S08187 Summary:

BILL NOS08187A
 
SAME ASSAME AS A11037
 
SPONSORFLANAGAN
 
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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S08187 Actions:

BILL NOS08187A
 
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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S08187 Committee Votes:

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S08187 Floor Votes:

DATE:06/20/2018Assembly Vote  YEA/NAY: 143/0
AbbateYCookYGarbarinoYLupardoYPellegrinoYStecY
AbinantiYCrespoYGiglioYMageeYPeoples-StokesYSteckY
ArroyoYCrouchYGlickYMagnarelliYPerryYSternY
AshbyYCurranYGoodellYMalliotakisYPheffer AmatoYStirpeY
AubryYCusickYGottfriedYMcDonaldYPichardoYTagueY
BarclayYCymbrowitzYGuntherYMcDonoughYPretlowYTaylorY
BarnwellYDavilaYHawleyYMikulinYQuartYThieleY
BarrettYDe La RosaYHevesiYMill B YRaYTitoneY
BarronYDenDekkerYHikindYMill MGYRaiaYTitusY
BenedettoYDickensYHooperYMill MLYRamosYVanelY
BichotteYDilanYHunterYMontesanoYRichardsonERWalkerY
BlakeYDinowitzYHyndmanYMorelleYRiveraYWallaceY
BlankenbushYDiPietroYJaffeeYMorinelloYRodriguezYWalshY
BohenYD'UrsoYJean-PierreYMosleyYRose D YWalterY
BrabenecYEnglebrightYJenneYMurrayYRose L YWeinsteinY
BraunsteinYEpsteinERJohnsYNiouYRozicYWeprinY
BrindisiYErrigoYJonesYNolanYRyanYWilliamsY
BronsonYEspinalYJoynerYNorrisYSantabarbaraYWoernerY
BuchwaldYFahyYKimYOaksYSchimmingerYWrightY
ButlerYFernandezYKolbYO'DonnellYSeawrightYZebrowskiY
ByrneYFinchYLalorYOrtizYSimonYMr SpkrY
CahillYFitzpatrickYLavineYOtisYSimotasY
CarrollYFriendYLawrenceYPalmesanoYSkoufisY
CastorinaYGalefYLentolYPalumboYSmithY
ColtonYGanttERLiftonYPaulinYSolagesY

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S08187 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8187--A
            Cal. No. 1425
 
                    IN SENATE
 
                                     April 16, 2018
                                       ___________
 
        Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Higher  Education  --
          reported  favorably  from  said committee, ordered to first and second
          report, ordered to a third reading,  amended  and  ordered  reprinted,
          retaining its place in the order of third reading

        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15336-02-8

        S. 8187--A                          2
 
     1  period  not  exceeding  50  years  without any fee simple conveyance and
     2  otherwise upon terms and conditions determined by such trustees, subject
     3  to the approval of the director of  the  division  of  the  budget,  the
     4  attorney  general  and the state comptroller. In the event that the real
     5  property that is the subject of such lease or contract shall cease to be
     6  used for the purpose described in this act, such lease or contract shall
     7  immediately terminate and the real property and any improvements thereon
     8  shall revert to the State University of New York. Any lease or  contract
     9  entered  into  pursuant to this act shall provide that the real property
    10  that is the subject of such lease or contract and any improvements ther-
    11  eon shall revert to the State University of New York on  the  expiration
    12  of such contract or lease.
    13    §  3. Any contract or lease entered into pursuant to this act shall be
    14  deemed to be a state contract for purposes of article 15-A of the execu-
    15  tive law, and any contractor, subcontractor, lessee or sublessee  enter-
    16  ing into such contract or lease for the construction, demolition, recon-
    17  struction, excavation, rehabilitation, repair, renovation, alteration or
    18  improvement  authorized  pursuant  to  this  act shall be deemed a state
    19  agency for the purposes of article 15-A of the executive law and subject
    20  to the provisions of such article.
    21    § 4. Notwithstanding any general, special or  local  law  or  judicial
    22  decision  to the contrary, all work performed on a project authorized by
    23  this act where all or any portion thereof involves a lease or  agreement
    24  for  construction,  demolition,  reconstruction,  excavation,  rehabili-
    25  tation, repair, renovation, alteration or improvement  shall  be  deemed
    26  public work and shall be subject to and performed in accordance with the
    27  provisions  of  article 8 of the labor law to the same extent and in the
    28  same manner as a contract of the state,  and  compliance  with  all  the
    29  provisions  of  article  8  of  the  labor  law shall be required of any
    30  lessee, sublessee, contractor or subcontractor on the project, including
    31  the enforcement of prevailing wage requirements by the fiscal officer as
    32  defined in paragraph e of subdivision 5 of section 220 of the labor  law
    33  to the same extent as a contract of the state.
    34    §  5. Notwithstanding any law, rule or regulation to the contrary, the
    35  State University of New York shall not contract out to  Ronald  McDonald
    36  House  of Long Island, Inc. or any subsidiary for the instruction or any
    37  pedagogical functions or services, or any administrative  services,  and
    38  similar professional services currently being performed by state employ-
    39  ees. All such functions and services shall be performed by state employ-
    40  ees  pursuant to the civil service law. Nothing in this act shall result
    41  in the displacement of any currently employed state worker or  the  loss
    42  of  position  (including  partial  displacement such as reduction in the
    43  hours of non-overtime, wages or employment benefits), or result  in  the
    44  impairment  of  existing contracts for services or collective bargaining
    45  rights pursuant to existing agreements. All positions currently  at  the
    46  State  University  of  New York in the unclassified service of the civil
    47  service law shall remain in the unclassified  service.  No  services  or
    48  work on the property described in this act currently performed by public
    49  employees or future work that is similar in scope and nature to the work
    50  being currently performed by public employees shall be contracted out or
    51  privatized by the State University of New York or by an affiliated enti-
    52  ty  or  associated  entity of the State University of New York. All such
    53  future work shall be performed by public employees.
    54    § 6. For the purposes of this act: (a) "project" shall  mean  work  at
    55  the  property  authorized  by  this  act to be leased to Ronald McDonald
    56  House of Long Island, Inc. as described in section 11 of this  act  that

        S. 8187--A                          3
 
     1  involves  the design, construction, reconstruction, demolition, excavat-
     2  ing, rehabilitation, repair, renovation, alteration or improvement of  a
     3  Ronald McDonald House.
     4    (b)  "project  labor  agreement"  shall  mean  a  pre-hire  collective
     5  bargaining agreement between a  contractor  and  a  labor  organization,
     6  establishing  the labor organization as the collective bargaining repre-
     7  sentative for all persons who will perform  work  on  the  project,  and
     8  which  provides that only contractors and subcontractors who sign a pre-
     9  negotiated agreement with the labor  organization  can  perform  project
    10  work.
    11    Notwithstanding  the  provisions of any general, special, or local law
    12  or judicial decision to the contrary: (a) Ronald McDonald House of  Long
    13  Island,  Inc.  may require a contractor awarded a contract, subcontract,
    14  lease, grant, bond, covenant or other agreement for a project  to  enter
    15  into  a  project  labor  agreement during and for the work involved with
    16  such project when such requirement is part of  Ground  Lessee's  request
    17  for  proposals for the project and when the State University of New York
    18  at Stony Brook determines that the record  supporting  the  decision  to
    19  enter  into  such an agreement establishes that the interests underlying
    20  the competitive bidding laws are best met by requiring a  project  labor
    21  agreement  including  obtaining  the  best  work  at the lowest possible
    22  price; preventing favoritism, fraud and corruption; the impact of delay;
    23  the possibility of cost savings; and any local history of labor unrest.
    24    (b) If the State University of  New  York  at  Stony  Brook  does  not
    25  require  a  project labor agreement, then any contractor, subcontractor,
    26  lease, grant, bond, covenant or other agreements for a project shall  be
    27  awarded pursuant to section 135 of the state finance law.
    28    § 7. Without limiting the determination of the terms and conditions of
    29  such  contracts  or  leases,  such  terms and conditions may provide for
    30  leasing,  subleasing,  construction,   reconstruction,   rehabilitation,
    31  improvement,  operation  and management of and provision of services and
    32  assistance and the granting of licenses, easements  and  other  arrange-
    33  ments  with  regard to such grounds and facilities by the Ground Lessee,
    34  and parties contracting with the Ground Lessee, and, in connection  with
    35  such  activities,  the obtaining of funding or financing, whether public
    36  or private, unsecured or secured (including, but not limited to, secured
    37  by leasehold mortgages and assignments of  rents  and  leases),  by  the
    38  Ground  Lessee  and  parties  contracting with the Ground Lessee for the
    39  purposes of completing the project described in this act.
    40    § 8. Such lease shall  include  an  indemnity  provision  whereby  the
    41  lessee  or sublessee promises to indemnify, hold harmless and defend the
    42  lessor against all claims, suits, actions, and liability to all  persons
    43  on  the leased premises, including tenant, tenant's agents, contractors,
    44  subcontractors, employees, customers, guests,  licensees,  invitees  and
    45  members of the public, for damage to any such person's property, whether
    46  real  or  personal, or for personal injuries arising out of tenant's use
    47  or occupation of the demised premises.
    48    § 9. Any contracts entered into  pursuant  to  this  act  between  the
    49  Ground  Lessee  and  parties contracting with the Ground Lessee shall be
    50  awarded by a competitive process.
    51    § 10. The State University of New York shall not lease lands described
    52  in this act unless any such lease shall be executed within five years of
    53  the effective date of this act.
    54    § 11. The property authorized by this act to be leased to Ronald McDo-
    55  nald House of Long Island, Inc. is generally described as that parcel of
    56  real property with improvements thereon consisting of a total of approx-

        S. 8187--A                          4
 
     1  imately 2.55 acres situated on the campus of the State University of New
     2  York at Stony Brook. The description in this section of the parcel to be
     3  made available pursuant  to  this  act  is  not  meant  to  be  a  legal
     4  description, but is intended only to identify the parcel:
     5    ALL  that  certain  plot,  piece or parcel of land situate, lying, and
     6  being at Stony Brook, in the Town of Brookhaven, County of  Suffolk  and
     7  State of New York, being bounded and described as follows:
     8    BEGINNING  at  a point on the campus of Stony Brook University, on the
     9  easterly side of Health Sciences Drive and the  northerly  side  of  the
    10  entrance  to  Chapin Apartments, said point having a State Plane Coordi-
    11  nate (SPC 3104 NY L) location of N 271360.8745, E 1229873.8528;
    12    RUNNING THENCE along the easterly side of Health Sciences Drive  North
    13  27 degrees 7 minutes 11 seconds West, 84.17 feet;
    14    THENCE  along  the  arc  of  a  non-tangent curve bearing to the left,
    15  having a radius of 73.00 feet and a length of 84.87 feet, the  chord  of
    16  which bears North 27 degrees 8 minutes 28 seconds West, 80.17 feet;
    17    THENCE North 27 degrees 4 minutes 45 seconds West, 98.71 feet;
    18    THENCE North 51 degrees 5 minutes 34 seconds East, 70.55 feet;
    19    THENCE South 84 degrees 1 minute 34 seconds East, 245.01 feet;
    20    THENCE South 72 degrees 45 minutes 33 seconds East 311.86 feet;
    21    THENCE South 13 degrees 50 minutes 29 seconds West, 118.38 feet;
    22    THENCE Due West, 270.13 feet;
    23    THENCE South 52 degrees 30 minutes 19 seconds West, 97.10 feet;
    24    THENCE South 2 degrees 57 minutes 44 seconds East, 23.18 feet;
    25    THENCE South 89 degrees 18 minutes 30 seconds West, 43.12 feet;
    26    THENCE North 2 degrees 57 minutes 44 seconds West, 29.20 feet;
    27    THENCE South 83 degrees 20 minutes 7 seconds West 34.43 feet;
    28    THENCE  along  a  curve bearing to the right, having a radius of 22.00
    29  feet and a length of 26.70 feet, to THE POINT OR PLACE OF BEGINNING.
    30    Containing: 111,263 square feet or 2.55 acres, more or less.   Subject
    31  to all existing easements and restrictions of record.
    32    §  12. Insofar as the provisions of this act are inconsistent with the
    33  provisions of any law, general, special or local, the provisions of this
    34  act shall be controlling.
    35    § 13. This act shall take effect immediately.
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