2004 Legislative Session Summary Monday, February 07, 2005 Laws of 2004 Chapter 4 – Retirement Earnings A.9349 Sweeney S.5893 Leibell Increases the amount of money a retiree may earn in a position of public service in the year 2004 and thereafter to $27,500. Chapter 24 – Peace Officer Clarifications S.5824 Meier A.9260 Destito Clarifies provisions of Chapter 689 of the Laws of 2003 as it pertains to powers of community college peace officers removing the authority of such peace officers to apply for and execute arrest or search warrants. Chapter 28 – Electronic Textbooks A.9837 Stringer S.6241 Paterson Requires publishers and manufacturers of instructional materials for students to provide electronic copies of such material for use by disabled persons. Chapter 53 - Budget – SUNY Appropriations A.9553-B Budget S.6053-B Budget Contains 2005-05 appropriations for state-operated and community college budgets which includes an additional $58 million for state operated campuses and community colleges. Chapter 55 - Budget – SUNY Capital Program A.9555-B Budget S.6055-B Budget Contains the Governor’s $1.8 billion five year capital program. Chapter 57 - Budget – Appropriation Language A.9557-B Budget S.6057-B Budget Requires SUNY to provide to the Legislature the budget allocation formula or methodology which would be applied to the Governor’s Executive Budget request within 45 days following submission to the Legislature and again 30 days following final passage of the budget by the Legislature. Chapter 59 – Appropriation Language A.9559-B S.6059-B Requires SUNY’s capital master plan reports to contain project specific information for projects over $1 million and increases the bond cap to $5.160 billion. Chapter 75 – Bias Crime Clarifications S.6334 LaValle A.10001 Canestrari Provides for the development and dissemination of bias related crime prevention measures information on college campuses and property. Chapter 76 – Dental Residency A.6065-B DiNapoli S.5386-A LaValle Requires the completion of an accredited dental residency program eliminating the need for individuals in accredited dental residency programs to obtain a limited permit to practice dentistry and the requirement of a clinical examination for dental licensure Chapter 83 – Work Study S.6358 Meier A.10097 Glick Extends chapter 534 of the laws of 2000, which clarifies the definition of work activities to include certain work-study and internship positions and further ensures that students will have the opportunity to continue in school even if assigned to other work activities by extending the provisions of this chapter to June 30, 2006 Chapter 103 – CSEA Contractual Agreement A.11281 Abbate S.7344 Robach Relates to implementing agreements between the state and CSEA providing for compensation benefits and other terms and conditions of employment. Chapter 137 - UUP Contractual Agreement S.7632 Robach A.11696 Canestrari Relates to implementing agreements between the state and an employee organization providing for the adjustment of salaries of certain incumbents in the professional service in the state university. Chapter 180 - Cadaver Availability S.7544 Hannon A.11566 Stringer Provides for the disposition of unclaimed cadavers to colleges, schools, or institutes maintaining a mortuary science program. Chapter 199 - Charitable Property Donations A.10286 Grannis S.5987-A Seward Relates to permitting charitable foundation and annuity societies to receive gifts of property. Chapter 230 - Clinical Social Workers S.7613 Libous A.9102-A Pretlow Makes conforming changes to reflect the practice of licensed clinical social work including the use of the title certified social worker. Chapter 237 - Prostate Screening Leave A.6927 Carrozza S.2101 Marcellino Directs the granting of excused leave to a public officer or employee of this state to undertake screening for prostate cancer and provides that such leave shall not be charged against any other leave such employee is entitled to. Chapter 250 - Veterans TAP Access A.9564 Sweeney S.6188 Maltese Extends the application period of time during which Vietnam and Persian Gulf veterans must apply for tuition awards with the New York state higher education services corporation until September 1, 2006. Chapter 411 - Budget – Appropriation Language A.11795 Rules S.7712 Rules Contains various operational provisions to implement the 2004-05 SUNY budget including child care disbursements, community college base aid distribution, workforce and BRIDGE allocations and a provision to negate the requirement that SUNY and HESC execute an MOU to increase participation in the HESC student loan program. Chapter 418 - Military Enhancements S.7607 Little A.11697 Destito Relates to certain benefits for members of the armed forces including the waiver of professional continuing education requirements, tuition awards for certain Afghanistan veterans and the reemployment of retired members of public retirement systems by local governments upon military activation of employees. Chapter 419 - PEF Contractual Agreement A.11801 Abbate S.7719 Robach Relates to the compensation, benefits and conditions of employment between PEF and the state and authorizes funding joint labor-management committees. Chapter 510 - Defibrillator Access A.4421-B Gottfried S.2027-B LaValle Makes duty of superintendent or chief executive officer of a public building or public institution to equip same with automated external defibrillator. Chapter 523 - Employee Contracting A.11591 Destito S.5148-A Johnson Permits former state officers and employees to contract with state agencies where such contractor has expertise in a particular matter. Chapter 530 - Agency Appearances S.5141 Johnson A.8974 Destito Allows state officers and employees, acting in the proper discharge as state or local government employees, to appear for compensation before state agencies. Chapter 540 - Patient Treatment A.11593 Destito S.6838 Johnson Permits former health care professionals employed by the state to continue to treat clients and patients at certain state facilities which formerly employed such health care professionals. Chapter 547 - Regents Veteran Awards S.1513 Maziarz A.10427 Hoyt Allows a student who has a step-parent who is a qualified deceased or disabled veteran to be eligible for a regents award even if the student's biological parent is living. Chapter 647 - Retirement Transfers S.6399-A Robach A.10241-B Abbate Relates to the transfer of reserves between public employee retirement systems of the state by eliminating the transfer of reserve requirement as a necessary step to completing the transfer of memberships between public employee retirement systems within the state of New York. Chapter 653 - HESC Student Member – BOT Proposal #3 (2004) S.6555 LaValle A.10331 Lifton Provides that the state university student representative on the board of trustees of the New York state higher education services corporation shall be the president of the student assembly of the state university. Chapter 694 - Credit Card Merchandising S.510-C Maziarz A.9719-A Boyland Prohibits the direct merchandising of credit cards to students on college campuses. Chapter 713 - Credit Card Merchandising A.11799 Boyland S.7663-B Maziarz Chapter amendment to S.510-C/A.9719-A clarifying the provisions related to the prohibition of direct merchandising of credit cards through colleges. Chapter 727 - Internet Applications S.1777 Trunzo A.10135 Bing Requires state agencies or other instrumentalities of the state to make application forms developed and distributed by such agency for public use available on the internet. Chapter 734 - Adjunct Unemployment Insurance S.6757 Padavan A.8232 John Clarifies the term educational institution to include the state university of New York, the city university of New York and any public community colleges for the purpose of benefits based on professional employment. Chapter 755 - Clinical Lab Technicians S.3762-B Balboni A.8094-B Canestrari Enacts the clinical laboratory technology act defining the practice of clinical laboratory technology and clinical laboratory technology practitioner. Vetoes of 2004 Veto #4 - Records Access A.8486 John S.4610 Spano Would have provided for public access to certain records of public entities regarding certain public work and building service employees including records pertaining to the employee classifications of, rate of wages and number of hours worked by the employees of contractors classified as apprentices. Veto #109 – Colleges of Technology Faculty Positions A.9553-B Budget S.6053-B Budget Would have provided $2.4 million in additional funding for continuation of the technology college full-time faculty initiative. Veto #110 – Educational Opportunity Programs A.9553-B Budget S.6053-B Budget Would have provided $820,000 in additional funding. Veto #111 – Community College Base Aid A.9553-B Budget S.6053-B Budget Would have provided $13.8 million in additional funding for base operating aid. Veto #112 – Community College Rental Aid A.9553-B Budget S.6053-B Budget Would have provided $700,000 in additional funding for rental aid. Veto #113 – Cornell Cooperative Extension A.9553-B Budget S.6053-B Budget Would have provided $193,000 additional funding for county cooperative extension services. Veto #194 – SUNY State-Operated Capital Additions S.6055-B Budget A.9555-B Budget Would have provided $336.2 million additional capital funding for state operated campuses and EOC's. Veto #195 – SUNY Hospital Capital Additions S.6055-B Budget A.9555-B Budget Would have provided $69 million additional capital funding for the SUNY hospitals. Veto #196 – Community College Capital Additions S.6055-B Budget A.9555-B Budget Would have provided $55.3 million in additional capital funding, reflecting the State’s 50% share of $110.6 million in new capital projects. Veto #197 – Higher Education Capital Matching Grant Program S.6055-B Budget A.9555-B Budget Would have enacted the $350 million Higher Education Capital Matching Grants Program. Veto # 229 - Police Transfer A.1219 Canestrari S.618 McGee Includes state university of New York police in provisions permitting transfer of police officers to other state and local police departments. Veto #234 - Health Benefits A.4962-A Abbate S.973-A Farley Prohibits the diminution of health insurance benefits of public employee retirees and their dependents or reducing the employer's contributions for such insurance from May 1, 2004 until May 15, 2005. Veto #236 - Admissions Standards A.7143-A Canestrari S.289-A LaValle Precludes the use of a minimum standardized test cut-off score for student admission to or rejection by the state university of New York and city university of New York. Veto # 239 - Work Day Rules A.10979-A John S.7592 Spano Required contracts for public work entered into by a third person acting on behalf of and for the benefit of a public entity to contain a stipulation that certain workers shall not be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in certain cases. Veto # 240 - Police Retirement A.990-C McEneny S.4127-B Robach Allows state university police officers to transfer to the New York state & local police and fire retirement system and be covered by the 25 year half pay retirement plan with additional one-sixtieth of final average salary for each year of service in excess of 25 years. Veto #245 - Architectural Contracts A.6028 Schimminger S.3908 Robach Expands the definition of the term "state department" to include public authorities and public benefit corporations, created pursuant to law, which included the SUNY Construction Fund, where at least one of the members is appointed by the governor for purposes of letting state contracts for architectural and engineering services. Veto #266 - Budget Reform A.11702 Rules S.7615 Rules Provides for numerous budget reforms including establishing a procedure for implementation of a contingency budget on the first day of the fiscal year in the event the legislature has not finally acted upon all appropriation bills submitted by the governor; changes the date of the fiscal year; creates the New York state independent budget office; enacts provisions relating to appropriations for public education; submission of financial plans; provides for revision of information by the executive to reflect legislative action on the executive budget and contingency budget; relates to amounts held and transferred to and by the tax stabilization reserve fund and establishes the fiscal stabilization reserve fund; and provides that the budget shall include a current services budget projecting the cost of continuing levels of activities and programs authorized for the current state fiscal year as well as provisions of law scheduled to take effect through the conclusion of the ensuing state fiscal year. Veto #268 - Agency Safety Standards S.2458-A Onorato A.8187-A John Provides that the commissioner of labor shall, on or before March 1, 2005, and annually thereafter, report to the governor and legislature specified detailed information regarding inspections and complaints regarding safety and health standards for public employees. Constitutional Amendment - Passed Both Senate and Assembly – Pending Second Year Legislative Approval Contingency Budgets A.11231 Silver S.7317 Bruno Amendment to the state constitution relating to the submission of the budget to the legislature by the governor and authorizes a contingency budget to take effect in certain circumstances, moves the start of the fiscal year to May first, and provides other constitutional reforms to improve the State budget process and to ensure timely enactment of a State budget. Higher Education Legislation by Topic Not Passed by both the Assembly and Senate Board of Trustees Board Membership A.4946 Pretlow No Senate Companion Provides that trustees of the state and city universities may not be employees of, or under the supervision of, the appointing authority. Status: Assembly Calendar 79 Trustee Nominating Process A.5512 Lifton No Senate Companion Establishes the committee on university boards of trustees nominations to recommend candidates who must be considered for appointment to fill vacancies on the board of trustees of the state university of New York, the city university of New York and the college of environmental science and forestry of the state university of New York establishing qualifications for such candidates and orientation education program and continuing education program for members of such boards of trustees. Status: Assembly Calendar 1093 Faculty Trustee A.7141-A Canestrari S.486-A LaValle Provides that the board of trustees of the state university shall be increased from sixteen to eighteen members; additional members to be the president of the university faculty senate (state-operated campuses) and the president of the faculty council (community college campuses) who shall be ex-officio and non-voting; also provides that the president of the student assembly member shall also be nonvoting. Status: Assembly Calendar 1099; Senate Higher Education Trustee Selection A.11356 Cahill S.7071 Robach Establishes independent commissions on the SUNY and CUNY boards of trustees to consider and evaluate qualifications of candidates for appointment to the SUNY and CUNY board of trustees. Status: Assembly Higher Education; Senate Higher Education Alumni Trustees A.656 Hoyt No Senate Companion Requires four appointees as state university trustees to be alumni of an educational unit in the state university. Status: Assembly Calendar 51 Academics Dissertation Sales A.3110 Weprin S.298 LaValle Prohibits the sale of academic dissertations, theses and term papers whether written or provided through electronic media. Status: Assembly Codes; Passed Senate Degree Duplication A.3350-A Weprin S.211-A LaValle Requires the state university trustees to report to the governor and the legislature concerning the steps taken to establish a process by which decisions are made to eliminate or reduce duplication of academic degree programs within the state university system. Status: Assembly Higher Education; Senate Higher Education Academic FOIL A.6387 Canestrari S.5103 Saland Exempts classroom teaching aids and/or materials utilized in the instruction of a college course from those materials that an agency must disclose under the freedom of information law. Status: Assembly Governmental Operations; Senate Investigations Textbook Availability A.6684 Englebright No Senate Companion Requires institution, faculty and staff of state and city universities to provide all textbook retailers, upon request, with information on textbooks to be used in courses of study when any one retailer is provided with such information. Status: Assembly Higher Education Textbook Review Board A.8316 Cahill No Senate Companion Authorizes the trustees of the state university of New York to create an academic review board for the review of textbooks sold, purchased or used for academic purposes on all state university of New York campuses. Status: Assembly Higher Education SAT Validity Study A.8940 Canestrari S.296 LaValle Extends the effectiveness of provisions of law relating to standardized testing until July 1, 2008. Status: Assembly Higher Education; Senate Higher Education Home Schooling Admissions S.6094 Robach No Assembly Companion Prohibits the commissioner of education from requiring pupils who have completed the requirements of a home school education or a non-public school program to obtain or submit proof of having obtained a general education development certificate or any accredited diploma and that the regents shall evaluate and consider all applicants from a home school educational or a non -public school program in a fair and nondiscriminatory manner Status: Senate Higher Education Master Planning – BOT Proposal 11R (2004) S.6705 LaValle No Assembly Companion Conforms State Education Department higher education master planning activities of SUNY and CUNY, now conducted every four years, to the eight year master planning cycle of private colleges and universities. Status: Senate Higher Education Eminent Scholar Matching Grants – BOT Proposal #2 (1999) A.7142 Canestrari S.369 LaValle Enacts the New York's state university eminent scholars and challenge grant program act creating within the endowment fund of the state university an eminent scholars and trustees challenge grant account to be used to endow eminent scholar chairs and professorships and trustees challenge grants and provides for private matching contributions. Status: Passed Assembly; Senate Higher Education Credit Transferability A.417 Kaufman No Senate Companion Requires SUNY and CUNY trustees to provide uniform standards for transferability and acceptance of course credits among various units of the university on the graduate and undergraduate levels. Status: Assembly Higher Education Firefighter Academic Credit A.6399-A Tocci S.4107 Robach Grants volunteer firefighters and emergency medical technicians academic credit at state operated institutions of the state university of New York and the senior colleges and community colleges of the city university of New York to the extent of six credits per year, and 18 credits in the aggregate. Status: Assembly Higher Education; Senate Higher Education Tuition & Fees Over 60 Tuition A.3267 McEneny S.1532 Farley Authorizes the trustees of the state university to permit persons sixty years of age or over to take courses on a space available basis given therein for credit without tuition, as well as auditing such courses; such eligible persons may take up to nine hours of courses for credit without tuition. Status: Passed Senate; Held in Assembly Higher Education National Guard Graduate Tuition A.4342 Schimminger S.2424 Leibell Permits national guard members to participate in tuition benefits for graduate education. Status: Assembly Higher Education; Senate Finance Fee Determination A.6829 Hoyt No Senate Companion Makes provisions regarding the determination of student fees in the state university including when and how fee determinations are made and presented. Status: Assembly Higher Education Non-Custodial Tuition A.6876 Eddington S.1000 Trunzo Provides that the tuition and fees of non-resident students of the state university of New York, city university of New York and community colleges within the state shall be no greater than that of resident students if such non- resident student has a non-custodial parent residing in this state or within the sponsoring district and such parent's child support payments are not in arrears. Status: Assembly Higher Education; Passed Senate Migrant Worker Access A.7412 Eddington A.7467 Canestrari No Senate Companion Enacts the "access to higher education for migrant worker families act of 2003" to expand the access of migrant agricultural workers and their spouses and dependent children to higher education at institutions of the state university. Status: Assembly Ways and Means Fixed Tuition Limitations A. 11274 Gromack No Senate Companion Provides a stable tuition option for students in SUNY system schools by allowing students and their families to secure a fixed tuition rate for a predetermined number of college or university semesters. Status: Assembly Higher Education Medical School Tuition S.4776 Flanagan No Assembly Companion Prohibits state university trustees from raising tuition of medical students at state-operated institutions during period of attendance. Status: Senate Higher Education Tuition Guarantee S.5945 LaValle No Assembly Companion Provides for four year fixed tuitions at the state university of New York and the city university of New York. Status: Senate Finance Employee Tuition Waiver A.784 Hoyt No Senate Companion Provides a partial tuition waiver of 50% for children of employees of the state university who have worked for the university for at least 5 consecutive years. Status: Assembly Higher Education Financial Aid EOP Designation A.9724 Hoyt S.6134 Volker Renames the elementary and secondary education opportunity program in honor of former assemblymember Arthur O. Eve; and renames the opportunity for higher education in honor of former assemblymember Arthur O. Eve. Status: Passed Assembly; Senate Rules Academic Excellence A.9972 Seddio No Senate Companion Establishes the academic promise tuition award for students who achieve excellence in secondary education; provides that eligibility for the award is a 3.5 grade point average upon graduation from a New York state high school, and maintenance of good academic standing; provides full tuition to any New York state college or university. Status: Assembly Higher Education Aid Disclosure Policies A.1899 Tokasz S.299 LaValle Enacts the "financial aid disclosure act" requiring institutions of higher education to disclose financial aid policies relating to contributions to be made by such institution, any changes which may result to such financial aid and the reasons therefore. Status: Senate Rules; Assembly Higher Education Nursing Faculty Scholarships S.7272 LaValle No Assembly Sponsor Enacts the "Regents Nursing Faculty Scholarship Act" which provides graduate scholarships for eligible applicants who agree to teach on nursing faculties following graduation Status: Senate Higher Education Community Colleges Honorary Degrees A.890-B Pretlow No Senate Companion Grants the board of trustees of community colleges the authority, subject to the approval of the board of regents, to grant honorary associate degrees. Status: Passed Assembly Regional Community Colleges A.6027 Schimminger S.303 LaValle Authorizes community colleges, college sponsors, and eligible local governments to establish community college regions to sponsor an existing community college operating under the program of SUNY, to transfer sponsorship from the existing sponsor to the community college region, and to protect upon transfer the employment and collective bargaining rights of all employees of a community college. Status: Assembly Higher Education; Senate Higher Education Board Appointments A.8103 Morelle S.3079 LaValle Provides that certain members of community college boards of trustees shall be appointed by the county executive with the advice and consent of the local legislative body or board. Status: Assembly Higher Education; Senate Higher Education Full-Time Faculty Ratios A.9489 Gunther A. S.212 LaValle Provides that at every community college, each division, department or academic discipline, a minimum of sixty percent of the faculty shall be full- time except where the nature of the educational program and the expertise required justifies a departure from such requirement. Status: Assembly Higher Education; Senate Higher Education Students Dormitory Smoking A.2765 Paulin S.2418 Leibell Prohibits smoking in dormitories, residence halls, and other group residential facilities of public and private colleges, universities, and other educational and vocational institutions; allows the owner, operator, or manager of dormitories, residence halls, and other group residential facilities of public and private colleges, universities, and other educational and vocational institutions to designate a separate smoking area. Status: Assembly Health; Senate Health Academic Record Access A7430 Ortloff No Senate Companion Requires every institution of higher education to provide notice to each newly admitted student and his or her parents of the parents' and student's rights under the federal Family Educational Rights and Privacy Act and the availability of a waiver signed by the student which grants access to parents to the student's academic records. Status: Assembly Higher Education Disability Funding A.7519 Cahill S.3793 Libous Establishes a funding program for the improvement of disability services at institutions of higher education; defines terms; requires the commissioner of education to file an annual report to the board of regents and the legislature. Status: Assembly Ways and Means; Senate Finance Credit Card Issuance A.8127-A Morelle No Senate Companion Relates to the issuance of credit cards to full-time, traditional-aged college students establishing a maximum amount limitation for the credit line and prohibits the issuance of more than one credit card to a student who has no independent income and already has a credit card. Status: Assembly Consumer Affairs and Protection Student Fee Referendum A.9523 Gunther A. S.1245 Johnson Requires the biennial conducting of a referendum of the student body at each college and university of the state university of New York and city university of New York, and at each community college as to whether the student activity fees shall be mandatory or voluntary and requires the funds from such fees to be disbursed in a fair and neutral manner without regard to the viewpoints of organizations requesting funding. Status: Assembly Higher Education; Passed Senate Credit Card Debt A.6011 Rivera P. No Senate Companion Requires every institution of higher education in the state to interview students who withdraw to determine whether such withdrawal is the result of credit card debt incurred by the student and requires that a course of instruction on the implications of establishing a bad credit rating be given to newly entering students. Status: Held in Assembly Higher Education Textbook Tax Deduction A.9771 Karben S.6494 Morahan Provides a deduction in determining personal income tax for the cost of textbooks at New York private or public college or university by a taxpayer or such taxpayer's eligible dependent; defines "eligible dependent" and "qualified education expenses". Status: Held in Assembly Ways and Means; Senate Investigations Polling Places A.9847 Karben No Senate Companion Provides that whenever a college or university exists within an election district, there shall be established a polling place at the registrar's office of such college or university; provides that the provisions of this subdivision shall only apply to primary and general elections. Status: Assembly Election Law Suicide Prevention Intervention A.10185 Robinson S.7256 Oppenheimer Establishes the collegiate suicide prevention program. Status: Assembly Higher Education; Senate Higher Education Grade Notification S.1222-B Larkin A.10536 Weisenberg Requires colleges to notify parents and legal guardians of a dependent student of such student's course grades and semester average, upon request, prior to the commencement of the next academic semester. Status: Passed Senate; Assembly Higher Education Grade Notification S.2571 LaValle No Assembly Companion Requires institutions of the state university system to notify parents and legal guardians of a student of such student's course grades where such parent or guardian contributes at least one-half of the tuition and other expenses of such student. Status: Senate Higher Education Hazing Prevention Programs S.6353-A LaValle No Assembly Companion Provides increased penalties and expands the scope of hazing as it applies to athletic teams, fraternities and sororities on New York state university campuses. Status: Passed Senate Textbooks Sales Tax A.10386 Ortiz No Senate Companion Expands the exemption of textbooks required or recommended by college professors for use in a particular course from sales and compensating use taxes and also requires that students provide a course syllabus or form which identifies course materials as a requirement for such exemption. Status: Held in Assembly Ways and Means Polling Places A.7388 Bradley S.3643 Oppenheimer Provides that whenever the majority of voters eligible to vote in an election district reside on a college or university campus, the polling place designated for such election district shall be on such campus. Status: Assembly Calendar 151; Senate Elections Credit Card Solicitation and Education S.7069 Spano No Assembly Companion Requires institutions of higher learning to provide new students a course of instruction on the implications of establishing a bad credit rating; authorizes such institutions to regulate on-campus activities of credit card issuers. Status: Senate Higher Education Community Service S.7092 LaValle No Assembly Companion Enacts the "higher education community service opportunity act" to encourage and promote a program whereby students who have benefited from society's assistance with their education return their talents to society to assist with pressing human, educational, environmental and public safety concerns Status: Senate Higher Education Parental Notification A.11276 Gunther S.7333 Bonacic Requires every institution of higher education to provide notice to each newly admitted student and his or her parents of the parents' and student's rights under the federal Family Educational Rights and Privacy Act and access to parents to the student's academic records Status: Assembly Higher Education; Senate Rules Management Foreign Gift Disclosure A.1797 Tokasz S.487 LaValle Requires disclosure of gifts made to certain foundations by foreign governments, persons and entities; imposes fines for violations. Status: Passed Senate; Assembly Higher Education Contract Approvals A.4159 Englebright No Senate Companion Establishes contract approval control boards at state operated institutions of the state university to approve non-academic service contracts; makes related provisions. Status: Assembly Higher Education Campus Signs A.4161 Englebright No Senate Companion Protects and regulates the posting of signs on college campuses by student organizations. Status: Assembly Higher Education Campus Tabling A.4162 Englebright No Senate Companion Defines the term "tabling" as dissemination of information and allows organizations to do tabling outside buildings on campus so long as they don't block access to the academic use of campus buildings. Status: Assembly Higher Education Foreign Student Tracking A.6069-A DiNapoli S.345-A LaValle Provides that institutions of higher education shall compile reports regarding foreign students enrolled in such institutions; delineates the statistical information that each approved school must maintain for all foreign students attending with a student visa; requires the state department of education to provide a compilation to the legislature of the information submitted. Status: Assembly Higher Education; Passed Senate Trademark Licensure A.6173 Englebright S.3879 Maltese Prohibits the state university of New York, the city university of New York and community colleges from licensing their trademarks for use on unlawfully manufactured apparel; requires such educational institutions to disclose certain information regarding licensees of their trademarks. Status: Assembly Calendar 832; Senate Rules Distance Learning Limitations A.7140 Canestrari S.5105 Saland Provides for the loss of state aid apportionments for those institutions of higher education that enroll 50 percent or more of the institution's total number of all courses by telecommunications or correspondence; the commissioner may waive this requirement upon a showing of cause as determined by the commissioner. Status: Assembly Higher Education; Senate Higher Education OGS Purchasing – BOT Proposal #12 (2004) A.7253 DiNapoli S.284 LaValle Authorizes any non-profit corporation organized in furtherance of the objects and purposes of the state university of New York to participate in state commodities and services contracts of the office of general services. Status: Assembly Governmental Operations; Senate Finance Matching Gift Incentive S.5952 LaValle No Assembly Companion Creates the "New York state university academic scholars matching gift incentive program act" to provide matching state funds for private contributions to state university institutions. Status: Senate Higher Education Defibrillator Availability A.10215 Weisenberg No Senate Companion Requires automated external defibrillators on SUNY and CUNY campuses Status: Assembly Higher Education Not-For-Profit Oversight A.10239 Brodsky S.4836-B Leibell Provides additional protection against corporate financial fraud and abuse by the officers of not-for-profit corporations and prohibits self-dealing between an officer or director and such corporation. Status: Assembly Corporations; Senate Corporations Building Naming A.10293 Morelle No Senate Companion Prohibits the naming of a building after a public official because such public official was responsible for securing public funds for the person or entity naming the building. Status: Assembly Governmental Operations Not-For-Profit FOIL S.6459 Leibell A.3783-A McEneny Makes certain not-for-profit corporations subject to the freedom of information law and the open meetings law; records identified as secure by the office of public security or the state police shall not be subject to the freedom of information law and the open meetings law. Status: Senate Rules; Assembly Government Operations Maritime Alumni Association S.6534 LaValle No Assembly Companion Establishes the state university of New York maritime college alumni association Status: Senate Rules Fundraising Ethics A.10415-A Destito S.6709-A Spano Requires that professional fund raisers be required to register with the attorney general to complete a course of instruction in the law and ethics of fund raising and philanthropy. Status: Assembly Codes; Passed Senate Defibrillator Access S.6797 Nozzolio No Assembly Companion Authorizes public access defibrillation providers to possess and carry automated external defibrillators in personal motor vehicles Status: Senate Health Subcontracting A.10924 Brodsky No Senate Companion Limits the use of subcontracting by public authorities or other entities when it would duplicate services of professional, maintenance, clerical or technical employees in a bargaining unit of the public authority or other entity. Status: Assembly Corporations Defibrillator Availability A.9596 Weisenberg S.4001 Alesi Requires at least one functional cardiac defibrillator be made available for emergency use to resuscitate attendees at each facility having a capacity for occupancy by 1,000 or more people and requires at least one person employed by the facility who is trained in its proper operation and use and who will be present at such function to assist in its use. Status: Passed Assembly; Senate Rules Voter Assistance A.2971 Dinowitz No Senate Companion Enacts "The Student Voter's Rights Act" designating SUNY and CUNY as participating agencies for voter registration form distribution and assistance and requires SUNY and CUNY to offer each applicant an application for an absentee ballot and permits independent institutions to do the same upon request. Status: Assembly Calendar 1198 ATM Fees A.7057 Englebright No Senate Companion Prohibits imposing surcharges on automated teller machines located on state university of New York or city university of New York property. Status: Assembly Banks Campus & Personal Safety Dormitory Sprinklers A.263-A Cahill No Senate Companion Requires SUNY and CUNY authorities, the board of trustees, to adopt rules to require the installing and retrofitting of dormitory buildings with sprinkler systems on or before March first, two thousand four. Status: Assembly Ways and Means Hazing Penalties A.8941 Canestrari S.5158 Little Increases severity of hazing in the second degree from a violation to an E felony where injury or death occurs, and of hazing in the first degree from a class A misdemeanor to a D felony where injury or death is caused by deadly weapon or dangerous instrument; creates new class A misdemeanor of hazing in the third degree which mirrors former hazing in the second degree. Status: Assembly Codes; Passed Senate DCJS Accreditation – BOT Proposal #6 (2004) S.5204 LaValle No Assembly Companion Adds SUNY police to the definition of "law enforcement agency" for purposes of accreditation. Status: Senate Finance Health Care & Hospitals Emergency Contraception A.384 Englebright S.185 Hoffmann Enacts the "public university emergency contraception act" requiring SUNY & CUNY to provide emergency contraception to any student requesting it and requiring the widespread provision of information at such colleges and universities on the safety and availability of emergency contraception on campus. Status: Assembly Ways and Means; Senate Health Committee Optometry Externships A.7259 Higgins S.3849 Volker Allows a student enrolled in an out of state accredited college of optometry to serve his or her externship in New York state. Status: Assembly Higher Education; Senate Higher Education Management Flexibility A.11092 Norman S.286-B LaValle Enhances management flexibility for the SUNY hospitals permitting them to be more competitive and enter into healthcare networks and contractual agreements Status: Assembly Higher Education; Senate Higher Education Optometric Clinics – BOT Proposal #14 (2004) A.11178 Gottfried No Senate Companion Authorizes the provision of certain optometric services by the college of optometry of the state university of New York to persons receiving medical assistance Status: Passed Assembly Construction and Property Management Project Labor Agreements A.655 Hoyt S.3091 Maziarz Requires a study be undertaken for all proposed SUNY educational facility construction projects of $500,000.00 or more to determine the necessity of a project labor agreement; directs certain state authorities and certain contractors to enter into project labor agreements if a study finds that a project labor agreement is beneficial; defines relevant terms. Status: Assembly Higher Education; Senate Higher Education IDA Funding A.4183 Englebright No Senate Companion Includes within the definition of "civic facilities", dormitories, hospitals and nursing homes so as to authorize the financing thereof by industrial development agencies; eliminates the expiration and repeal of the provisions of such definition. Status: Assembly Local Governments Renovation Safety A.7144-A Canestrari S.334-A LaValle Provides for the establishment of a plan implementing rules and regulations to ensure the safety and health of personnel and students during renovation and construction projects in facilities of higher education. Status: Assembly Higher Education; Passed Senate Stony Brook Recreation Center – BOT Proposal #8 (2004) A.7317-A Englebright S.2372-A Flanagan Defines "campus recreation center"; relates to the financing, design and construction of a campus recreation center at the state university of New York at Stony Brook. Status: Assembly Higher Education; Senate Finance Dental Capital Improvements A.8810 Gottfried S.4012 Hannon Establishes the academic dental centers capital improvements program whereby the dormitory authority is authorized to finance, in an amount not to exceed $25,000,000, the rehabilitation, improvement and updating of the Eastman Dental Center at the University of Rochester, the College of Dentistry at New York University, the School of Dental Medicine at the State University of New York at Buffalo, the School of Dental Medicine at the State University of New York at Stony Brook and the School of Dental and Oral Surgery at Columbia University. Status: Assembly Corporations; Senate Corporations Prevailing Wages A.10084 John S.7604 Spano Relates to the definition of public work as it relates to requirements for the payment of prevailing wages. Status: Assembly Codes; Senate Rules SUFC Prevailing Wages S.6476 Velella No Assembly Companion Requires the payment of prevailing wages on construction projects involving the state university of New York, the dormitory authority or the state university construction fund and any third party. Status: Passed Senate Dormitory Study A.6068-A DiNapoli S.344-A LaValle Authorizes a study of the relevant issues related to the construction of State University dormitories to be conducted by the Dormitory Authority and SUNY. Status: Assembly Higher Education; Passed Senate DASNY Financing - BOT Proposal #7-04 S.4894 Leibell No Assembly Companion Authorizes the Dormitory Authority to construct and finance student, faculty and staff housing through campus-related foundations, auxiliary services corporations, alumni associations and other not-for-profit corporations and associations. Status: Senate Corporations Purchase Development A.11287 Bradley S.7356-A Oppenheimer Authorizes the state university of New York at Purchase to lease a portion of their lands for the purposes of faculty/staff housing, development of a hotel/conference center and senior citizen retirement housing. Status: Assembly Higher Education; Senate Rules Buffalo Art Storage Facility A.11598-B Hoyt S.7523-C Rath Authorizes land lease agreement between college at Buffalo, Burchfield Penney art center and Albright- Knox art gallery, a not-for-profit corporation, for construction of an art storage facility on the SUNY college at Buffalo campus. Status: Assembly Higher Education; Senate Rules Construction Safety A.8194 John No Senate Companion Directs the education commissioner to promulgate rules and regulations requiring school districts, colleges and universities to develop a plan to provide for the protection of the health and safety of school personnel and students during school construction and renovation projects. Status: Assembly Education Steel Cost Adjustments S.7698 Kuhl No Assembly Companion Amends state construction contracts to provide equitable relief to contractors who have sustained unanticipated expenses by reason of steel price escalations. Status: Passed Senate Stony Brook Cancer Center S. 7795 Flanagan No Assembly Companion Authorizes a $23 million appropriation to the State University Hospital at Stony Brook for a new cancer center. Status: Senate Rules Personnel & Retirement Unemployment Benefits A.5532 Sanders No Senate Companion Makes public school teachers and certain other employees of educational service agencies eligible for unemployment benefits during the months of July and August; applies also to professors of SUNY, CUNY, and other public institutions of higher education. Status: Held in Assembly Ways and Means Prevailing Wages A.8221 John No Senate Companion Provides for the payment of the prevailing wage for employees; provides that if an employee, client, inmate or student of any political subdivision performs any work for a public entity of which such person is employed, such person shall be paid the prevailing wage. Status: Assembly Labor Retirement Options A.8345-A Abbate No Senate Companion Provides that certain members of the NYS&LERS who elect or have elected the optional retirement program will retain active membership in such retirement system. Status: Assembly Governmental Employees ORP Contributions A.8639 Abbate S.5026 Robach Provides for the state or city of New York, as appropriate, to assume the contribution required from employees who are enrolled in the optional retirement program; provisions apply to mandatory contributions for members in the ORP who joined the program on or after 7/27/76 and who have ten or more years of membership in such program. Status: Assembly Governmental Employees; Senate Civil Service ORP Investments A.8713 Tokasz S.1013 Kuhl Allows state university of New York employees to invest in optional retirement programs offered by insurance corporations or other corporations which invest in or manages mutual funds. Status: Assembly Governmental Employees; Passed Senate Unemployment Benefit Notices A.10223 Norman No Senate Companion Requires educational institutions to provide written notice to part- time and per diem employees of their possible ineligibility for unemployment between academic terms and during certain vacation periods Status: Assembly Labor Civil Service Classification S.6703 Robach A.11014 Abbate Provides that the civil service commission shall not consider a request by the chancellor of the state university and by the board of trustees of community colleges which seeks to designate as unclassified any position in the classified service which is the same or substantially similar in scope and duties as the specifications for a position in the classified service Status: Passed Senate; Assembly Governmental Employees Research & Economic Development Copyright Protection A.10010 Galef No Senate Companion Waives the ability of government agencies in New York to claim copyright protection except where the record reflects artistic creation, or scientific or academic research. Status: Assembly Governmental Operations Research Accountability A.10478-A Magnarelli No Senate Companion Creates the research and development fiscal accountability act of 2004 and establishes the New York state innovation board Status: Assembly Calendar 1022 Bioscience Facilities A.10479-A Espaillat No Senate Companion Creates the bioscience facilities development program. Status: Assembly Economic Development Research Stimulation Grants A.10482-A Magnarelli No Senate Companion Creates the manufacturing competitive grants program to stimulate research, applied technology, and manufacturing in New York state. Status: Passed Assembly Autism Center A.11544-A Englebright S.7439-A LaValle Provides for a center of excellence for autism at the Stony Brook University Cody Center for Autism and Developmental Disabilities Status: Assembly Health; Senate Rules