STATE OF NEW YORK
________________________________________________________________________
5537
2011-2012 Regular Sessions
IN ASSEMBLY
February 23, 2011
___________
Introduced by M. of A. ENGLEBRIGHT, MAISEL, HEASTIE, CASTRO, HOOPER --
Multi-Sponsored by -- M. of A. CONTE, SCHIMEL -- 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.
10 Stony Brook University ranks among the foremost research academic
11 institutions in the world. The University must continue to ensure a
12 quality education for all of its students, advance its research and
13 clinical missions, and remain competitive with the other 61 Association
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06738-01-1
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1 of American Universities institutions across the nation. Its research
2 and development park, along with Brookhaven National Laboratory, will
3 also serve a critical role in the development of high technologies,
4 bio-technologies, and medical technologies and will continue to stimu-
5 late the economy and provide jobs and be the foundation for further
6 alliances with public and private research entities.
7 Finally, the legislature intends to provide Stony Brook University
8 greater flexibility and resources to ensure the continued delivery of
9 the highest quality education to its students, the future workforce for
10 our communities; University Hospital and Medical Center, the safety net
11 for critical care on Long Island, and the training site for the future
12 medical professionals; the necessary support for its faculty, and the
13 tools to drive our economy back to prosperity.
14 § 3. This act enacts into law major components of legislation which
15 are necessary for the efficient and productive operation of this state.
16 Each component is wholly contained within a Part identified as Parts A
17 through E. The effective date or dates for each particular provision
18 contained within such Part are set forth in the last section of such
19 Part. Any provision in any section contained within a Part, including
20 the effective date of the Part, which makes reference to a section "of
21 this act", when used in connection with that particular component, shall
22 be deemed to mean and refer to the corresponding section of the Part in
23 which it is found.
24 PART A
25 Section 1. Paragraph h of subdivision 2 of section 355 of the educa-
26 tion law is amended by adding a new subparagraph 4-a to read as follows:
27 (4-a) Commencing with the two thousand twelve academic year, the pres-
28 ident of the State University of New York at Stony Brook, in consulta-
29 tion with the Stony Brook Council, is authorized to request revenues for
30 students enrolled in degree granting programs at the State University of
31 New York at Stony Brook with the prior approval of the trustees.
32 § 2. Paragraph (b) of subdivision 2 of section 1676 of the public
33 authorities law is amended by adding two new undesignated paragraphs to
34 read as follows:
35 The State University of New York at Stony Brook, in connection with
36 the financing, refinancing, acquisition, design, development,
37 construction, reconstruction, renovation, rehabilitation, improvement,
38 expansion, furnishing and equipping of, or otherwise providing for
39 academic buildings, dormitories, and other facilities on lands held by
40 the state of New York for the benefit of the State University of New
41 York at Stony Brook or lands leased by the state of New York or the
42 State University of New York at Stony Brook for use by students, faculty
43 and staff of the State University of New York at Stony Brook.
44 Any State University of New York at Stony Brook campus-related founda-
45 tion, alumni association or affiliate thereof, any not-for-profit corpo-
46 ration or association organized by the president or the alumni of the
47 State University of New York at Stony Brook to further its purposes, or
48 any limited liability company whose sole member is any one of the fore-
49 going entities, in connection with the financing, refinancing, acquisi-
50 tion, design, development, construction, reconstruction, renovation,
51 rehabilitation, improvement, expansion, furnishing and equipping of, or
52 otherwise providing for, academic buildings, dormitories, and other
53 facilities for the use of students, faculty and staff of the State
54 University of New York at Stony Brook.
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1 § 3. Subdivision 1 of section 1680 of the public authorities law is
2 amended by adding two new undesignated paragraphs to read as follows:
3 The State University of New York at Stony Brook, in connection with
4 the financing, refinancing, acquisition, design, development,
5 construction, reconstruction, renovation, rehabilitation, improvement,
6 expansion, furnishing and equipping of, or otherwise providing for,
7 academic buildings, dormitories, and other facilities on lands held by
8 the state of New York for the benefit of the State University of New
9 York at Stony Brook or lands leased by the state of New York or the
10 State University of New York at Stony Brook for use by students, faculty
11 and staff of the State University of New York at Stony Brook.
12 Any State University of New York at Stony Brook campus-related founda-
13 tion, alumni association or affiliate thereof, any not-for-profit corpo-
14 ration or association organized by the president of the State University
15 of New York at Stony Brook to further its purposes, or any limited
16 liability company whose sole member is any one of the foregoing enti-
17 ties, in connection with the financing, refinancing, acquisition,
18 design, development, construction, reconstruction, renovation, rehabili-
19 tation, improvement, expansion, furnishing and equipping of, or other-
20 wise providing for, academic buildings, dormitories, and other facili-
21 ties for the use of students, faculty and staff of the State University
22 of New York at Stony Brook.
23 § 4. Any contracts entered into by the dormitory authority pursuant to
24 this act shall be deemed state contracts within the meaning of that term
25 as set forth in article 15-A of the executive law; and the authority
26 shall be deemed, for the purposes of this act, a contracting agency as
27 that term is used in article 15-A of the executive law.
28 § 5. Subdivision 12 of section 373 of the education law, as added by
29 chapter 251 of the laws of 1962, is amended to read as follows:
30 12. To [make] procure and execute contracts, lease agreements, and all
31 other instruments necessary or convenient for the exercise of its corpo-
32 rate powers and the fulfillment of its corporate purposes under this
33 article. Notwithstanding any other law to the contrary, all such fund
34 procurements on behalf of the State University of New York at Stony
35 Brook shall be subject only to procurement guidelines that are annually
36 adopted by the fund trustees, which shall substantially conform to the
37 provisions of title four of article nine of the public authorities law;
38 § 6. Section 373 of the education law is amended by adding a new
39 subdivision 20 to read as follows:
40 20. To design, construct, acquire, reconstruct, rehabilitate and
41 improve academic buildings, dormitories and other facilities for use by
42 students, faculty and staff of the State University of New York at Stony
43 Brook using any project delivery method, including but not limited to,
44 design/bid/build, design/build or construction manager at risk, that
45 will assist the fund in fulfilling its purposes under section three
46 hundred seventy-two of this article.
47 § 7. Subdivisions 9 and 10 of section 376 of the education law are
48 renumbered subdivisions 10 and 11 and a new subdivision 9 is added to
49 read as follows:
50 9. All contracts which are to be awarded pursuant to this subdivision
51 on behalf of the State University of New York at Stony Brook shall be
52 awarded pursuant to procurement guidelines approved annually by the fund
53 trustees or by public letting in accordance with the following
54 provisions, notwithstanding any contrary provision of section one
55 hundred twelve, one hundred thirty-five, one hundred thirty-six, one
56 hundred thirty-nine or one hundred forty of the state finance law or any
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1 other law, provided, however, that where the estimated expense of any
2 contract which may be awarded pursuant to this subdivision is less than
3 two hundred fifty thousand dollars, a performance bond and a bond for
4 the payment of labor and material may, in the discretion of the fund,
5 not be required, and except that in the discretion of the fund, a
6 contract may be entered into for such purposes without public letting
7 where the estimated expense thereof is less than fifty thousand dollars,
8 or where in the judgment of the fund an emergency condition exists as a
9 result of damage to an existing academic building, dormitory or other
10 facility which has been caused by an act of God, fire or other casualty,
11 or any other unanticipated, sudden and unexpected occurrence, that has
12 resulted in damage to or a malfunction in an existing academic building,
13 dormitory or other facility and involves a pressing necessity for imme-
14 diate repair, reconstruction or maintenance in order to permit the safe
15 continuation of the use or function of such facility, or to protect the
16 facility or the life, health or safety of any person, and the nature of
17 the work is such that in the judgment of the fund it would be impracti-
18 cal and against the public interest to have public letting; provided,
19 however, that the fund, prior to awarding a contract hereunder because
20 of an emergency condition notify the comptroller of its intent to award
21 such a contract:
22 a. The letting agency shall advertise the invitation to bid or the
23 request for proposals in a newspaper published in the county of Suffolk
24 and in such other newspapers as will be most likely in its opinion to
25 give adequate notice to contractors of the work required provided,
26 however, that where the estimated expense of any contract which may be
27 awarded pursuant to this subdivision is less than two hundred fifty
28 thousand dollars, the letting agency may advertise the invitation to bid
29 solely through the procurement opportunities newsletter published pursu-
30 ant to section one hundred forty-two of the economic development law.
31 The invitation to bid or request for proposals shall contain such infor-
32 mation as the letting agency shall deem appropriate.
33 b. The letting agency shall not award any contract after public
34 bidding except to the lowest bidder who in its opinion is qualified to
35 perform the work required and is responsible and reliable. The letting
36 agency may, however, reject any or all bids, again advertise for bids,
37 or waive any informality in a bid if it believes that the public inter-
38 est will be promoted thereby.
39 c. The invitation to bid, request for proposals and the contract
40 awarded shall contain such other terms and conditions, and such
41 provisions for penalties, as the letting agency may deem desirable.
42 d. Any contract awarded pursuant to this subdivision shall contain a
43 clause that the contract shall be deemed executory to the extent of the
44 moneys available and that no liability shall be incurred by the fund
45 beyond the moneys available therefor.
46 e. The letting agency shall require such deposits, bonds and security
47 in connection with the submission of bids or request for proposals, the
48 award of contracts and the performance of work as it shall determine to
49 be in the public interest and for the protection of the state, the state
50 university, the fund and the letting agency.
51 f. Notwithstanding the provisions of any other law to the contrary,
52 all contracts for public work awarded by the state university
53 construction fund pursuant to this subdivision shall be in accordance
54 with section one hundred thirty-nine-f of the state finance law.
55 § 8. On January first of each year, the president of the State Univer-
56 sity of New York at Stony Brook shall submit a report to the governor,
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1 the temporary president of the senate, and the speaker of the assembly.
2 Specifically, the report shall address each of the following: the State
3 University of New York at Stony Brook's progress in competing with the
4 top academic research institutions; the impact of the State University
5 of New York at Stony Brook's efforts to increase the well-being of Long
6 Island's economy including the University's efforts to develop new and
7 innovative purchasing and contracting modalities including but not
8 limited to project labor agreements; and the impact of revenue increases
9 and efforts to ensure affordable access to the exceptional education to
10 economically challenged students.
11 § 9. This act shall take effect immediately.
12 PART B
13 Section 1. Paragraph a of subdivision 2 of section 355 of the educa-
14 tion law, as amended by chapter 552 of the laws of 1985, is amended to
15 read as follows:
16 a. To take, hold and administer on behalf of the state university or
17 any institution therein, real and personal property or any interest
18 therein and the income thereof either absolutely or in trust for any
19 educational or other purpose within the jurisdiction and corporate
20 purposes of the state university, and, with respect to any property
21 utilized by or comprising any part of the campuses of the State Univer-
22 sity of New York at Stony Brook, to dispose of such property in such
23 manner and upon such terms as its trustees shall determine. The trus-
24 tees shall allow and regulate the use of such property for other than
25 the corporate purposes of the State University of New York at Stony
26 Brook, by permit, lease, license or other agreement, for periods not to
27 exceed ten years, and prescribe the fees, if any, that persons, associ-
28 ations and corporations allowed the use of such property shall pay. The
29 trustees may acquire property for such purposes by purchase, appropri-
30 ation or lease and by the acceptance of gifts, grants, bequests and
31 devises, and, within appropriations made therefor, may equip and furnish
32 buildings and otherwise improve property owned, used or occupied by the
33 state university or any institution therein. The trustees may acquire
34 property for or on behalf of the State University of New York at Stony
35 Brook by the acceptance of conditional gifts, grants, devises or
36 bequests, the provisions of section eleven of the state finance law
37 notwithstanding. Where real property is to be acquired by purchase or
38 appropriation, such acquisition shall be in accordance with the
39 provisions of section three hundred seven of this chapter except that
40 the powers and duties in said section mentioned to be performed by the
41 commissioner [of education] shall be performed by the state university
42 trustees. The provisions of sections three, thirty-a, and thirty-three
43 of the public lands law notwithstanding, the trustees may provide for
44 the sale, lease, transfer or conveyance of state-owned real property
45 under the jurisdiction of the state university comprising any part of
46 the campuses of the State University of New York at Stony Brook in such
47 manner and upon such terms as the trustees shall determine. The forego-
48 ing notwithstanding, the trustees may provide for the lease of such real
49 property for periods not to exceed fifty years in support of the educa-
50 tional and other corporate purposes of the State University of New York
51 at Stony Brook, unless the subject project is in conflict with the
52 mission of the State University of New York at Stony Brook, including
53 but not limited to the development and operation of research, incubator,
54 community, health care, retail, food service, telecommunication, student
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1 and faculty housing, energy, governmental, senior community, conference
2 center and recreational facilities, and for the purpose of maximizing
3 the use of natural resources; provided, however, the president of the
4 State University of New York at Stony Brook shall provide notice of any
5 such lease to the chairs of the senate finance committee and the assem-
6 bly ways and means committee and to the director of the budget at least
7 thirty days prior to executing such lease. The provisions of section one
8 hundred sixty-seven of the state finance law notwithstanding, the trus-
9 tees may provide for the sale, lease, transfer or conveyance of personal
10 property under the custody and control of the State University of New
11 York at Stony Brook in such manner and upon such terms as the trustees
12 shall determine. The provisions of section twenty-three of the public
13 lands law and section one hundred sixty-seven of the state finance law
14 notwithstanding, the proceeds from the sale, lease, transfer or convey-
15 ance of state-owned real property comprising any part of the campuses of
16 the State University of New York at Stony Brook or of personal property
17 under the custody and control of the State University of New York at
18 Stony Brook shall be retained by the State University of New York at
19 Stony Brook and shall be used by the State University of New York at
20 Stony Brook for expenses of the State University of New York at Stony
21 Brook.
22 § 2. Paragraph s of subdivision 2 of section 355 of the education law,
23 as amended by chapter 552 of the laws of 1985, is amended to read as
24 follows:
25 s. To lease or make available to the state university construction
26 fund, the dormitory authority or other public benefit corporation, the
27 New York state teachers' retirement system [or], the New York state
28 employees' retirement system or, in the case of state-owned real proper-
29 ty comprising any part of the campuses of the State University of New
30 York at Stony Brook, any other public or private for-profit or non-pro-
31 fit entity, including, but not limited to, a local development corpo-
32 ration organized under section fourteen hundred eleven of the not-for-
33 profit corporation law or an industrial development agency organized
34 under article eighteen-A of the general municipal law, a portion of the
35 grounds or real property occupied by a state-operated institution or
36 statutory or contract college for the construction, acquisition, recon-
37 struction, rehabilitation or improvement of academic buildings, dormito-
38 ries or other facilities thereon pursuant to article eight-A of this
39 chapter and for the purpose of facilitating such construction, acquisi-
40 tion, reconstruction, rehabilitation or improvement, to enter into leas-
41 es and agreements for the use of any such academic building, dormitory
42 or other facility in accordance with the provisions of section three
43 hundred seventy-eight of this chapter; provided, however, that nothing
44 herein contained shall affect the provisions of any lease or agreement
45 heretofore executed by the state university with the dormitory authori-
46 ty. The state university trustees may also enter into agreements with
47 the state university construction fund, the dormitory authority or other
48 public benefit corporation, the New York state teachers' retirement
49 system [or], the New York state employees' retirement system and, in the
50 case of state-owned real property comprising any part of the campuses of
51 the State University of New York at Stony Brook, with any other public
52 or private for-profit or non-profit entity, including, but not limited
53 to a local development corporation organized under section fourteen
54 hundred eleven of the not-for-profit corporation law or an industrial
55 development agency organized under article eighteen-A of the general
56 municipal law, to furnish heat from a central heating plant to any
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1 academic building, dormitory or other facility erected by them or with
2 moneys supplied by them. Any such academic building, dormitory or other
3 facility shall not be subject to taxation for any purpose.
4 § 3. Subdivision 2 of section 355 of the education law is amended by
5 adding a new paragraph y to read as follows:
6 y. In connection with public-private partnerships in support of the
7 corporate purposes of the State University of New York at Stony Brook,
8 including, without limitation, the State University of New York at Stony
9 Brook's initiative, to participate in joint and cooperative arrangements
10 with public, non-profit and business entities as partners, joint ventur-
11 ers, members of non-profit corporations, members of limited liability
12 companies and shareholders of business corporations. The state universi-
13 ty's participation on behalf of the State University of New York at
14 Stony Brook shall be subject to guidelines of the state university with
15 respect to conflicts of interest and to article fourteen of the civil
16 service law and the applicable provisions of agreements between the
17 state and employee organizations pursuant to article fourteen of the
18 civil service law. Notwithstanding any inconsistent provision in section
19 eight of the court of claims act, the state university may include in a
20 contract relating to such participation, other than a contract with
21 state employees relating to terms and conditions of their employment, a
22 provision that some or all disputes arising under or related to such
23 contract shall be resolved by binding arbitration in accordance with the
24 rules of a nationally-recognized arbitration association. Nothing
25 contained in the public officers law or in any other law, rule or regu-
26 lation, shall be construed or applied to prohibit State University of
27 New York at Stony Brook officers and employees from engaging in activ-
28 ities for which no compensation is paid as designees of the State
29 University of New York at Stony Brook in connection with such joint and
30 cooperative arrangements, including serving as designees of the state
31 university as members, shareholders or as directors on boards or other
32 governing bodies of corporations or other entities. Confidential infor-
33 mation gained by State University of New York at Stony Brook officers
34 and employees while serving as designees of the State University of New
35 York at Stony Brook as members, shareholders or as directors on boards
36 or other governing bodies of corporations or other entities in
37 connection with such joint undertakings and arrangements shall not be
38 considered a "record" as defined in subdivision four of section eighty-
39 six of the public officers law.
40 § 4. This act shall take effect immediately.
41 PART C
42 Section 1. Subdivisions 5 and 6 of section 355 of the education law,
43 subdivision 5 as added by chapter 552 of the laws of 1985, paragraph a
44 of subdivision 5 as amended by chapter 682 of the laws of 2007, para-
45 graph c of subdivision 5 as added by chapter 103 of the laws of 1989,
46 paragraph d of subdivision 5 as added by chapter 537 of the laws of 1997
47 and subdivision 6 as amended by chapter 554 of the laws of 1985, are
48 amended to read as follows:
49 5. Notwithstanding the provisions of [paragraph] subdivision two of
50 section one hundred twelve and sections one hundred fifteen, one hundred
51 sixty-one[,] and one hundred sixty-three [and one hundred seventy-four]
52 of the state finance law and sections three and six of the New York
53 state printing and public documents law or any other law to the contra-
54 ry, the state university trustees are authorized and empowered to:
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1 a. (i) purchase materials, equipment and supplies, including computer
2 equipment and motor vehicles[, where the amount for a single purchase
3 does not exceed twenty thousand dollars], (ii) execute contracts for
4 services, permits, licenses, leases, contracts for the purchase or sale
5 of real property, and construction contracts [to an amount not exceeding
6 twenty thousand dollars], and (iii) contract for printing [to an amount
7 not exceeding five thousand dollars], without prior approval by any
8 other state officer or agency[, but subject to rules and regulations of
9 the state comptroller not otherwise inconsistent with the provisions of
10 this section and] in accordance with [the] guidelines, rules [and] or
11 regulations promulgated by the state university board of trustees [after
12 consultation with the state comptroller. In addition, the trustees,
13 after consultation with the commissioner of general services, are
14 authorized to annually negotiate with the state comptroller increases in
15 the aforementioned dollar limits and the exemption of any articles,
16 categories of articles or commodities from these limits. Rules and].
17 Guidelines, rules, or regulations promulgated by the state university
18 board of trustees shall, to the extent practicable, require that compet-
19 itive proposals be solicited for purchases, and shall include require-
20 ments that purchases and contracts authorized under this section be at
21 the lowest available price, including consideration of prices available
22 through other state agencies, consistent with quality requirements, and
23 as will best promote the public interest. Such purchases may be made
24 directly from any contractor pursuant to any contract for commodities
25 let by the office of general services or any other state agency;
26 b. to establish cash advance accounts for the purpose of purchasing
27 materials, supplies, or services, for cash advances for travel expenses
28 and per diem allowances, or for advance payment of wages and salary. The
29 account may be used to purchase such materials, supplies, or services
30 where the amount of a single purchase does not exceed two hundred fifty
31 dollars, in accordance with such guidelines as shall be prescribed by
32 the state university trustees [after consultation with the state comp-
33 troller].
34 c. establish guidelines in consultation with the commissioner of
35 general services authorizing participation by the state university in
36 programs administered by the office of general services for the purchase
37 of available New York state food products. The commissioner of general
38 services shall provide assistance to the state university necessary to
39 enable the university to participate in these programs.
40 [d. (1) Award contract extensions for campus transportation without
41 competitive bidding where such contracts were secured either through
42 competitive bidding or through evaluation of proposals in response to a
43 request for proposals pursuant to subparagraph (2) of this paragraph,
44 however such extensions may be rejected if the amount to be paid to the
45 contractor in any year of such proposed extension fails to reflect any
46 decrease in the regional consumer price index for the New York, New
47 York-Northeastern, New Jersey area, based upon the index for all urban
48 consumers (CPI-U) during the preceding twelve-month period. At the time
49 of any contract extension, consideration shall be given to any compet-
50 itive proposal offered by a public transportation agency. Such contract
51 may be increased for each year of the contract extension by an amount
52 not to exceed the regional consumer price index increase for the New
53 York, New York-Northeastern, New Jersey area, based upon the index for
54 all urban consumers (CPI-U), during the preceding twelve-month period,
55 provided it has been satisfactorily established by the contractor that
A. 5537 9
1 there has been at least an equivalent increase in the amount of his cost
2 of operation, during the period of the contract.]
3 6. To enter into any contract or agreement deemed necessary or advis-
4 able after consultation with appropriate state agencies for carrying out
5 the objects and purposes of state university without prior review or
6 approval by any state officer or agency [other than the state comp-
7 troller and the attorney general] including energy performance contracts
8 (as defined in section 9-102 of the energy law), contracts or agreements
9 with non-profit corporations organized by officers, employees, alumni or
10 students of state university for the furtherance of its objects and
11 purposes, and, in the case of the State University of New York at Stony
12 Brook, contracts or agreements with any campus-related foundation, alum-
13 ni association or affiliate thereof, any non-profit corporation or asso-
14 ciation organized by the president of the State University of New York
15 at Stony Brook to further its purposes or any limited liability company,
16 whose sole member is any of the foregoing entities for the furtherance
17 of the objects and purposes of the State University of New York at Stony
18 Brook, including, without limitation, the State University of New York
19 at Stony Brook's initiative. Contracts or agreements entered into with
20 the federal government to enable participation in federal student loan
21 programs, including any and all instruments required thereunder, shall
22 not be subject to the requirements of section forty-one of the state
23 finance law; provided, however, that the state shall not be liable for
24 any portion of any defaults which it has agreed to assume pursuant to
25 any such agreement in an amount in excess of money appropriated or
26 otherwise lawfully available therefor at the time the liability for
27 payment arises.
28 § 2. Subdivisions 2 and 3 of section 112 of the state finance law, as
29 amended by chapter 319 of the laws of 1992, paragraph (a) of subdivision
30 2 as amended by section 2 of part D of chapter 56 of the laws of 2006,
31 are amended to read as follows:
32 2. (a) Before any contract made for or by any state agency, depart-
33 ment, board, officer, commission, or institution, except the office of
34 general services and the State University of New York, shall be executed
35 or become effective, whenever such contract exceeds fifty thousand
36 dollars in amount and before any contract made for or by the office of
37 general services shall be executed or become effective, whenever such
38 contract exceeds eighty-five thousand dollars in amount, it shall first
39 be approved by the comptroller and filed in his or her office, provided,
40 however, that the comptroller shall make a final written determination
41 with respect to approval of such contract within ninety days of the
42 submission of such contract to his or her office unless the comptroller
43 shall notify, in writing, the state agency, department, board, officer,
44 commission, or institution, prior to the expiration of the ninety day
45 period, and for good cause, of the need for an extension of not more
46 than fifteen days, or a reasonable period of time agreed to by such
47 state agency, department, board, officer, commission, or institution and
48 provided, further, that such written determination or extension shall be
49 made part of the procurement record pursuant to paragraph f of subdivi-
50 sion one of section one hundred sixty-three of this chapter.
51 (b) Whenever any liability of any nature shall be incurred by or for
52 any state department, board, officer, commission, or institution other
53 than the State University of New York, notice that such liability has
54 been incurred shall be immediately given in writing to the state comp-
55 troller.
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1 3. A contract or other instrument wherein the state or any of its
2 officers, agencies, boards or commissions other than the State Universi-
3 ty of New York agrees to give a consideration other than the payment of
4 money, when the value or reasonably estimated value of such consider-
5 ation exceeds ten thousand dollars, shall not become a valid enforceable
6 contract unless such contract or other instrument shall first be
7 approved by the comptroller and filed in his office.
8 § 3. Paragraph a of subdivision 1 of section 139-j of the state
9 finance law, as amended by chapter 4 of the laws of 2010, is amended to
10 read as follows:
11 a. "Governmental entity" shall mean: (1) any department, board,
12 bureau, commission, division, office, council, committee or officer of
13 the state, whether permanent or temporary, other than the State Univer-
14 sity of New York; (2) each house of the state legislature; (3) the
15 unified court system; (4) any public authority, public benefit corpo-
16 ration or commission created by or existing pursuant to the public
17 authorities law; (5) any public authority or public benefit corporation,
18 at least one of whose members is appointed by the governor or who serves
19 as a member by virtue of holding a civil office of the state; (6) a
20 municipal agency, as that term is defined in paragraph (ii) of subdivi-
21 sion (s) of section one-c of the legislative law; or (7) a subsidiary or
22 affiliate of such a public authority.
23 § 4. Paragraph a of subdivision 1 of section 139-k of the state
24 finance law, as amended by chapter 4 of the laws of 2010, is amended to
25 read as follows:
26 a. "Governmental entity" shall mean: (1) any department, board,
27 bureau, commission, division, office, council, committee or officer of
28 the state, whether permanent or temporary, other than the State Univer-
29 sity of New York; (2) each house of the state legislature; (3) the
30 unified court system; (4) any public authority, public benefit corpo-
31 ration or commission created by or existing pursuant to the public
32 authorities law; (5) a public authority or public benefit corporation,
33 at least one of whose members is appointed by the governor or who serves
34 as a member by virtue of holding a civil office of the state; (6) munic-
35 ipal agency, as that term is defined in paragraph (ii) of subdivision
36 (s) of section one-c of the legislative law; or (7) a subsidiary or
37 affiliate of such a public authority.
38 § 5. Subparagraph (iv) of paragraph a of subdivision 3 of section 163
39 of the state finance law, as amended by chapter 430 of the laws of 1997,
40 is amended to read as follows:
41 (iv) The commissioner is authorized to permit any officer, body or
42 agency of the state or of a political subdivision or a district therein,
43 or fire company or volunteer ambulance service as such are defined in
44 section one hundred of the general municipal law, to make purchases of
45 commodities through the office of general services' centralized
46 contracts, pursuant to the provisions of section one hundred four of the
47 general municipal law. The commissioner is authorized to permit any
48 county extension service association as authorized under subdivision
49 eight of section two hundred twenty-four of the county law, or any asso-
50 ciation or other entity as specified in and in accordance with section
51 one hundred nine-a of the general municipal law, or any non-profit
52 corporation organized in furtherance of the objects and purposes of the
53 State University of New York, or any other association or entity as
54 specified in state law, to make purchases of commodities through the
55 office of general services' centralized contracts; provided, however,
56 that such entity so empowered shall accept sole responsibility for any
A. 5537 11
1 payment due with respect to such purchase; and provided further, howev-
2 er, that commodities so purchased by a non-profit corporation organized
3 in furtherance of the objects and purposes of the State University of
4 New York shall not be used directly or indirectly by a for-profit corpo-
5 ration or other for-profit entity which contracts with the non-profit
6 corporation, nor shall such commodities so purchased by such non-profit
7 corporation be offered for resale.
8 § 6. Paragraph e of subdivision 4 of section 163 of the state finance
9 law, as amended by chapter 95 of the laws of 2000, is amended to read as
10 follows:
11 e. [Any officer, body or agency of a political subdivision as defined
12 in section one hundred of the general municipal law or a district there-
13 in, may make purchases of services through the office of general
14 services' centralized contracts for services, subject to the provisions
15 of section one hundred four of the general municipal law. The commis-
16 sioner may permit and prescribe the conditions for the purchase of
17 services through the office of general services' centralized contracts
18 for services by any public authority or public benefit corporation of
19 the state including the port authority of New York and New Jersey. The
20 commissioner is authorized to permit any public library, association
21 library, library system, cooperative library system, the New York
22 Library Association, and the New York State Association of Library
23 Boards or any other library except those which are operated by for
24 profit entities, to make purchases of services through the office of
25 general services' centralized contracts; provided, however, that such
26 entity so empowered shall accept sole responsibility for any payment due
27 with respect to such purchase.] Any officer, body or agency of a poli-
28 tical subdivision as defined in section one hundred of the general
29 municipal law or a district therein and any non-profit corporation
30 organized in furtherance of the objects and purposes of the State
31 University of New York, may make purchases of services through the
32 office of general services' centralized contracts for services, subject,
33 in the case of such political subdivisions, to the provisions of section
34 one hundred four of the general municipal law; provided, however, that
35 in the case of any non-profit corporation organized in furtherance of
36 the objects and purposes of the State University of New York, it shall
37 accept sole responsibility for any payment due with respect to such
38 purchase and provided, further that services so purchased by any such
39 non-profit corporation shall not be used directly or indirectly by a
40 for-profit corporation or other for-profit entity which contracts with
41 the non-profit organization. The commissioner may permit and prescribe
42 the conditions for the purchase of services through the office of gener-
43 al services' centralized contracts for services by any public authority
44 or public benefit corporation of the state including the port authority
45 of New York and New Jersey, or any non-profit corporation organized in
46 furtherance of the objects and purposes of the State University of New
47 York. The commissioner is authorized to permit any public library, asso-
48 ciation library, library system, cooperative library system, the New
49 York Library Association, and the New York State Association of Library
50 Boards or any other library except those which are operated by for-pro-
51 fit entities, to make purchases of services through the office of gener-
52 al services' centralized contracts; provided, however, that such entity
53 so empowered shall accept sole responsibility for any payment due with
54 respect to such purchase.
A. 5537 12
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-
A. 5537 13
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
A. 5537 14
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.
