Relates to the staffing and operations of a cancer research institute and a related not-for-profit corporation, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11547
 
                           I N  A S S E M B L Y
 
                               June 1, 2026
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Peoples-
   Stokes) -- (at request of the Department of Health) -- read  once  and
   referred to the Committee on Governmental Operations
 
 AN  ACT  to amend the state finance law, in relation to the staffing and
   operations of a cancer research institute and a related not-for-profit
   corporation

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Legislative findings and intent. In 1898, Dr. Roswell Park
 founded the first institution in  the  world  to  focus  exclusively  on
 cancer research. More than one hundred twenty years later, as the entity
 that  was once an arm of the New York state department of health ("DOH")
 but is now a state  public  benefit  corporation,  Roswell  Park  Cancer
 Institute  ("RPCI")  continues to be a model for cancer research centers
 around the world. In fact, RPCI is one of the country's premier national
 cancer institute ("NCI") designated cancer centers, and one of only  two
 in  the entire state. The state has a paramount interest in ensuring the
 continuation of RPCI's medical research, and the implementation of  best
 practices  to  support  that  research, as well as the protection of the
 employees who provide those services.
   The legislature finds that RPCI, in collaboration with organized labor
 and other interested not-for-profit corporations, has the opportunity to
 implement a more efficient and  effective  practice  to  grant  adminis-
 tration  and  management.  The  Health  Research, Inc. ("HRI") was first
 formed in 1953 to exclusively serve  the  research  conducted  by  RPCI,
 while  RPCI was still an arm of DOH. The legislature finds that although
 over the years, HRI's scope grew to perform many important services  for
 other state entities, the state will now benefit if all of the employees
 that  currently service RPCI through HRI are transferred to Roswell Park
 Cancer Research Corporation ("RPCRC"), a private  not-for-profit  corpo-
 ration  exempt  from  taxation pursuant to Internal Revenue Code section
 501(c)(3), formed to provide services and personnel for  grant  adminis-
 tration.  This  employment transfer, however, is conditioned on ensuring
 continuation of the terms and conditions of  employment  provided  under
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16044-01-6
 A. 11547                            2
 
 the  existing  collective  bargaining  agreement  until that agreement's
 expiration, and that the employment benefits afforded to  HRI  employees
 currently  servicing  RPCI,  are  continued when they are transferred to
 RPCRC. The legislature finds and affirms that this act's protections are
 necessary and appropriate to fully effectuate this purpose.
   §  2.  Paragraph  (d)  of  subdivision  5 of section 53-a of the state
 finance law, as amended by chapter 985 of the laws of 1973,  is  amended
 to read as follows:
   (d)  certain  membership corporations closely affiliated with specific
 state agencies and whose purposes are essentially to support, supplement
 or extend the functions and programs of  such  state  agencies,  specif-
 ically: Youth Research Inc., The Research Foundation for Mental Hygiene,
 Inc.,  Health  Research  Inc., ROSWELL PARK CANCER RESEARCH CORPORATION,
 The Research Foundation of the State University of New York, and Welfare
 Research Inc.
   § 3. Upon the transfer of operations of the Buffalo Division of Health
 Research, Inc. ("HRI") to the Roswell Park Cancer  Research  Corporation
 ("RPCRC")  pursuant  to an agreement between HRI and RPCRC, all individ-
 uals then employed by the Buffalo Division of HRI shall become employees
 of RPCRC with equivalent offices, positions, and  employment  therewith.
 Notwithstanding any other provision of law or agreement to the contrary,
 the  transfer  of operations shall not occur until all applicable grants
 and monies held by HRI are transferred to RPCRC; moreover, all  applica-
 ble employees shall be transferred to RPCRC on the same date, no earlier
 than the transfer of operations from HRI to RPCRC.
   Those  persons  who  were  employed in the Buffalo Division of HRI who
 become employees of RPCRC shall  retain  their  bargaining  unit  desig-
 nation.    RPCRC  shall  recognize  the existing certified or recognized
 employee organization for those employees as  the  exclusive  collective
 bargaining  representative for such employees. Titles within the collec-
 tive bargaining unit in existence prior to the transfer of employees  to
 RPCRC  shall remain in the unit and will not be altered by the transfer.
 Any newly created titles following the transfer shall be  evaluated  and
 placed  in  the bargaining unit in accordance with the definition of the
 negotiating unit as set forth in the collective bargaining agreement.
   RPCRC and the existing certified or recognized  employee  organization
 shall  assume  the  terms of the collective bargaining agreement between
 HRI and the existing collective bargaining representative in  effect  as
 of  the date of the transfer of the employees to RPCRC until that agree-
 ment's expiration date on March 31, 2028. This assumption  of  terms  of
 the  collective  bargaining agreement shall apply only to the employment
 of those persons who were employed in the Buffalo Division  of  HRI  who
 become employees of RPCRC and to the employment of those persons who are
 hired  by  RPCRC prior to the expiration date of the existing collective
 bargaining agreement. Thereafter, RPCRC and  the  collective  bargaining
 representative  shall  negotiate toward subsequent collective bargaining
 agreements in accordance with applicable law.
   Upon the transfer, RPCRC shall have  the  responsibility  to  pay  the
 salary  or  compensation of any employee who transfers to RPCRC, and for
 the liability for any carried-over leave time  and  retirement  benefits
 for  any  employee  who  transfers to RPCRC. RPCRC shall, upon transfer,
 acknowledge and give credit for all leave balances,  including  personal
 leave,  holiday  accruals,  annual  leave, sick leave, and sick leave at
 half pay, held by employees of the Buffalo Division of  HRI  who  become
 employees of RPCRC on the date of transfer.
 A. 11547                            3
 
   No  employee of HRI in positions represented by the existing certified
 or recognized employee organization who is  then  transferred  to  RPCRC
 consistent  with  this act shall be laid off by RPCRC as a direct conse-
 quence of the enactment of this section. There  shall  be  a  conclusive
 presumption  that  any  RPCRC  layoffs  occurring  more than twenty-four
 months after the effective transfer date described in this act shall  be
 deemed  not  to  be  such  a direct consequence; provided, however, that
 nothing contained in this act shall be construed to prevent  the  elimi-
 nation  of any service or position at any time as a result of the elimi-
 nation of state or federal funding,  the  elimination  or  reduction  of
 other  grants  or  revenue streams, the loss of financial viability, the
 completion of a project or function or a portion thereof, the failure to
 obtain a grant, the failure to fund a grant, the expiration of  a  grant
 or  contract,  the  discontinuance  of  a grant or contract, the lack of
 work, or the lack of funds to support specific functions or positions.
   In the event RPCRC incorporates one or more subsidiaries  for  one  or
 more of the purposes described in the RPCRC certificate of incorporation
 filed with the New York state department of state on January 9, 2025, as
 amended,  such subsidiary or subsidiaries shall be deemed a party to the
 collective bargaining agreement with respect to those applicable employ-
 ment categories then covered by the agreement then in existence  between
 RPCRC  and the collective bargaining agent, and employees of the subsid-
 iary or subsidiaries shall be placed  in  the  then-existing  bargaining
 unit  in accordance with the applicable terms of the collective bargain-
 ing agreement.
   Employees of RPCRC shall not be deemed public employees under any law,
 including, but not limited to, the New York  State  Civil  Service  Law,
 which  includes  the  Public  Employees'  Fair Employment Act, and RPCRC
 employees shall not have civil service status. Likewise, RPCRC shall not
 be deemed a public employer under any law, including but not limited to,
 the New York State Civil Service Law, which includes the Public  Employ-
 ees' Fair Employment Act.
   RPCRC  shall  be  governed  and  controlled by an independent board of
 directors and shall have exclusive authority  over  its  internal  oper-
 ations and governance. The commissioner of health for the New York state
 department of health shall serve ex officio as a member of RPCRC's board
 of  directors.  No elected official shall have the authority to appoint,
 confirm, or remove any director from RPCRC's board of directors.
   § 4. Nothing contained in this act shall be construed  to  affect  the
 rights of employees pursuant to a collective bargaining agreement.
   §  5.  This  act  shall  take effect upon the completion of all grants
 having been transferred from  Health  Research,  Inc.  to  Roswell  Park
 Cancer Research Corporation; provided, however, that Roswell Park Cancer
 Research  Corporation shall notify the legislative bill drafting commis-
 sion upon the occurrence of the transfer of such grants and  the  enact-
 ment  of  this act in order that the commission may maintain an accurate
 and timely effective data base of the official text of the laws  of  the
 state  of  New  York  in  furtherance  of effectuating the provisions of
 section 44 of the legislative law and section 70-b of the  public  offi-
 cers law.