2023 New York Laws › EDN - Education › Title 1 - General Provisions › Article 8 - State University and State Financial Assistance for Higher Education › 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, 2026
* 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, 2026
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.
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 his or her  designee,  the  board  of  trustees  may
annually impose differential tuition rates on non-resident undergraduate
and  graduate  rates  of  tuition  for state-operated institutions for a
three  year  period  commencing  with the two thousand twenty-three--two
thousand twenty-four academic  year  and  ending  in  the  two  thousand
twenty-five--two  thousand  twenty-six 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.
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.