A 11547: Transfers the Buffalo Division of Health Research, Inc. to the Roswell Park Cancer Research Corporation.

  
  STATE OF NEW YORK ________________________________________________________________________ 11547  IN ASSEMBLY 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: 1 Section 1. Legislative findings and intent. In 1898, Dr. Roswell Park 2 founded the first institution in the world to focus exclusively on 3 cancer research. More than one hundred twenty years later, as the entity 4 that was once an arm of the New York state department of health ("DOH") 5 but is now a state public benefit corporation, Roswell Park Cancer 6 Institute ("RPCI") continues to be a model for cancer research centers 7 around the world. In fact, RPCI is one of the country's premier national 8 cancer institute ("NCI") designated cancer centers, and one of only two 9 in the entire state. The state has a paramount interest in ensuring the 10 continuation of RPCI's medical research, and the implementation of best 11 practices to support that research, as well as the protection of the 12 employees who provide those services. 13 The legislature finds that RPCI, in collaboration with organized labor 14 and other interested not-for-profit corporations, has the opportunity to 15 implement a more efficient and effective practice to grant adminis- 16 tration and management. The Health Research, Inc. ("HRI") was first 17 formed in 1953 to exclusively serve the research conducted by RPCI, 18 while RPCI was still an arm of DOH. The legislature finds that although 19 over the years, HRI's scope grew to perform many important services for 20 other state entities, the state will now benefit if all of the employees 21 that currently service RPCI through HRI are transferred to Roswell Park 22 Cancer Research Corporation ("RPCRC"), a private not-for-profit corpo- 23 ration exempt from taxation pursuant to Internal Revenue Code section 24 501(c)(3), formed to provide services and personnel for grant adminis- 25 tration. This employment transfer, however, is conditioned on ensuring 26 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 1 the existing collective bargaining agreement until that agreement's 2 expiration, and that the employment benefits afforded to HRI employees 3 currently servicing RPCI, are continued when they are transferred to 4 RPCRC. The legislature finds and affirms that this act's protections are 5 necessary and appropriate to fully effectuate this purpose. 6 § 2. Paragraph (d) of subdivision 5 of section 53-a of the state 7 finance law, as amended by chapter 985 of the laws of 1973, is amended 8 to read as follows: 9 (d) certain membership corporations closely affiliated with specific 10 state agencies and whose purposes are essentially to support, supplement 11 or extend the functions and programs of such state agencies, specif- 12 ically: Youth Research Inc., The Research Foundation for Mental Hygiene, 13 Inc., Health Research Inc., Roswell Park Cancer Research Corporation, 14 The Research Foundation of the State University of New York, and Welfare 15 Research Inc. 16 § 3. Upon the transfer of operations of the Buffalo Division of Health 17 Research, Inc. ("HRI") to the Roswell Park Cancer Research Corporation 18 ("RPCRC") pursuant to an agreement between HRI and RPCRC, all individ- 19 uals then employed by the Buffalo Division of HRI shall become employees 20 of RPCRC with equivalent offices, positions, and employment therewith. 21 Notwithstanding any other provision of law or agreement to the contrary, 22 the transfer of operations shall not occur until all applicable grants 23 and monies held by HRI are transferred to RPCRC; moreover, all applica- 24 ble employees shall be transferred to RPCRC on the same date, no earlier 25 than the transfer of operations from HRI to RPCRC. 26 Those persons who were employed in the Buffalo Division of HRI who 27 become employees of RPCRC shall retain their bargaining unit desig- 28 nation. RPCRC shall recognize the existing certified or recognized 29 employee organization for those employees as the exclusive collective 30 bargaining representative for such employees. Titles within the collec- 31 tive bargaining unit in existence prior to the transfer of employees to 32 RPCRC shall remain in the unit and will not be altered by the transfer. 33 Any newly created titles following the transfer shall be evaluated and 34 placed in the bargaining unit in accordance with the definition of the 35 negotiating unit as set forth in the collective bargaining agreement. 36 RPCRC and the existing certified or recognized employee organization 37 shall assume the terms of the collective bargaining agreement between 38 HRI and the existing collective bargaining representative in effect as 39 of the date of the transfer of the employees to RPCRC until that agree- 40 ment's expiration date on March 31, 2028. This assumption of terms of 41 the collective bargaining agreement shall apply only to the employment 42 of those persons who were employed in the Buffalo Division of HRI who 43 become employees of RPCRC and to the employment of those persons who are 44 hired by RPCRC prior to the expiration date of the existing collective 45 bargaining agreement. Thereafter, RPCRC and the collective bargaining 46 representative shall negotiate toward subsequent collective bargaining 47 agreements in accordance with applicable law. 48 Upon the transfer, RPCRC shall have the responsibility to pay the 49 salary or compensation of any employee who transfers to RPCRC, and for 50 the liability for any carried-over leave time and retirement benefits 51 for any employee who transfers to RPCRC. RPCRC shall, upon transfer, 52 acknowledge and give credit for all leave balances, including personal 53 leave, holiday accruals, annual leave, sick leave, and sick leave at 54 half pay, held by employees of the Buffalo Division of HRI who become 55 employees of RPCRC on the date of transfer. 
 A. 11547 3 1 No employee of HRI in positions represented by the existing certified 2 or recognized employee organization who is then transferred to RPCRC 3 consistent with this act shall be laid off by RPCRC as a direct conse- 4 quence of the enactment of this section. There shall be a conclusive 5 presumption that any RPCRC layoffs occurring more than twenty-four 6 months after the effective transfer date described in this act shall be 7 deemed not to be such a direct consequence; provided, however, that 8 nothing contained in this act shall be construed to prevent the elimi- 9 nation of any service or position at any time as a result of the elimi- 10 nation of state or federal funding, the elimination or reduction of 11 other grants or revenue streams, the loss of financial viability, the 12 completion of a project or function or a portion thereof, the failure to 13 obtain a grant, the failure to fund a grant, the expiration of a grant 14 or contract, the discontinuance of a grant or contract, the lack of 15 work, or the lack of funds to support specific functions or positions. 16 In the event RPCRC incorporates one or more subsidiaries for one or 17 more of the purposes described in the RPCRC certificate of incorporation 18 filed with the New York state department of state on January 9, 2025, as 19 amended, such subsidiary or subsidiaries shall be deemed a party to the 20 collective bargaining agreement with respect to those applicable employ- 21 ment categories then covered by the agreement then in existence between 22 RPCRC and the collective bargaining agent, and employees of the subsid- 23 iary or subsidiaries shall be placed in the then-existing bargaining 24 unit in accordance with the applicable terms of the collective bargain- 25 ing agreement. 26 Employees of RPCRC shall not be deemed public employees under any law, 27 including, but not limited to, the New York State Civil Service Law, 28 which includes the Public Employees' Fair Employment Act, and RPCRC 29 employees shall not have civil service status. Likewise, RPCRC shall not 30 be deemed a public employer under any law, including but not limited to, 31 the New York State Civil Service Law, which includes the Public Employ- 32 ees' Fair Employment Act. 33 RPCRC shall be governed and controlled by an independent board of 34 directors and shall have exclusive authority over its internal oper- 35 ations and governance. The commissioner of health for the New York state 36 department of health shall serve ex officio as a member of RPCRC's board 37 of directors. No elected official shall have the authority to appoint, 38 confirm, or remove any director from RPCRC's board of directors. 39 § 4. Nothing contained in this act shall be construed to affect the 40 rights of employees pursuant to a collective bargaining agreement. 41 § 5. This act shall take effect upon the completion of all grants 42 having been transferred from Health Research, Inc. to Roswell Park 43 Cancer Research Corporation; provided, however, that Roswell Park Cancer 44 Research Corporation shall notify the legislative bill drafting commis- 45 sion upon the occurrence of the transfer of such grants and the enact- 46 ment of this act in order that the commission may maintain an accurate 47 and timely effective data base of the official text of the laws of the 48 state of New York in furtherance of effectuating the provisions of 49 section 44 of the legislative law and section 70-b of the public offi- 50 cers law.