November 25, 2013

Legislative Update - November 25, 2013

Higher Education Staffing Updates

Legislative Changes

Important Days and Events

SUNY Day 2014

Legislative District Matching Project

TAP Study

Chapter Laws and Vetoes


Higher Education Staffing Update

As the 2014 Legislative session approaches, there have been several staffing changes in both the Executive and Legislative branches that impact higher education.

Ian Rosenblum - Deputy Secretary for Education and Economic Opportunity

Franklin Esson – Director of Higher Education Committee, Office of Senator LaValle
Nicole Stewart – Senate Counsel
David Thoman – Senate Finance Committee Analyst

Lindsey Facteau – Assembly Majority Higher Education Analyst
Jeffrey DeGironimo – Assembly Minority Ways & Means Higher Education Analyst


Legislative Changes

As a result of the November elections, there are several members of the legislature who will assume new elected offices:

As of   January 1, 2014:
Assemblywoman Vanessa Gibson (D-77th AD) NYC Council - 16th District      
Assemblyman Rafael Espinal (D-54th AD) NYC Council - 37th District
Assemblyman Alan Maisel (D-59th AD) NYC Council - 46th District
Assemblywoman Inez Barron (D-60th AD) NYC Council - 42nd District
Assemblyman Tony Jordon (R-113th AD) Washington County District Attorney
Assemblywoman Annie Rabbitt (R-98th AD) Greece Town Supervisor
Senator Eric Adams (D-20th SD) Brooklyn Borough President

In addition, three new Assemblymembers-elect will be taking office on January 1, 2014, as a result of vacancies:
2nd AD Anthony H Palumbo (R) - former Losquadro (R) seat
53rd  AD Maritza Davila (D) - former Lopez (D) seat
86th AD Victor Pichardo (D) - former Castro (D) seat               

These changes should result in the Governor calling for special elections, most likely in March 2014.


Important Dates & Events

Assembly Higher Education Hearing on Rational Tuition – Thursday, December 12th
Governor’s State of the State – Wednesday, January 8th
Chancellor’s State of the University – Tuesday, January 14th
Executive Budget Presentation – Tuesday, January 21st
SUNY Day – Monday, February 10th
Faculty Senate Innovative Exploration Forum Poster Display – Wednesday, April 1st


SUNY Day 2014

Monday, February 10, 2014, will usher in a new approach to SUNY Day. While campuses can travel to Albany for traditional advocacy, there will be no formal SUNY Day program this year.  Instead we will be asking every campus that can to bring its campus mascot to Albany to “roam the halls of the capital” and bring attention to SUNY and reinforce its importance to the students who attend the University. The mascots will provide for numerous photo opportunities with Legislators, as well as generate a different level of excitement on behalf of the University. Additional details will follow.


Legislative District Matching Project

Our updated legislative district matching project of students, employees and alumni is well underway. Several campuses still have yet to provide employee and/or alumni data for inclusion. We hope to have this project completed by early February 2014.


TAP Study

At its November meeting, the Board of Trustees gave final approval to SUNY’s study of the Tuition Assistance Program as required by Chapter 260 of the Laws of 2011.
TAP Study
BOT Resolution


2013 Chapter Laws and Vetoes

Chapter Laws of 2013

Chapter 5 – Hospital Observations
A.1988 Gottfried
S.2079 Hannon
Permits hospital flexibility in providing observation services, consistent with federal standards, while maintaining appropriate Department of Health oversight.

Chapter 8 – Cornell Peace Officers
A.914 Lifton
S.2859 O’Mara
Permits Cornell University’s Ithaca campus to hire campus peace officers who live outside of Tompkins County.

Chapter 18 – Occupational Therapy Continuing Education
A.1049 Glick
S.2897 LaValle
Amends Chapter 444 of the Laws of 2012 relating to requiring all licensed occupational therapists and occupational therapy assistants to complete 36 hours of continuing competency every 3 years.

Chapter 16 – Cyber Security
A.2295 Brindisi
S. 2154 Griffo
Authorizes the Mohawk Valley Regional Economic Development Council to coordinate cyber security activities at the Griffiss Business and Technology Park.

Chapter 50 – State Operations Budget
A.3000-E Budget
S.2600-E Budget
Enacts the state operations budget which includes state support for SUNY’s state-operated campuses.

Chapter 53 – Aid to Localities Budget
A.3003-E Budget
S.2603-E Budget
Enacts the aid to localities budget which includes state support for community colleges.

Chapter 54 – Capital Projects Budget
A.3004-E Budget
S.2604-E Budget
Enacts the capital projects budget which includes the SUNY Construction Fund.

Chapter 56 – Health Budget Article VII
A.3006-D Budget
S.2606-D Budget
Enacts major components of legislation which are necessary to implement the health and mental hygiene budget including the development of a sustainability plan for SUNY Downstate.

Chapter 57 – Education Budget Article VII
A.3007-D Budget
S.2607-D Budget
Enacts major components of legislation which are necessary to implement the education, labor and family assistance budget including SUNY 2020, the Graduation, Achievement & Placement program (GAP) for community colleges and the Job Linkage Incentive Funding program also for community colleges.

Chapter 68 – START-UP NY
A.8813 Silver
S.5903 Libous
Enacts the SUNY Tax-free Areas to Revitalize and Transform UPstate NY (START-UP NY) program which will promote entrepreneurialism and job creation by transforming public higher education through tax-free communities across the state with SUNY campuses serving as the framework of the START-UP NY program to attract high-tech and other start-ups, venture capital, new business and investments from across the world.

Chapter 127 – Firework Displays
A.7408 Englebright
S.4280 Ball
Designates the Office of Fire Prevention and Control (OFPC) as the permitting authority for the display of fireworks and use of pyrotechnics on all state property.

Chapter 154 - Immunization Information
S.4528-A Hannon
A.7734-A Paulin
Expands access to information maintained in the New York Statewide Immunization Information System and permits adults to give oral consent rather than written consent for their immunizations to be recorded in the system.

Chapter 168 - Sprinkler Notification
A.5715-A DenDekker
S.4180-B Robach
Requires colleges to provide written notification to students whether college-owned housing is equipped with sprinkler systems.

Chapter 177 - Central Service Technicians
A.878-A Bronson
S.697-A Grisanti
Requires those individuals who prepare, distribute and control the sterile and non-sterile items and equipment used in all clinical areas of a hospital and employed in a hospital as central service technicians, to be certified and undergo continuing education.

Chapter 179 - Smoking Prohibition
A.1115-A Jaffee
S.1987-A Martins
Prohibits smoking on the grounds of general hospitals and residential health care facilities.

Chapter 194 - Instructional Materials
A.4989 Cusick
S.4585 Lanza
Reauthorizes the current law that requires publishers or manufacturers of printed instructional materials for college students to provide electronic formats of printed instructional material to be available for purchase for students with disabilities.

Chapter 239 - Dental Hygienist Scope of Practice
A.7866 Glick
S.5757 Hannon
Would allow a dental hygienist working for a hospital, community health centers, hospital based dental clinics, local health department dental clinics, school-based dental health centers, and nursing homes, pursuant to a collaborative agreement with a licensed and registered dentist who has a formal relationship with the same hospital, to provide certain dental services that are currently provided under general supervision.

Chapter 274 - Meningococcal Immunization
S.4881-A Hoylman
A.7324-A O'Donnell
Authorizes a licensed pharmacist and certified nurse practitioner to administer meningococcal disease immunizing agents.

Chapter 292 - Surgical Technologists
S.5185-A Savino
A.7419-A Cahill
Sets forth requirements for surgical technologists who have a vital role in creating and maintaining a sterile surgical room, ensuring that surgical equipment is functioning properly and safely, and assisting surgeons during surgical procedures.

Chapter 336 - Clinical Lab Technicians
S.4097-A DeFrancisco
A.6124-A Magnarelli
Extends the current limited licensing provision for clinical laboratory technicians for three years, until 2016.

Chapter 340 - UUP Pay Bill
S.5799 Savino
A.8030 Abbate
Implements the terms of the collective bargaining agreement covering members of the professional services unit represented by United University Professionals (UUP).

Chapter 362 - Research Libraries
S.2856-B Farley
A.4664-B Kellner
Relates to state aid to the conservation and preservation of library materials program and prohibits decreasing state aid for such program beginning in fiscal year 2014.

Chapter 364 - Clinical Nurse Specialist
S.3145 Krueger
A.826 Lifton
Establishes certification for clinical nurse specialists and to protect the title "clinical nurse specialist" and the designation "CNS" to ensure that only those properly educated and prepared to be clinical nurse specialists hold themselves out as such.

Chapter 401 - Alfred Land Lease
S.4625-A Young
A.7048-A Giglio
Relates to expanding the lands at the college of technology at Alfred which the trustees of the state university are authorized to lease to Alfred Technology Resources, Incorporated.

Chapter 409 - Prefusionits Licensure
S.5353-A DeFrancisco
A.526-B Magnarelli
Relates to the licensure of perfusionists who are specialized healthcare professionals who operated the heart-lung machine during cardiac surgery and other surgeries that require cardiopulmonary bypass to manage the patient's physiological status.

Chapter 443 - Social Work Continuing Education
A.6703-A Pretlow
S.4637-A LaValle
Requires practicing licensed master social workers and licensed clinical social workers to complete continuing education.

Chapter 444 - Optometrist Lab Tests
A.6724-B Gottfried
S.5539 Hannon
Authorizes optometrists to perform certain clinical laboratory tests that do not use an invasive modality without a clinical laboratory permit, provided such tests are solely as an adjunct to the treatment of their patients.

Chapter 449 - School Based Vision Care
A.7342-A Gottfried
S.5117-A Savino
Enacts provisions to provide for vision care by managed care providers through school based health centers.

Chapter 453 - NY Network ORP
A.7586 Abbate
S.5767 Golden
Permits former employees of the state university of New York NY Network to retain membership in the optional retirement program.

Chapter 456 - Department of Labor Data
A.7911-B Rozic
S.5773-A Savino
Would permit SUNY and CUNY along with other specific government agencies to request certain data from the Department of Labor for the purpose of evaluating workforce development programs.

Chapter 485 - Mental Health Practitioner Permits
A.7138 Glick
S.4964 LaValle
Standardizes the two year timeframe for limited permits issued to all mental health practitioners and allows such limited permits, at the discretion of SED, to be renewed for a maximum of two additional one year periods.

Chapter 486 - Mental Health Counselor Continuing Education
A.7225 DenDekker
S.5086 LaValle
Provides for mandatory continuing education for mental health counselors, marriage and family therapists, psychoanalysts and creative arts therapists.


Vetoes of 2013

Veto 205 - Property Inventory
A.5172-B Englebright
S.5314-A Marcellino
Requires the commissioner of general services to maintain an inventory and audit of every state-owned real property or unappropriated state land that has been sold, transferred, conveyed or exchanged and contain a reverter clause pursuant to the public lands law or the unconsolidated laws.

Veto 211 - MC Employee Compensation
A.246 Farrell
S.2953 DeFrancisco
Would provide for a special commission on managerial or confidential employees of New York State to examine, evaluate and make recommendations with respect to compensation and adjustments and non-salary benefits of certain state employees.

Veto 220 - Strategic Plans
S.2054 Latimer
A.6056 Kavanagh
Requires state agencies to furnish to the governor, chair of the senate finance committee and the chair of the assembly ways and means committee any strategic plans or performance reports prepared during the prior fiscal year.

Veto 223 - Forms of Payment
S.3976 Lanza
A.3651 DenDekker
Requires all state agencies and departments to accept credit cards, debit cards, prepaid cards, money orders, and personal and business checks as a method of payment for any fee or other charge collected by such state agency or department.

Veto 235 - Prompt Payment
S.5189 DeFrancisco
A.7471 Englebright
Establishes that not-for-profit organizations shall be entitled to all prompt contracting interest due from a state agency at the time of the first payment made to any such organization.


Pending Final Action by the Governor

Veteran’s Employment
S.5504-A Ball
A.7761 Benedetto
Enacts the "veterans employment act" to grant veterans the right to temporary appointments by state agencies, rather than using temporary employment service companies.

Angel Investor Credit
A.2355 Scarborough
S.5238 Golden
Provides an angel investor credit against the unincorporated business tax and personal income tax in New York City for investments in certain qualified emerging companies and medical technology companies.

Behavior Analysts Licensure
A.6963-B Morelle
S.4862-B Fuschillo
Provides for the licensure of behavior analysts and the certification of behavior analyst assistants.

Hospital Maintenance of Effort (MOE)
S.5283-A LaValle
A.7403-A Glick
Clarifies that the SUNY health science centers are part of the State's maintenance of effort provisions pursuant to the NY SUNY 2020 legislation enacted in 2011.

Food Procurement
A.5102 Peoples-Stokes
S.4061 Ritchie
Requires OGS to establish guidelines that will assist state agencies with the procurement of New York food products making it clear to procurement officials, vendors seeking to sell food to the State, farmers and business owners that New York intends to purchase locally.


Government Relations