A11037 Summary:

BILL NOA11037
 
SAME ASSAME AS S08187-A
 
SPONSORRules (Englebright)
 
COSPNSR
 
MLTSPNSR
 
 
Authorizes the state university of New York to enter into a lease and otherwise contract to make grounds available and facilities of the state university of New York at Stony Brook to the Ronald McDonald House of Long Island, Inc., a not-for-profit corporation, to ensure quality pediatric health care services to the surrounding community; makes related provisions.
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A11037 Actions:

BILL NOA11037
 
05/31/2018referred to higher education
06/05/2018reported referred to ways and means
06/07/2018reported referred to rules
06/19/2018reported
06/19/2018rules report cal.390
06/19/2018ordered to third reading rules cal.390
06/20/2018substituted by s8187a
 S08187 AMEND=A FLANAGAN
 04/16/2018REFERRED TO HIGHER EDUCATION
 05/30/20181ST REPORT CAL.1425
 05/31/20182ND REPORT CAL.
 06/04/2018ADVANCED TO THIRD READING
 06/06/2018AMENDED ON THIRD READING (T) 8187A
 06/11/2018PASSED SENATE
 06/11/2018DELIVERED TO ASSEMBLY
 06/11/2018referred to ways and means
 06/20/2018substituted for a11037
 06/20/2018ordered to third reading rules cal.390
 06/20/2018passed assembly
 06/20/2018returned to senate
 12/18/2018DELIVERED TO GOVERNOR
 12/28/2018SIGNED CHAP.498
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A11037 Committee Votes:

HIGHER EDUCATION Chair:Glick DATE:06/05/2018AYE/NAY:24/0 Action: Favorable refer to committee Ways and Means
GlickAyeSmithAye
GottfriedAyeButlerAye
MageeAyeFitzpatrickAye
EnglebrightAyeRaAye
CahillAyeGarbarinoAye
LiftonAyeNorrisAye
CusickAyeMurrayAye
LupardoAye
Peoples-StokesExcused
BrindisiAye
StirpeAye
FahyAye
PichardoAye
SimonAye
McDonaldAye
BichotteAye
HyndmanAye
EpsteinAye

WAYS AND MEANS Chair:Weinstein DATE:06/07/2018AYE/NAY:32/0 Action: Favorable refer to committee Rules
WeinsteinAyeOaksAye
LentolAyeCrouchAye
SchimmingerAyeBarclayAye
GanttExcusedFitzpatrickAye
GlickAyeHawleyAye
NolanAyeMalliotakisAye
PretlowAyeWalterAye
PerryAyeMontesanoAye
ColtonAyeCurranAye
CookAyeRaAye
CahillAye
AubryAye
HooperAye
ThieleAye
CusickAye
OrtizAye
BenedettoAye
WeprinExcused
RodriguezAye
RamosAye
BraunsteinAye
McDonaldExcused
RozicAye
Peoples-StokesAye
SimotasAye

RULES Chair:Heastie DATE:06/19/2018AYE/NAY:30/0 Action: Favorable
HeastieAyeKolbAye
GottfriedAyeOaksAye
LentolAyeButlerAye
GanttExcusedCrouchAye
NolanAyeFinchAye
WeinsteinAyeBarclayAye
HooperAyeRaiaAye
OrtizAyeHawleyAye
PretlowAye
CookAye
GlickAye
MorelleAye
AubryAye
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PerryAye
GalefAye
PaulinAye
TitusAye
Peoples-StokesAye
BenedettoAye

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A11037 Floor Votes:

There are no votes for this bill in this legislative session.
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A11037 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          11037
 
                   IN ASSEMBLY
 
                                      May 31, 2018
                                       ___________
 
        Introduced by COMMITTEE ON RULES -- (at request of M. of A. Englebright)
          -- read once and referred to the Committee on Higher Education
 
        AN  ACT  in  relation  to  granting the state university of New York the
          authority and power to enter into a lease  with  the  Ronald  McDonald
          House of Long Island, Inc.
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Legislative findings. The legislature finds that the  State
     2  University of New York at Stony Brook ("University") is in need of addi-
     3  tional  facilities  to  fulfill  its  legislatively  mandated mission of
     4  research, education, and provision  of  health  care  services.  Specif-
     5  ically,  Ronald  McDonald  House  of  Long Island, Inc.   has offered to
     6  construct, maintain and operate a "Ronald McDonald House" to support the
     7  operations of Stony Brook  University  Hospital's  Children's  Hospital.
     8  Furthermore,  such activity will promote the provision of quality pedia-
     9  tric health care services to the surrounding community.
    10    The legislature further finds that granting the trustees of the  State
    11  University  of  New  York the authority and power to lease and otherwise
    12  contract to make available grounds and facilities of the campus  of  the
    13  State  University  of  New York at Stony Brook will ensure such activity
    14  will promote the provision of quality pediatric health care services  to
    15  the surrounding community.
    16    §  2. Notwithstanding any other law to the contrary, the state univer-
    17  sity trustees are hereby authorized and empowered,  without  any  public
    18  bidding,  to  lease  and  otherwise contract to make available to Ronald
    19  McDonald House of Long Island, Inc., a not-for-profit  corporation  (the
    20  "Ground  Lessee"),  a  portion  of the lands of the University generally
    21  described in this act for the purpose of constructing,  maintaining  and
    22  operating  a  Ronald  McDonald House to support the provision of quality
    23  pediatric health care to the surrounding communities and the missions of
    24  the State University of New York. Such lease or contract shall be for  a
    25  period  not  exceeding  50  years  without any fee simple conveyance and
    26  otherwise upon terms and conditions determined by such trustees, subject
    27  to the approval of the director of  the  division  of  the  budget,  the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16137-01-8

        A. 11037                            2
 
     1  attorney  general  and the state comptroller. In the event that the real
     2  property that is the subject of such lease or contract shall cease to be
     3  used for the purpose described in this act, such lease or contract shall
     4  immediately terminate and the real property and any improvements thereon
     5  shall  revert to the State University of New York. Any lease or contract
     6  entered into pursuant to this act shall provide that the  real  property
     7  that is the subject of such lease or contract and any improvements ther-
     8  eon  shall  revert to the State University of New York on the expiration
     9  of such contract or lease.
    10    § 3. Any contract or lease entered into pursuant to this act shall  be
    11  deemed to be a state contract for purposes of article 15-A of the execu-
    12  tive  law, and any contractor, subcontractor, lessee or sublessee enter-
    13  ing into such contract or lease for the construction, demolition, recon-
    14  struction, excavation, rehabilitation, repair, renovation, alteration or
    15  improvement authorized pursuant to this act  shall  be  deemed  a  state
    16  agency for the purposes of article 15-A of the executive law and subject
    17  to the provisions of such article.
    18    §  4.  Notwithstanding  any  general, special or local law or judicial
    19  decision to the contrary, all work performed on a project authorized  by
    20  this  act where all or any portion thereof involves a lease or agreement
    21  for  construction,  demolition,  reconstruction,  excavation,  rehabili-
    22  tation,  repair,  renovation,  alteration or improvement shall be deemed
    23  public work and shall be subject to and performed in accordance with the
    24  provisions of article 8 of the labor law to the same extent and  in  the
    25  same  manner  as  a  contract  of the state, and compliance with all the
    26  provisions of article 8 of the  labor  law  shall  be  required  of  any
    27  lessee, sublessee, contractor or subcontractor on the project, including
    28  the enforcement of prevailing wage requirements by the fiscal officer as
    29  defined  in paragraph e of subdivision 5 of section 220 of the labor law
    30  to the same extent as a contract of the state.
    31    § 5. Notwithstanding any law, rule or regulation to the contrary,  the
    32  State  University  of New York shall not contract out to Ronald McDonald
    33  House of Long Island, Inc. or any subsidiary for the instruction or  any
    34  pedagogical  functions  or services, or any administrative services, and
    35  similar professional services currently being performed by state employ-
    36  ees. All such functions and services shall be performed by state employ-
    37  ees pursuant to the civil service law. Nothing in this act shall  result
    38  in  the  displacement of any currently employed state worker or the loss
    39  of position (including partial displacement such  as  reduction  in  the
    40  hours  of  non-overtime, wages or employment benefits), or result in the
    41  impairment of existing contracts for services or  collective  bargaining
    42  rights  pursuant  to existing agreements. All positions currently at the
    43  State University of New York in the unclassified service  of  the  civil
    44  service  law  shall  remain  in the unclassified service. No services or
    45  work on the property described in this act currently performed by public
    46  employees or future work that is similar in scope and nature to the work
    47  being currently performed by public employees shall be contracted out or
    48  privatized by the State University of New York or by an affiliated enti-
    49  ty or associated entity of the State University of New  York.  All  such
    50  future work shall be performed by public employees.
    51    §  6.  For  the purposes of this act: (a) "project" shall mean work at
    52  the property authorized by this act to  be  leased  to  Ronald  McDonald
    53  House  of  Long Island, Inc. as described in section 11 of this act that
    54  involves the design, construction, reconstruction, demolition,  excavat-
    55  ing,  rehabilitation, repair, renovation, alteration or improvement of a
    56  Ronald McDonald House.

        A. 11037                            3
 
     1    (b)  "project  labor  agreement"  shall  mean  a  pre-hire  collective
     2  bargaining  agreement  between  a  contractor  and a labor organization,
     3  establishing the labor organization as the collective bargaining  repre-
     4  sentative  for  all  persons  who  will perform work on the project, and
     5  which  provides that only contractors and subcontractors who sign a pre-
     6  negotiated agreement with the labor  organization  can  perform  project
     7  work.
     8    Notwithstanding  the  provisions of any general, special, or local law
     9  or judicial decision to the contrary: (a) Ronald McDonald House of  Long
    10  Island,  Inc.  may require a contractor awarded a contract, subcontract,
    11  lease, grant, bond, covenant or other agreement for a project  to  enter
    12  into  a  project  labor  agreement during and for the work involved with
    13  such project when such requirement is part of  Ground  Lessee's  request
    14  for  proposals for the project and when the State University of New York
    15  at Stony Brook determines that the record  supporting  the  decision  to
    16  enter  into  such an agreement establishes that the interests underlying
    17  the competitive bidding laws are best met by requiring a  project  labor
    18  agreement  including  obtaining  the  best  work  at the lowest possible
    19  price; preventing favoritism, fraud and corruption; the impact of delay;
    20  the possibility of cost savings; and any local history of labor unrest.
    21    (b) If the State University of  New  York  at  Stony  Brook  does  not
    22  require  a  project labor agreement, then any contractor, subcontractor,
    23  lease, grant, bond, covenant or other agreements for a project shall  be
    24  awarded pursuant to section 135 of the state finance law.
    25    § 7. Without limiting the determination of the terms and conditions of
    26  such  contracts  or  leases,  such  terms and conditions may provide for
    27  leasing,  subleasing,  construction,   reconstruction,   rehabilitation,
    28  improvement,  operation  and management of and provision of services and
    29  assistance and the granting of licenses, easements  and  other  arrange-
    30  ments  with  regard to such grounds and facilities by the Ground Lessee,
    31  and parties contracting with the Ground Lessee, and, in connection  with
    32  such  activities,  the obtaining of funding or financing, whether public
    33  or private, unsecured or secured (including, but not limited to, secured
    34  by leasehold mortgages and assignments of  rents  and  leases),  by  the
    35  Ground  Lessee  and  parties  contracting with the Ground Lessee for the
    36  purposes of completing the project described in this act.
    37    § 8. Such lease shall  include  an  indemnity  provision  whereby  the
    38  lessee  or sublessee promises to indemnify, hold harmless and defend the
    39  lessor against all claims, suits, actions, and liability to all  persons
    40  on  the leased premises, including tenant, tenant's agents, contractors,
    41  subcontractors, employees, customers, guests,  licensees,  invitees  and
    42  members of the public, for damage to any such person's property, whether
    43  real  or  personal, or for personal injuries arising out of tenant's use
    44  or occupation of the demised premises.
    45    § 9. Any contracts entered into  pursuant  to  this  act  between  the
    46  Ground  Lessee  and  parties contracting with the Ground Lessee shall be
    47  awarded by a competitive process.
    48    § 10. The State University of New York shall not lease lands described
    49  in this act unless any such lease shall be executed within five years of
    50  the effective date of this act.
    51    § 11. The property authorized by this act to be leased to Ronald McDo-
    52  nald House of Long Island, Inc. is generally described as that parcel of
    53  real property with improvements thereon consisting of a total of approx-
    54  imately 2.55 acres situated on the campus of the State University of New
    55  York at Stony Brook. The description in this section of the parcel to be

        A. 11037                            4
 
     1  made available pursuant  to  this  act  is  not  meant  to  be  a  legal
     2  description, but is intended only to identify the parcel:
     3    ALL  that  certain  plot,  piece or parcel of land situate, lying, and
     4  being at Stony Brook, in the Town of Brookhaven, County of  Suffolk  and
     5  State of New York, being bounded and described as follows:
     6    BEGINNING  at  a point on the campus of Stony Brook University, on the
     7  easterly side of Health Sciences Drive and the  northerly  side  of  the
     8  entrance  to  Chapin Apartments, said point having a State Plane Coordi-
     9  nate (SPC 3104 NY L) location of N 271360.8745, E 1229873.8528;
    10    RUNNING THENCE along the easterly side of Health Sciences Drive  North
    11  27 degrees 7 minutes 11 seconds West, 84.17 feet;
    12    THENCE  along  the  arc  of  a  non-tangent curve bearing to the left,
    13  having a radius of 73.00 feet and a length of 84.87 feet, the  chord  of
    14  which bears North 27 degrees 8 minutes 28 seconds West, 80.17 feet;
    15    THENCE North 27 degrees 4 minutes 45 seconds West, 98.71 feet;
    16    THENCE North 51 degrees 5 minutes 34 seconds East, 70.55 feet;
    17    THENCE South 84 degrees 1 minute 34 seconds East, 245.01 feet;
    18    THENCE South 72 degrees 45 minutes 33 seconds East 311.86 feet;
    19    THENCE South 13 degrees 50 minutes 29 seconds West, 118.38 feet;
    20    THENCE Due West, 270.13 feet;
    21    THENCE South 52 degrees 30 minutes 19 seconds West, 97.10 feet;
    22    THENCE South 2 degrees 57 minutes 44 seconds East, 23.18 feet;
    23    THENCE South 89 degrees 18 minutes 30 seconds West, 43.12 feet;
    24    THENCE North 2 degrees 57 minutes 44 seconds West, 29.20 feet;
    25    THENCE South 83 degrees 20 minutes 7 seconds West 34.43 feet;
    26    THENCE  along  a  curve bearing to the right, having a radius of 22.00
    27  feet and a length of 26.70 feet, to THE POINT OR PLACE OF BEGINNING.
    28    Containing: 111,263 square feet or 2.55 acres, more or less.   Subject
    29  to all existing easements and restrictions of record.
    30    §  12. Insofar as the provisions of this act are inconsistent with the
    31  provisions of any law, general, special or local, the provisions of this
    32  act shall be controlling.
    33    § 13. This act shall take effect immediately.
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