STATE OF NEW YORK
________________________________________________________________________
S. 4863 A. 7841
2009-2010 Regular Sessions
SENATE - ASSEMBLY
April 27, 2009
___________
IN SENATE -- Introduced by Sens. LAVALLE, FLANAGAN, FOLEY, FUSCHILLO,
HANNON, O. JOHNSON, SKELOS -- read twice and ordered printed, and when
printed to be committed to the Committee on Higher Education
IN ASSEMBLY -- Introduced by M. of A. ENGLEBRIGHT, MAISEL, HEASTIE --
read once and referred to the Committee on Higher Education
AN ACT to amend the education law and the public authorities law, in
relation to authorizing increased flexibility for the State University
of New York at Stony Brook (Part A); to amend the education law, in
relation to the use of State University of New York at Stony Brook
property (Part B); to amend the education law, the state finance law
and the tax law, in relation to the ability of the state university
trustees to purchase items and enter into contracts and agreements
(Part C); to amend the education law and the state finance law, in
relation to the distribution of money received from various sources
related to the State University of New York at Stony Brook (Part D);
and to amend the education law, in relation to providing that certain
lease of the State University of New York at Stony Brook need not be
submitted to the attorney general for his or her approval (Part E)
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "Stony
2 Brook University quality higher education and economic development act".
3 § 2. Legislative findings and intent. The legislature finds that
4 Stony Brook University is and continues to be a strong and valued player
5 in the Long Island economy. The state must recognize the benefit of
6 strengthening its partnership with Stony Brook University in terms of
7 creating jobs and keeping individuals gainfully employed. Stony Brook
8 University must also continue to focus on its contributions to the local
9 economy and the role it can play beyond the Long Island region.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10865-03-9
S. 4863 2 A. 7841
1 Stony Brook University ranks among the foremost research academic
2 institutions in the world. The University must continue to ensure a
3 quality education for all of its students, advance its research and
4 clinical missions, and remain competitive with the other 61 Association
5 of American Universities institutions across the nation. Its research
6 and development park, along with Brookhaven National Laboratory, will
7 also serve a critical role in the development of high technologies,
8 bio-technologies, and medical technologies and will continue to stimu-
9 late the economy and provide jobs and be the foundation for further
10 alliances with public and private research entities.
11 Finally, the legislature intends to provide Stony Brook University
12 greater flexibility and resources to ensure the continued delivery of
13 the highest quality education to its students, the future workforce for
14 our communities; University Hospital and Medical Center, the safety net
15 for critical care on Long Island, and the training site for the future
16 medical professionals; the necessary support for its faculty, and the
17 tools to drive our economy back to prosperity.
18 § 3. This act enacts into law major components of legislation which
19 are necessary for the efficient and productive operation of this state.
20 Each component is wholly contained within a Part identified as Parts A
21 through E. The effective date or dates for each particular provision
22 contained within such Part are set forth in the last section of such
23 Part. Any provision in any section contained within a Part, including
24 the effective date of the Part, which makes reference to a section "of
25 this act", when used in connection with that particular component, shall
26 be deemed to mean and refer to the corresponding section of the Part in
27 which it is found.
28 PART A
29 Section 1. Paragraph h of subdivision 2 of section 355 of the educa-
30 tion law is amended by adding a new subparagraph 4-a to read as follows:
31 (4-a) Commencing with the two thousand ten academic year, the presi-
32 dent of the State University of New York at Stony Brook, in consultation
33 with the Stony Brook Council, is authorized to request revenues for
34 students enrolled in degree granting programs at the State University of
35 New York at Stony Brook with the prior approval of the trustees.
36 § 2. Paragraph (b) of subdivision 2 of section 1676 of the public
37 authorities law is amended by adding two new undesignated paragraphs to
38 read as follows:
39 The State University of New York at Stony Brook, in connection with
40 the financing, refinancing, acquisition, design, development,
41 construction, reconstruction, renovation, rehabilitation, improvement,
42 expansion, furnishing and equipping of, or otherwise providing for
43 academic buildings, dormitories, and other facilities on lands held by
44 the state of New York for the benefit of the State University of New
45 York at Stony Brook or lands leased by the state of New York or the
46 State University of New York at Stony Brook for use by students, faculty
47 and staff of the State University of New York at Stony Brook.
48 Any State University of New York at Stony Brook campus-related founda-
49 tion, alumni association or affiliate thereof, any not-for-profit corpo-
50 ration or association organized by the president or the alumni of the
51 State University of New York at Stony Brook to further its purposes, or
52 any limited liability company whose sole member is any one of the fore-
53 going entities, in connection with the financing, refinancing, acquisi-
54 tion, design, development, construction, reconstruction, renovation,
S. 4863 3 A. 7841
1 rehabilitation, improvement, expansion, furnishing and equipping of, or
2 otherwise providing for, academic buildings, dormitories, and other
3 facilities for the use of students, faculty and staff of the State
4 University of New York at Stony Brook.
5 § 3. Subdivision 1 of section 1680 of the public authorities law is
6 amended by adding two new undesignated paragraphs to read as follows:
7 The State University of New York at Stony Brook, in connection with
8 the financing, refinancing, acquisition, design, development,
9 construction, reconstruction, renovation, rehabilitation, improvement,
10 expansion, furnishing and equipping of, or otherwise providing for,
11 academic buildings, dormitories, and other facilities on lands held by
12 the state of New York for the benefit of the State University of New
13 York at Stony Brook or lands leased by the state of New York or the
14 State University of New York at Stony Brook for use by students, faculty
15 and staff of the State University of New York at Stony Brook.
16 Any State University of New York at Stony Brook campus-related founda-
17 tion, alumni association or affiliate thereof, any not-for-profit corpo-
18 ration or association organized by the president of the State University
19 of New York at Stony Brook to further its purposes, or any limited
20 liability company whose sole member is any one of the foregoing enti-
21 ties, in connection with the financing, refinancing, acquisition,
22 design, development, construction, reconstruction, renovation, rehabili-
23 tation, improvement, expansion, furnishing and equipping of, or other-
24 wise providing for, academic buildings, dormitories, and other facili-
25 ties for the use of students, faculty and staff of the State University
26 of New York at Stony Brook.
27 § 4. Any contracts entered into by the dormitory authority pursuant to
28 this act shall be deemed state contracts within the meaning of that term
29 as set forth in article 15-A of the executive law; and the authority
30 shall be deemed, for the purposes of this act, a contracting agency as
31 that term is used in article 15-A of the executive law.
32 § 5. Subdivision 12 of section 373 of the education law, as added by
33 chapter 251 of the laws of 1962, is amended to read as follows:
34 12. To [make] procure and execute contracts, lease agreements, and all
35 other instruments necessary or convenient for the exercise of its corpo-
36 rate powers and the fulfillment of its corporate purposes under this
37 article. Notwithstanding any other law to the contrary, all such fund
38 procurements on behalf of the State University of New York at Stony
39 Brook shall be subject only to procurement guidelines that are annually
40 adopted by the fund trustees, which shall substantially conform to the
41 provisions of title four of article nine of the public authorities law;
42 § 6. Section 373 of the education law is amended by adding a new
43 subdivision 20 to read as follows:
44 20. To design, construct, acquire, reconstruct, rehabilitate and
45 improve academic buildings, dormitories and other facilities for use by
46 students, faculty and staff of the State University of New York at Stony
47 Brook using any project delivery method, including but not limited to,
48 design/bid/build, design/build or construction manager at risk, that
49 will assist the fund in fulfilling its purposes under section three
50 hundred seventy-two of this article.
51 § 7. Subdivisions 9 and 10 of section 376 of the education law are
52 renumbered subdivisions 10 and 11 and a new subdivision 9 is added to
53 read as follows:
54 9. All contracts which are to be awarded pursuant to this subdivision
55 on behalf of the State University of New York at Stony Brook shall be
56 awarded pursuant to procurement guidelines approved annually by the fund
S. 4863 4 A. 7841
1 trustees or by public letting in accordance with the following
2 provisions, notwithstanding any contrary provision of section one
3 hundred twelve, one hundred thirty-five, one hundred thirty-six, one
4 hundred thirty-nine or one hundred forty of the state finance law or any
5 other law, provided, however, that where the estimated expense of any
6 contract which may be awarded pursuant to this subdivision is less than
7 two hundred fifty thousand dollars, a performance bond and a bond for
8 the payment of labor and material may, in the discretion of the fund,
9 not be required, and except that in the discretion of the fund, a
10 contract may be entered into for such purposes without public letting
11 where the estimated expense thereof is less than fifty thousand dollars,
12 or where in the judgment of the fund an emergency condition exists as a
13 result of damage to an existing academic building, dormitory or other
14 facility which has been caused by an act of God, fire or other casualty,
15 or any other unanticipated, sudden and unexpected occurrence, that has
16 resulted in damage to or a malfunction in an existing academic building,
17 dormitory or other facility and involves a pressing necessity for imme-
18 diate repair, reconstruction or maintenance in order to permit the safe
19 continuation of the use or function of such facility, or to protect the
20 facility or the life, health or safety of any person, and the nature of
21 the work is such that in the judgment of the fund it would be impracti-
22 cal and against the public interest to have public letting; provided,
23 however, that the fund, prior to awarding a contract hereunder because
24 of an emergency condition notify the comptroller of its intent to award
25 such a contract:
26 a. The letting agency shall advertise the invitation to bid or the
27 request for proposals in a newspaper published in the county of Suffolk
28 and in such other newspapers as will be most likely in its opinion to
29 give adequate notice to contractors of the work required provided,
30 however, that where the estimated expense of any contract which may be
31 awarded pursuant to this subdivision is less than two hundred fifty
32 thousand dollars, the letting agency may advertise the invitation to bid
33 solely through the procurement opportunities newsletter published pursu-
34 ant to section one hundred forty-two of the economic development law.
35 The invitation to bid or request for proposals shall contain such infor-
36 mation as the letting agency shall deem appropriate.
37 b. The letting agency shall not award any contract after public
38 bidding except to the lowest bidder who in its opinion is qualified to
39 perform the work required and is responsible and reliable. The letting
40 agency may, however, reject any or all bids, again advertise for bids,
41 or waive any informality in a bid if it believes that the public inter-
42 est will be promoted thereby.
43 c. The invitation to bid, request for proposals and the contract
44 awarded shall contain such other terms and conditions, and such
45 provisions for penalties, as the letting agency may deem desirable.
46 d. Any contract awarded pursuant to this subdivision shall contain a
47 clause that the contract shall be deemed executory to the extent of the
48 moneys available and that no liability shall be incurred by the fund
49 beyond the moneys available therefor.
50 e. The letting agency shall require such deposits, bonds and security
51 in connection with the submission of bids or request for proposals, the
52 award of contracts and the performance of work as it shall determine to
53 be in the public interest and for the protection of the state, the state
54 university, the fund and the letting agency.
55 f. Notwithstanding the provisions of any other law to the contrary,
56 all contracts for public work awarded by the state university
S. 4863 5 A. 7841
1 construction fund pursuant to this subdivision shall be in accordance
2 with section one hundred thirty-nine-f of the state finance law.
3 § 8. On January first of each year, the president of the State Univer-
4 sity of New York at Stony Brook shall submit a report to the governor,
5 the temporary president of the senate, and the speaker of the assembly.
6 Specifically, the report shall address each of the following: the State
7 University of New York at Stony Brook's progress in competing with the
8 top academic research institutions; the impact of the State University
9 of New York at Stony Brook's efforts to increase the well-being of Long
10 Island's economy including the University's efforts to develop new and
11 innovative purchasing and contracting modalities including but not
12 limited to project labor agreements; and the impact of revenue increases
13 and efforts to ensure affordable access to the exceptional education to
14 economically challenged students.
15 § 9. This act shall take effect immediately.
16 PART B
17 Section 1. Paragraph a of subdivision 2 of section 355 of the educa-
18 tion law, as amended by chapter 552 of the laws of 1985, is amended to
19 read as follows:
20 a. To take, hold and administer on behalf of the state university or
21 any institution therein, real and personal property or any interest
22 therein and the income thereof either absolutely or in trust for any
23 educational or other purpose within the jurisdiction and corporate
24 purposes of the state university, and, with respect to any property
25 utilized by or comprising any part of the campuses of the State Univer-
26 sity of New York at Stony Brook, to dispose of such property in such
27 manner and upon such terms as its trustees shall determine. The trus-
28 tees shall allow and regulate the use of such property for other than
29 the corporate purposes of the State University of New York at Stony
30 Brook, by permit, lease, license or other agreement, for periods not to
31 exceed ten years, and prescribe the fees, if any, that persons, associ-
32 ations and corporations allowed the use of such property shall pay. The
33 trustees may acquire property for such purposes by purchase, appropri-
34 ation or lease and by the acceptance of gifts, grants, bequests and
35 devises, and, within appropriations made therefor, may equip and furnish
36 buildings and otherwise improve property owned, used or occupied by the
37 state university or any institution therein. The trustees may acquire
38 property for or on behalf of the State University of New York at Stony
39 Brook by the acceptance of conditional gifts, grants, devises or
40 bequests, the provisions of section eleven of the state finance law
41 notwithstanding. Where real property is to be acquired by purchase or
42 appropriation, such acquisition shall be in accordance with the
43 provisions of section three hundred seven of this chapter except that
44 the powers and duties in said section mentioned to be performed by the
45 commissioner [of education] shall be performed by the state university
46 trustees. The provisions of sections three, thirty-a, and thirty-three
47 of the public lands law notwithstanding, the trustees may provide for
48 the sale, lease, transfer or conveyance of state-owned real property
49 under the jurisdiction of the state university comprising any part of
50 the campuses of the State University of New York at Stony Brook in such
51 manner and upon such terms as the trustees shall determine. The forego-
52 ing notwithstanding, the trustees may provide for the lease of such real
53 property for periods not to exceed fifty years in support of the educa-
54 tional and other corporate purposes of the State University of New York
S. 4863 6 A. 7841
1 at Stony Brook, unless the subject project is in conflict with the
2 mission of the State University of New York at Stony Brook, including
3 but not limited to the development and operation of research, incubator,
4 community, health care, retail, food service, telecommunication, student
5 and faculty housing, energy, governmental, senior community, conference
6 center and recreational facilities, and for the purpose of maximizing
7 the use of natural resources; provided, however, the president of the
8 State University of New York at Stony Brook shall provide notice of any
9 such lease to the chairs of the senate finance committee and the assem-
10 bly ways and means committee and to the director of the budget at least
11 thirty days prior to executing such lease. The provisions of section one
12 hundred sixty-seven of the state finance law notwithstanding, the trus-
13 tees may provide for the sale, lease, transfer or conveyance of personal
14 property under the custody and control of the State University of New
15 York at Stony Brook in such manner and upon such terms as the trustees
16 shall determine. The provisions of section twenty-three of the public
17 lands law and section one hundred sixty-seven of the state finance law
18 notwithstanding, the proceeds from the sale, lease, transfer or convey-
19 ance of state-owned real property comprising any part of the campuses of
20 the State University of New York at Stony Brook or of personal property
21 under the custody and control of the State University of New York at
22 Stony Brook shall be retained by the State University of New York at
23 Stony Brook and shall be used by the State University of New York at
24 Stony Brook for expenses of the State University of New York at Stony
25 Brook.
26 § 2. Paragraph s of subdivision 2 of section 355 of the education law,
27 as amended by chapter 552 of the laws of 1985, is amended to read as
28 follows:
29 s. To lease or make available to the state university construction
30 fund, the dormitory authority or other public benefit corporation, the
31 New York state teachers' retirement system [or], the New York state
32 employees' retirement system or, in the case of state-owned real proper-
33 ty comprising any part of the campuses of the State University of New
34 York at Stony Brook, any other public or private for-profit or non-pro-
35 fit entity, including, but not limited to, a local development corpo-
36 ration organized under section fourteen hundred eleven of the not-for-
37 profit corporation law or an industrial development agency organized
38 under article eighteen-A of the general municipal law, a portion of the
39 grounds or real property occupied by a state-operated institution or
40 statutory or contract college for the construction, acquisition, recon-
41 struction, rehabilitation or improvement of academic buildings, dormito-
42 ries or other facilities thereon pursuant to article eight-A of this
43 chapter and for the purpose of facilitating such construction, acquisi-
44 tion, reconstruction, rehabilitation or improvement, to enter into leas-
45 es and agreements for the use of any such academic building, dormitory
46 or other facility in accordance with the provisions of section three
47 hundred seventy-eight of this chapter; provided, however, that nothing
48 herein contained shall affect the provisions of any lease or agreement
49 heretofore executed by the state university with the dormitory authori-
50 ty. The state university trustees may also enter into agreements with
51 the state university construction fund, the dormitory authority or other
52 public benefit corporation, the New York state teachers' retirement
53 system [or], the New York state employees' retirement system and, in the
54 case of state-owned real property comprising any part of the campuses of
55 the State University of New York at Stony Brook, with any other public
56 or private for-profit or non-profit entity, including, but not limited
S. 4863 7 A. 7841
1 to a local development corporation organized under section fourteen
2 hundred eleven of the not-for-profit corporation law or an industrial
3 development agency organized under article eighteen-A of the general
4 municipal law, to furnish heat from a central heating plant to any
5 academic building, dormitory or other facility erected by them or with
6 moneys supplied by them. Any such academic building, dormitory or other
7 facility shall not be subject to taxation for any purpose.
8 § 3. Subdivision 2 of section 355 of the education law is amended by
9 adding a new paragraph y to read as follows:
10 y. In connection with public-private partnerships in support of the
11 corporate purposes of the State University of New York at Stony Brook,
12 including, without limitation, the State University of New York at Stony
13 Brook's initiative, to participate in joint and cooperative arrangements
14 with public, non-profit and business entities as partners, joint ventur-
15 ers, members of non-profit corporations, members of limited liability
16 companies and shareholders of business corporations. The state universi-
17 ty's participation on behalf of the State University of New York at
18 Stony Brook shall be subject to guidelines of the state university with
19 respect to conflicts of interest and to article fourteen of the civil
20 service law and the applicable provisions of agreements between the
21 state and employee organizations pursuant to article fourteen of the
22 civil service law. Notwithstanding any inconsistent provision in section
23 eight of the court of claims act, the state university may include in a
24 contract relating to such participation, other than a contract with
25 state employees relating to terms and conditions of their employment, a
26 provision that some or all disputes arising under or related to such
27 contract shall be resolved by binding arbitration in accordance with the
28 rules of a nationally-recognized arbitration association. Nothing
29 contained in the public officers law or in any other law, rule or regu-
30 lation, shall be construed or applied to prohibit State University of
31 New York at Stony Brook officers and employees from engaging in activ-
32 ities for which no compensation is paid as designees of the State
33 University of New York at Stony Brook in connection with such joint and
34 cooperative arrangements, including serving as designees of the state
35 university as members, shareholders or as directors on boards or other
36 governing bodies of corporations or other entities. Confidential infor-
37 mation gained by State University of New York at Stony Brook officers
38 and employees while serving as designees of the State University of New
39 York at Stony Brook as members, shareholders or as directors on boards
40 or other governing bodies of corporations or other entities in
41 connection with such joint undertakings and arrangements shall not be
42 considered a "record" as defined in subdivision four of section eighty-
43 six of the public officers law.
44 § 4. This act shall take effect immediately.
45 PART C
46 Section 1. Subdivisions 5 and 6 of section 355 of the education law,
47 subdivision 5 as added by chapter 552 of the laws of 1985, paragraph a
48 of subdivision 5 as amended by chapter 682 of the laws of 2007, para-
49 graph c of subdivision 5 as added by chapter 103 of the laws of 1989,
50 paragraph d of subdivision 5 as added by chapter 537 of the laws of 1997
51 and subdivision 6 as amended by chapter 554 of the laws of 1985, are
52 amended to read as follows:
53 5. Notwithstanding the provisions of [paragraph] subdivision two of
54 section one hundred twelve and sections one hundred fifteen, one hundred
S. 4863 8 A. 7841
1 sixty-one[,] and one hundred sixty-three [and one hundred seventy-four]
2 of the state finance law and sections three and six of the New York
3 state printing and public documents law or any other law to the contra-
4 ry, the state university trustees are authorized and empowered to:
5 a. (i) purchase materials, equipment and supplies, including computer
6 equipment and motor vehicles[, where the amount for a single purchase
7 does not exceed twenty thousand dollars], (ii) execute contracts for
8 services, permits, licenses, leases, contracts for the purchase or sale
9 of real property, and construction contracts [to an amount not exceeding
10 twenty thousand dollars], and (iii) contract for printing [to an amount
11 not exceeding five thousand dollars], without prior approval by any
12 other state officer or agency[, but subject to rules and regulations of
13 the state comptroller not otherwise inconsistent with the provisions of
14 this section and] in accordance with [the] guidelines, rules [and] or
15 regulations promulgated by the state university board of trustees [after
16 consultation with the state comptroller. In addition, the trustees,
17 after consultation with the commissioner of general services, are
18 authorized to annually negotiate with the state comptroller increases in
19 the aforementioned dollar limits and the exemption of any articles,
20 categories of articles or commodities from these limits. Rules and].
21 Guidelines, rules, or regulations promulgated by the state university
22 board of trustees shall, to the extent practicable, require that compet-
23 itive proposals be solicited for purchases, and shall include require-
24 ments that purchases and contracts authorized under this section be at
25 the lowest available price, including consideration of prices available
26 through other state agencies, consistent with quality requirements, and
27 as will best promote the public interest. Such purchases may be made
28 directly from any contractor pursuant to any contract for commodities
29 let by the office of general services or any other state agency;
30 b. to establish cash advance accounts for the purpose of purchasing
31 materials, supplies, or services, for cash advances for travel expenses
32 and per diem allowances, or for advance payment of wages and salary. The
33 account may be used to purchase such materials, supplies, or services
34 where the amount of a single purchase does not exceed two hundred fifty
35 dollars, in accordance with such guidelines as shall be prescribed by
36 the state university trustees [after consultation with the state comp-
37 troller].
38 c. establish guidelines in consultation with the commissioner of
39 general services authorizing participation by the state university in
40 programs administered by the office of general services for the purchase
41 of available New York state food products. The commissioner of general
42 services shall provide assistance to the state university necessary to
43 enable the university to participate in these programs.
44 [d. (1) Award contract extensions for campus transportation without
45 competitive bidding where such contracts were secured either through
46 competitive bidding or through evaluation of proposals in response to a
47 request for proposals pursuant to subparagraph (2) of this paragraph,
48 however such extensions may be rejected if the amount to be paid to the
49 contractor in any year of such proposed extension fails to reflect any
50 decrease in the regional consumer price index for the New York, New
51 York-Northeastern, New Jersey area, based upon the index for all urban
52 consumers (CPI-U) during the preceding twelve-month period. At the time
53 of any contract extension, consideration shall be given to any compet-
54 itive proposal offered by a public transportation agency. Such contract
55 may be increased for each year of the contract extension by an amount
56 not to exceed the regional consumer price index increase for the New
S. 4863 9 A. 7841
1 York, New York-Northeastern, New Jersey area, based upon the index for
2 all urban consumers (CPI-U), during the preceding twelve-month period,
3 provided it has been satisfactorily established by the contractor that
4 there has been at least an equivalent increase in the amount of his cost
5 of operation, during the period of the contract.]
6 6. To enter into any contract or agreement deemed necessary or advis-
7 able after consultation with appropriate state agencies for carrying out
8 the objects and purposes of state university without prior review or
9 approval by any state officer or agency [other than the state comp-
10 troller and the attorney general] including energy performance contracts
11 (as defined in section 9-102 of the energy law), contracts or agreements
12 with non-profit corporations organized by officers, employees, alumni or
13 students of state university for the furtherance of its objects and
14 purposes, and, in the case of the State University of New York at Stony
15 Brook, contracts or agreements with any campus-related foundation, alum-
16 ni association or affiliate thereof, any non-profit corporation or asso-
17 ciation organized by the president of the State University of New York
18 at Stony Brook to further its purposes or any limited liability company,
19 whose sole member is any of the foregoing entities for the furtherance
20 of the objects and purposes of the State University of New York at Stony
21 Brook, including, without limitation, the State University of New York
22 at Stony Brook's initiative. Contracts or agreements entered into with
23 the federal government to enable participation in federal student loan
24 programs, including any and all instruments required thereunder, shall
25 not be subject to the requirements of section forty-one of the state
26 finance law; provided, however, that the state shall not be liable for
27 any portion of any defaults which it has agreed to assume pursuant to
28 any such agreement in an amount in excess of money appropriated or
29 otherwise lawfully available therefor at the time the liability for
30 payment arises.
31 § 2. Subdivisions 2 and 3 of section 112 of the state finance law, as
32 amended by chapter 319 of the laws of 1992, paragraph (a) of subdivision
33 2 as amended by section 2 of part D of chapter 56 of the laws of 2006,
34 are amended to read as follows:
35 2. (a) Before any contract made for or by any state agency, depart-
36 ment, board, officer, commission, or institution, except the office of
37 general services and the State University of New York, shall be executed
38 or become effective, whenever such contract exceeds fifty thousand
39 dollars in amount and before any contract made for or by the office of
40 general services shall be executed or become effective, whenever such
41 contract exceeds eighty-five thousand dollars in amount, it shall first
42 be approved by the comptroller and filed in his or her office, provided,
43 however, that the comptroller shall make a final written determination
44 with respect to approval of such contract within ninety days of the
45 submission of such contract to his or her office unless the comptroller
46 shall notify, in writing, the state agency, department, board, officer,
47 commission, or institution, prior to the expiration of the ninety day
48 period, and for good cause, of the need for an extension of not more
49 than fifteen days, or a reasonable period of time agreed to by such
50 state agency, department, board, officer, commission, or institution and
51 provided, further, that such written determination or extension shall be
52 made part of the procurement record pursuant to paragraph f of subdivi-
53 sion one of section one hundred sixty-three of this chapter.
54 (b) Whenever any liability of any nature shall be incurred by or for
55 any state department, board, officer, commission, or institution other
56 than the State University of New York, notice that such liability has
S. 4863 10 A. 7841
1 been incurred shall be immediately given in writing to the state comp-
2 troller.
3 3. A contract or other instrument wherein the state or any of its
4 officers, agencies, boards or commissions other than the State Universi-
5 ty of New York agrees to give a consideration other than the payment of
6 money, when the value or reasonably estimated value of such consider-
7 ation exceeds ten thousand dollars, shall not become a valid enforceable
8 contract unless such contract or other instrument shall first be
9 approved by the comptroller and filed in his office.
10 § 3. Paragraph a of subdivision 1 of section 139-j of the state
11 finance law, as added by chapter 1 of the laws of 2005, is amended to
12 read as follows:
13 a. "Governmental entity" shall mean: (1) any department, board,
14 bureau, commission, division, office, council, committee or officer of
15 the state, whether permanent or temporary, other than the State Univer-
16 sity of New York; (2) each house of the state legislature; (3) the
17 unified court system; (4) any public authority, public benefit corpo-
18 ration or commission created by or existing pursuant to the public
19 authorities law; (5) any public authority or public benefit corporation,
20 at least one of whose members is appointed by the governor or who serves
21 as a member by virtue of holding a civil office of the state; (6) a
22 municipal agency, as that term is defined in paragraph (ii) of subdivi-
23 sion (s) of section one-c of the legislative law; or (7) a subsidiary or
24 affiliate of such a public authority.
25 § 4. Paragraph a of subdivision 1 of section 139-k of the state
26 finance law, as added by chapter 1 of the laws of 2005, is amended to
27 read as follows:
28 a. "Governmental entity" shall mean: (1) any department, board,
29 bureau, commission, division, office, council, committee or officer of
30 the state, whether permanent or temporary, other than the State Univer-
31 sity of New York; (2) each house of the state legislature; (3) the
32 unified court system; (4) any public authority, public benefit corpo-
33 ration or commission created by or existing pursuant to the public
34 authorities law; (5) a public authority or public benefit corporation,
35 at least one of whose members is appointed by the governor or who serves
36 as a member by virtue of holding a civil office of the state; (6) munic-
37 ipal agency, as that term is defined in paragraph (ii) of subdivision
38 (s) of section one-c of the legislative law; or (7) a subsidiary or
39 affiliate of such a public authority.
40 § 5. Subparagraph (iv) of paragraph a of subdivision 3 of section 163
41 of the state finance law, as amended by chapter 430 of the laws of 1997,
42 is amended to read as follows:
43 (iv) The commissioner is authorized to permit any officer, body or
44 agency of the state or of a political subdivision or a district therein,
45 or fire company or volunteer ambulance service as such are defined in
46 section one hundred of the general municipal law, to make purchases of
47 commodities through the office of general services' centralized
48 contracts, pursuant to the provisions of section one hundred four of the
49 general municipal law. The commissioner is authorized to permit any
50 county extension service association as authorized under subdivision
51 eight of section two hundred twenty-four of the county law, or any asso-
52 ciation or other entity as specified in and in accordance with section
53 one hundred nine-a of the general municipal law, or any non-profit
54 corporation organized in furtherance of the objects and purposes of the
55 State University of New York, or any other association or entity as
56 specified in state law, to make purchases of commodities through the
S. 4863 11 A. 7841
1 office of general services' centralized contracts; provided, however,
2 that such entity so empowered shall accept sole responsibility for any
3 payment due with respect to such purchase; and provided further, howev-
4 er, that commodities so purchased by a non-profit corporation organized
5 in furtherance of the objects and purposes of the State University of
6 New York shall not be used directly or indirectly by a for-profit corpo-
7 ration or other for-profit entity which contracts with the non-profit
8 corporation, nor shall such commodities so purchased by such non-profit
9 corporation be offered for resale.
10 § 6. Paragraph e of subdivision 4 of section 163 of the state finance
11 law, as amended by chapter 95 of the laws of 2000, is amended to read as
12 follows:
13 e. [Any officer, body or agency of a political subdivision as defined
14 in section one hundred of the general municipal law or a district there-
15 in, may make purchases of services through the office of general
16 services' centralized contracts for services, subject to the provisions
17 of section one hundred four of the general municipal law. The commis-
18 sioner may permit and prescribe the conditions for the purchase of
19 services through the office of general services' centralized contracts
20 for services by any public authority or public benefit corporation of
21 the state including the port authority of New York and New Jersey. The
22 commissioner is authorized to permit any public library, association
23 library, library system, cooperative library system, the New York
24 Library Association, and the New York State Association of Library
25 Boards or any other library except those which are operated by for
26 profit entities, to make purchases of services through the office of
27 general services' centralized contracts; provided, however, that such
28 entity so empowered shall accept sole responsibility for any payment due
29 with respect to such purchase.] Any officer, body or agency of a poli-
30 tical subdivision as defined in section one hundred of the general
31 municipal law or a district therein and any non-profit corporation
32 organized in furtherance of the objects and purposes of the State
33 University of New York, may make purchases of services through the
34 office of general services' centralized contracts for services, subject,
35 in the case of such political subdivisions, to the provisions of section
36 one hundred four of the general municipal law; provided, however, that
37 in the case of any non-profit corporation organized in furtherance of
38 the objects and purposes of the State University of New York, it shall
39 accept sole responsibility for any payment due with respect to such
40 purchase and provided, further that services so purchased by any such
41 non-profit corporation shall not be used directly or indirectly by a
42 for-profit corporation or other for-profit entity which contracts with
43 the non-profit organization. The commissioner may permit and prescribe
44 the conditions for the purchase of services through the office of gener-
45 al services' centralized contracts for services by any public authority
46 or public benefit corporation of the state including the port authority
47 of New York and New Jersey, or any non-profit corporation organized in
48 furtherance of the objects and purposes of the State University of New
49 York. The commissioner is authorized to permit any public library, asso-
50 ciation library, library system, cooperative library system, the New
51 York Library Association, and the New York State Association of Library
52 Boards or any other library except those which are operated by for-pro-
53 fit entities, to make purchases of services through the office of gener-
54 al services' centralized contracts; provided, however, that such entity
55 so empowered shall accept sole responsibility for any payment due with
56 respect to such purchase.
S. 4863 12 A. 7841
1 § 7. Paragraph g of subdivision 4 of section 163 of the state finance
2 law, as added by chapter 10 of the laws of 2006, is amended to read as
3 follows:
4 g. All state agencies shall require all contractors, including sub-
5 contractors, that provide services for state purposes pursuant to a
6 contract, to submit an annual employment report for each contract for
7 services that includes for each employment category within the contract
8 the number of employees employed to provide services under the contract,
9 the number of hours they work and their total compensation under the
10 contract. Employment reports shall be submitted to the agency that
11 awarded the contract, the department of civil service and the department
12 of audit and control and shall be available for public inspection and
13 copying pursuant to section eighty-seven of the public officers law
14 provided that in disclosing such reports pursuant to the public officers
15 law, the agency making the disclosure shall redact the name or social
16 security number of any individual employee that is included in such
17 document. The provisions of this paragraph shall not apply to contrac-
18 tors, including subcontractors, that provide services to or on behalf of
19 the State University of New York.
20 § 8. Paragraph b of subdivision 10 of section 163 of the state finance
21 law is amended by adding a new subparagraph (iii) to read as follows:
22 (iii) The provisions of subparagraphs (i) and (ii) of this paragraph
23 shall not apply to single or sole source procurements for services or
24 commodities by the State University of New York, which single or sole
25 source procurements shall be made in accordance with such rules and
26 guidelines as may be promulgated by the trustees of the State University
27 of New York.
28 § 9. Paragraph (e) of subdivision 1 of section 5-a of the tax law, as
29 amended by section 1 of part L of chapter 62 of the laws of 2006, is
30 amended to read as follows:
31 (e) "Covered agency" means a "state agency" for purposes of article
32 eleven of the state finance law, the legislature, the judiciary, or a
33 public authority or public benefit corporation at least one of whose
34 members is appointed by the governor; provided, however, that the term
35 "covered agency" shall not include the State University of New York.
36 § 10. This act shall take effect immediately; provided, however, that
37 the amendments to section 139-j of the state finance law made by section
38 three of this act, the amendments to section 139-k of the state finance
39 law made by section four of this act, and the amendments to section 163
40 of the state finance law made by sections five, six, seven and eight of
41 this act shall not affect the repeal of such sections and shall expire
42 and be deemed repealed therewith.
43 PART D
44 Section 1. Subdivision 8 of section 355 of the education law, as
45 amended by chapter 553 of the laws of 1985, is amended to read as
46 follows:
47 8. All moneys received by the state university of New York and by
48 state-operated institutions thereof from appropriations, tuition, fees,
49 user charges, sales of products and services and from all other sources,
50 including sources and activities of the state university which are
51 intended by law to be self-supporting may be credited to an appropriate
52 fund or funds to be designated by the state comptroller. The amounts so
53 paid into such fund or funds which were received by or for the state
54 university shall be used for expenses of the state university in carry-
S. 4863 13 A. 7841
1 ing out any of its objects and purposes and such amounts received by or
2 for state-operated institutions of the state university shall be used
3 for expenses of the state university under regulations prescribed by the
4 state university trustees. Notwithstanding the foregoing, all moneys
5 received by the State University of New York at Stony Brook from
6 tuition, fees, user charges, sales of products and services, savings
7 under energy performance contracts and from sources and activities of
8 the State University of New York at Stony Brook which are intended by
9 law to be self-supporting may be credited to an appropriate fund or
10 funds held by the State University of New York at Stony Brook. The
11 amounts so paid into such fund or funds which were received by or for
12 the State University of New York at Stony Brook shall be used for
13 expenses of the State University of New York at Stony Brook in carrying
14 out any of its objects and purposes, including, the State University of
15 New York at Stony Brook's initiative.
16 § 2. Section 4 of the state finance law is amended by adding a new
17 subdivision 11 to read as follows:
18 11. Notwithstanding subdivision one of this section, moneys held by
19 the State University of New York derived from tuition, fees, user charg-
20 es, sales of products and services, savings under energy performance
21 contracts and sources and activities of the State University of New York
22 at Stony Brook that are intended to be self-supporting shall be paid
23 without an appropriation.
24 § 3. Subdivision 2 of section 121 of the state finance law, as amended
25 by chapter 293 of the laws of 1992, is amended to read as follows:
26 2. There are excepted from payment to the treasury as provided by
27 subdivision one of this section: (i) all moneys to which the provisions
28 of subdivision four of section four of this chapter apply unless such
29 moneys are held in a fund subject to appropriation; (ii) moneys held as
30 part of the principal of an endowment of the state university of New
31 York, units thereof and other state agencies; (iii) moneys received by
32 the State University of New York derived from tuition, fees, user charg-
33 es, sales of products and services, savings under energy performance
34 contracts and from sources and activities of the State University of New
35 York at Stony Brook that are intended to be self-supporting, including,
36 without limitation, any revenue resulting from tuition increases at the
37 State University of New York at Stony Brook described in subparagraph
38 four-a of paragraph h of subdivision two of section three hundred
39 fifty-five of the education law; and [(iii)] (iv) moneys received pursu-
40 ant to a clinical practice plan established pursuant to subdivision
41 fourteen of section two hundred six of the public health law. In those
42 cases where such moneys are held in the custody of the state officer
43 other than the comptroller, the officer shall file with the comptroller,
44 at such times as the comptroller shall determine, a detailed statement,
45 in such form and content as the comptroller shall prescribe, for the
46 period covered by the statement. The comptroller shall from time to
47 time, but not less than once in every three years, examine the books and
48 accounts relating to such moneys heretofore or hereinafter established,
49 including its receipts, disbursements, investments, and any financial
50 matters. An independent audit of such moneys may be authorized by the
51 comptroller in lieu of his own examination, which examination shall be
52 undertaken within twelve months of such authorization.
53 § 4. This act shall take effect immediately.
54 PART E
S. 4863 14 A. 7841
1 Section 1. Paragraph i of subdivision 2 of section 355 of the educa-
2 tion law, as amended by chapter 552 of the laws of 1985, is amended to
3 read as follows:
4 i. To lease to alumni associations of institutions of the state
5 university a portion of the grounds occupied by any institution of the
6 state university, for the erection thereon of dormitories to be used by
7 students in attendance at such institutions. The terms of any lease and
8 the character of the building to be erected shall be determined by the
9 state university trustees. [Such lease, prior to its execution, shall be
10 submitted to the attorney general for his approval as to its form,
11 contents and legal effect.] Nothing contained in this paragraph shall
12 affect the provisions of any lease heretofore executed by a board of
13 visitors of any state-operated institution pursuant to law. The state
14 university trustees may similarly enter into an agreement with an alumni
15 association of an institution of the state university to furnish heat
16 from a central heating plant to any dormitory erected by such alumni
17 association. Any such dormitory shall not be subject to taxation for any
18 purpose.
19 § 2. This act shall take effect immediately.
20 § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
21 sion, section or part of this act shall be adjudged by any court of
22 competent jurisdiction to be invalid, such judgment shall not affect,
23 impair, or invalidate the remainder thereof, but shall be confined in
24 its operation to the clause, sentence, paragraph, subdivision, section
25 or part thereof directly involved in the controversy in which such judg-
26 ment shall have been rendered. It is hereby declared to be the intent of
27 the legislature that this act would have been enacted even if such
28 invalid provisions had not been included herein.
29 § 5. Nothing herein contained shall in any way alter or impair the
30 rights under article 14 of the civil service law of all members of
31 certified bargaining units currently or hereafter employed by the state
32 university of New York at Stony Brook and all certified employee organ-
33 izations and negotiating units of such employees shall continue in
34 accordance with the provisions of article 14 of the civil service law.
35 § 6. This act shall take effect immediately provided, however, that
36 the applicable effective date of Parts A through E of this act shall be
37 as specifically set forth in the last section of such Parts.
