase; for the two thousand ten--two thousand eleven academic year,

the state university shall receive an amount equal to thirty percent of

such tuition increase; for the two thousand eleven--two thousand twelve

academic year, the state university shall receive an amount equal to

forty percent of such tuition increase; and for the two thousand

twelve--two thousand thirteen academic year, the state university shall

receive an amount equal to fifty percent of such tuition increase. Such

apportionment shall be for the enhanced investment in the state

university of the state of New York and shall be used to supplement, not

supplant, state gross general fund support, unless the director of the

budget determines that state fiscal conditions preclude such an outcome

and, in which case, the director shall submit a report regarding the

recommended funding levels and whether the tuition increase

apportionment provisions of this subdivision have been complied with for

the state university of the state of New York to the chairs of the

senate finance committee and the assembly ways and means committee and

the chairs of the senate higher education committee and the assembly

higher education committee no later than fifteen days following the

release of the executive budget.

9. Notwithstanding any other provision of this section, the state

university trustees may assign to the state university construction fund

for the corporate purposes of the fund all or any portion of any moneys

received or to be received by the state university and by the

state-operated institutions which are not required by a donor or grantor

to be used for other state university purposes.

10. The state university trustees may authorize the chief

administrative officer of each medical center of the state university

operating in-patient or out-patient hospital facilities or clinic

facilities to compromise any claim which the state may have for care,

maintenance or treatment received or furnished to patients in such

facilities, in proper cases, where substantial justice will best be

served thereby. Any such compromise shall be subject to the prior

written approval of the attorney general.

11. Notwithstanding any provision of law, rule or regulation to the

contrary, the state university trustees may authorize the chief

administrative officer of each medical center of the state university

operating in-patient or out-patient hospital facilities or clinic

facilities to establish a system for the billing of patients for the

care, maintenance or treatment received or furnished to patients in such

facilities, which in proper cases or in the exercise of prudent fiscal

discretion may allow for the payment of such charges by means of a

credit card or similar device. Such system may allow for the payment of

such reasonable administrative fees as may be regularly imposed by a

banking institution or other credit service organization for the use of

such credit devices. In establishing such system the chief

administrative officer shall seek the assistance of the state

comptroller who shall assist in developing such system so as to ensure

that state funds allocated to such medical centers shall be utilized in

an economically feasible method.

12. The state comptroller, or a legally authorized representative of

the state comptroller, may accept from the state university in lieu of

an examination of the books and accounts of state university, including

its receipts and disbursements and any other matters relating to its

financial standing, an external examination of its books and accounts

made at the request of state university.

13. Master capital plan. On or before November fifteenth of each year,

the trustees of the state university of New York shall approve and

submit to the chairmen of the assembly ways and means committee and the

senate finance committee and to the director of the budget a master

capital plan setting forth the projects proposed to be constructed,

reconstructed, rehabilitated or otherwise substantially altered pursuant

to appropriations enacted or to be enacted during the succeeding five

years. Such plan shall specify the name, location, estimated total cost

at the time the project is to be bid, the anticipated date or dates on

which the design of such project is to commence, the proposed method of

financing and the estimated economic life of each project. Such plan

shall further specify whether proposed projects constitute new

construction, substantial rehabilitation, moderate rehabilitation or

minor rehabilitation and shall indicate how projects support

improvements in environmental protection, energy and resource

management, solar energy and conservation. Such criteria for each method

of financing shall include, but not be limited to: (i) an analysis of

private enterprise, federal and any other appropriate financing

standards, (ii) the consideration of the period of economic life of

projects as related to the method of financing, and (iii) project cost

ranges for the methods of financing. Such plan specification and

categories of construction shall be defined by the trustees, in

consultation with the state university construction fund.

Such capital master plan report shall also include, for each project

over one-million dollars, a description of the project; expected

construction start date; any changes to the previously reported start or

expected completion dates; any changes to the expected cost of the

project; the total cash encumbered for the project for the year and the

total to date for the project; and the total cash expended for the

project for the year and the total to date for the project.

All projects that are reported under this subdivision shall be

identified by campus, the name of the specific facility for which the

allocation is provided and a description of what the project is that is

being provided.

14. Notwithstanding the provisions of any general, special or local

law or charter, the state university trustees shall prepare or cause to

be prepared a development and operation plan for a state university

athletic facility, as defined in section sixteen hundred eighty-e of the

public authorities law. Such development and operation plan shall be

submitted to the director of the budget for approval not later than the

fifteenth day of September of the fiscal year of the state. The director

of the budget shall file a copy of such plan and approval thereof with

the chairpersons of the senate finance committee and the assembly ways

and means committee. No proposed amendment to the plan shall be

effective until submitted by the state university trustees and approved

by, the director of the budget and filed by the director with the

chairpersons of the senate finance committee and the assembly ways and

means committee.

Such development and operation plan shall include, but not be limited

to, provisions concerning the following:

(a) revenue and expense estimates for the succeeding three year period

commencing in the year of the completion of construction and beneficial

occupancy of the state university athletic facility;

(b) the sources of revenues that are projected to be available to meet

all costs of the operation, repair, maintenance and continuing use of

the state university athletic facility, and any net income remaining to

cover subsequent annual debt service expenses, and evidence satisfactory

to the state university of New York and the director of the budget that,

consistent with university and community use as set forth in this

section, revenues will be maximized and available when needed for the

state university athletic facility; and

(c) plans for the development, operation, repair, maintenance and

continuing use of the state university athletic facility under the care,

custody, and management of the state university to include, but not be

limited to, athletic competition of the state university of New York at

Buffalo, amateur sports, appropriate community events, and activities

that generate support for facility operations.

15. State university fiscal year. Notwithstanding any provision of

this chapter, the state finance law, or any other law to the contrary,

on and after the first day of July, nineteen hundred ninety-three, the

fiscal year of the state university of New York, for the purposes of the

budget, appropriations, receipts and disbursements of state moneys and

all other revenues of the state university, financial reporting, and all

other affairs of the state university which are regulated in accordance

with or are based on a fiscal year, shall begin with the first day of

July and end with the next following thirtieth day of June.

Appropriations made for the state university for whatever purpose on the

basis of the state university fiscal year which at the close of such

fiscal year shall cease to have force and effect except as to

liabilities already incurred thereunder shall as to such liabilities

continue in force and effect until the next succeeding thirtieth day of

September, on which date such appropriation shall lapse and no money

shall thereafter be paid out of the state treasury or any of its funds

or any of the funds under its management pursuant to such appropriation.

16. Subject to laws and regulations applicable to the state university

as a health care provider the state university trustees may:

a. Notwithstanding section one hundred sixty-three of the state

finance law, authorize contracts for a state university health care

facility for participation in managed care networks and other joint and

cooperative arrangements with public, non-profit or business entities

including entering into a maximum of twenty network arrangements per

year, as partners, joint ventures, sole member or members of non-profit

or for-profit corporations, sole member or members of non-profit or

for-profit limited liability companies, as lessor or lessee, as

participants in joint operating agreements, and shareholders of business

corporations, and the provision of management and administrative

services by or for state university; provided, however, that any such

contracts with for-profit entities shall be authorized only upon

approval by the commissioner of health and the director of the division

of the budget of a request by the chancellor demonstrating financial

need of a state university health care facility. Any contract for the

provision of management services shall be subject to any provision of

the public health law and health regulations applicable to the state

university as a health care provider, including any review by the

commissioner of health pursuant to 10 NYCRR section 405.3(f). In

addition, the commissioner of health shall provide for public comment

within thirty days of a submission of any management contract required

to be reviewed pursuant to regulation. The trustees may also authorize

contracts, including capitation contracts, for a state university health

care facility for the provision of general comprehensive and specialty

health care services, directly or through contract with other service

providers or entities, including state university employees or entities

comprised thereof. Contracts authorized hereunder shall be:

(1) consistent with trustee guidelines respecting all terms and

conditions necessary and appropriate for managed care and other network,

joint or cooperative arrangements, including guidelines for comparative

review where appropriate;

(2) subject to laws and regulations applicable to the state university

as a health care provider, including with respect to rates and

certificates of need; and

(3) subject to article fourteen of the civil service law and the

applicable provisions of agreements between the state and employee

organizations pursuant to article fourteen of the civil service law.

b. (i) Notwithstanding the provisions of subdivision two of section

one hundred twelve of the state finance law relating to the dollar

threshold requiring the comptroller's approval of contracts and

subdivision six of section one hundred sixty-three of the state finance

law, authorize contracts for the purchase of goods and services for

state university health care facilities:

(A) for any contract which does not exceed one hundred fifty thousand

dollars; or

(B) for joint or group purchasing arrangements which do not exceed one

hundred fifty thousand dollars without prior approval by any other state

officer or agency in accordance with procedures and requirements found

in paragraph a of subdivision five of this section.

(ii) contracts authorized hereunder shall be subject to article

fourteen of the civil service law and the applicable provisions of

agreements between the state and employee organizations pursuant to

article fourteen of the civil service law. The trustees are authorized

to negotiate annually with the state comptroller increases in the

aforementioned dollar limits.

c. Authorize contracts for the acquisition, by purchase, lease,

sublease, transfer of jurisdiction or otherwise, of facilities suitable

for the delivery of health care services and for the construction,

repair, maintenance, equipping, rehabilitation or improvement thereof.

Such contracts shall be subject to approval by the attorney general as

to form and by the director of the budget and the state comptroller.

Contracts under this paragraph shall be funded from any moneys lawfully

available for the expenses of the health care facilities.

17. Investigation of crimes and crime reporting. a. The board of

trustees of the state university of New York shall adopt rules requiring

that each institution of the state university, on or before January

first, two thousand, adopt and implement a plan providing for the

investigation of any violent felony offense occurring at or on the

grounds of each such institution, and providing for the investigation of

a report of any missing student. Such plans shall provide for the

coordination of the investigation of such crimes and reports with local

law enforcement agencies. Such plans shall include, but not be limited

to, written agreements with appropriate local law enforcement agencies

providing for the prompt investigation of such crimes and reports and a

requirement that the institution shall notify the appropriate law

enforcement agency as soon as practicable but in no case more than

twenty-four hours after a report of a violent felony or that a student

who resides in housing owned or operated by such institution is missing;

provided that each institution shall: (1) inform each victim of a sexual

offense of their options to notify proper law enforcement authorities,

including on-campus and local police; (2) inform the victim of a sexual

offense of the right to report or not to report such offense to local

law enforcement agencies; and (3) offer the option to be assisted by

campus authorities in notifying such authorities, if the victim of

sexual assault so chooses, all in compliance with applicable federal

law, including, but not limited to, the federal Campus Sexual Assault

Victims' Bill of Rights under Title 20 U.S. Code Section 1092(f).

b. As used in this subdivision, the following terms shall have the

following meanings:

(i) "Local law enforcement agencies" means any agency or agencies

employing peace officers or police officers for the enforcement of the

laws of the state, and which has or have jurisdiction under provisions

of the criminal procedure law over offenses occurring at or on the

grounds of any institution subject to the provisions of this

subdivision.

(ii) "Missing student" means any student of an institution subject to

the provisions of this subdivision, who resides in a facility owned or

operated by such institution and who is reported to such institution as

missing from his or her residence.

(iii) "Violent felony offense" means a violent felony offense as

defined in subdivision one of section 70.02 of the penal law.

18. Scholarships for academic achievement. a. (1) Beginning with the

two thousand--two thousand one academic year and thereafter,

scholarships for academic achievement shall be awarded to full-time

students completing their sophomore and junior years of study at all

state university state operated campuses. Two thousand five hundred

scholarships shall be awarded to students in the junior year of study

and two thousand five hundred scholarships shall be awarded to students

in the senior year of study.

(2) Scholarships made to students in the junior year shall be to the

two thousand five hundred students with the highest cumulative grade

point average at the end of such students sophomore year of study. Any

student receiving such award shall be a New York state resident and

shall have a minimum grade point average of 3.5. Such scholarship shall

be awarded at the beginning of the spring semester of such student's

junior year.

(3) Scholarships made to students in the senior year will be to the

two thousand five hundred students with the highest cumulative grade

point average at the end of such students' junior year of study. Any

student receiving such award shall be a New York state resident and

shall have a minimum grade point average of 3.5. Such scholarship shall

be awarded at the beginning of the spring semester of such students'

senior year.

b. Each individual state university of New York state operated campus

shall receive no more than its pro rata share of awards than the

percentage of such university's juniors and seniors represent of the

entire system enrollment in the junior and senior classes.

c. Upon determination of the recipients of the annual awards, the

chancellor shall notify the members of the state legislature of all

recipients who permanently reside within the district that such members

represent.

19. The state university of New York shall provide the chairs of the

assembly ways and means committee and the senate finance committee with

the formula and/or methodology used in determining state aid allocations

to state university of New York state operated campuses and

university-wide programs and the specific budget allocation to each

campus and university-wide program based on the overall funding level

for state-operated campuses and university-wide programs included within

the executive budget submission for the state university of New York

within forty-five days after the submission of the executive budget and

within thirty days after the enactment of the state budget.

20. The state university trustees shall adopt rules requiring that

each institution of the state university of New York adopt written

policies requiring that all public single-occupancy bathroom facilities

be designated as gender neutral for use by no more than one occupant at

a time or for family or assisted use. Such gender neutral bathroom

facilities shall be clearly designated by the posting of such on or near

the entry door of each facility. For purposes of this section,

"single-occupancy bathroom" shall have the same meaning as paragraph (d)

of subdivision one of section one hundred forty-five of the public

buildings law.

21. The state university trustees shall adopt a policy requiring that

each institution of the state university of New York collaborate with

students, faculty and staff to encourage campuses to eliminate the use

of certain plastic items generally recognized by the public as being

designed for single use. Such plastic items may include, but shall not

be limited to, tableware, straws, stirrers, cups and food service

containers. In establishing such a policy, the trustees shall consider

the following:

a. the availability of affordable alternatives;

b. the accessibility of alternatives to all students, faculty, and

staff;

c. an evaluation of the effectiveness of reusable alternatives; and

d. benchmarks for assessing progress.