S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 4863                                                  A. 7841

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             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:

  Section  1.  This  act  shall  be known and may be cited as the "Stony
Brook University quality higher education and economic development act".
  S 2. Legislative findings and intent.    The  legislature  finds  that
Stony Brook University is and continues to be a strong and valued player
in  the  Long  Island  economy.  The state must recognize the benefit of
strengthening its partnership with Stony Brook University  in  terms  of
creating  jobs  and  keeping individuals gainfully employed. Stony Brook
University must also continue to focus on its contributions to the local
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

  Stony Brook University ranks  among  the  foremost  research  academic
institutions  in  the  world.  The  University must continue to ensure a
quality education for all of its  students,  advance  its  research  and
clinical  missions, and remain competitive with the other 61 Association
of  American  Universities institutions across the nation.  Its research
and development park, along with Brookhaven  National  Laboratory,  will
also  serve  a  critical  role  in the development of high technologies,
bio-technologies, and medical technologies and will continue  to  stimu-
late  the  economy  and  provide  jobs and be the foundation for further
alliances with public and private research entities.
  Finally, the legislature intends to  provide  Stony  Brook  University
greater  flexibility  and  resources to ensure the continued delivery of
the highest quality education to its students, the future workforce  for
our  communities; University Hospital and Medical Center, the safety net
for critical care on Long Island, and the training site for  the  future
medical  professionals;  the  necessary support for its faculty, and the
tools to drive our economy back to prosperity.
  S 3. This act enacts into law major components  of  legislation  which
are  necessary for the efficient and productive operation of this state.
Each component is wholly contained within a Part identified as  Parts  A
through  E.  The  effective  date or dates for each particular provision
contained within such Part are set forth in the  last  section  of  such
Part.  Any  provision  in any section contained within a Part, including
the effective date of the Part, which makes reference to a  section  "of
this act", when used in connection with that particular component, shall
be  deemed to mean and refer to the corresponding section of the Part in
which it is found.

                                 PART A

  Section 1. Paragraph h of subdivision 2 of section 355 of  the  educa-
tion law is amended by adding a new subparagraph 4-a to read as follows:
  (4-A)  COMMENCING  WITH THE TWO THOUSAND TEN ACADEMIC YEAR, THE PRESI-
DENT OF THE STATE UNIVERSITY OF NEW YORK AT STONY BROOK, IN CONSULTATION
WITH THE STONY BROOK COUNCIL, IS  AUTHORIZED  TO  REQUEST  REVENUES  FOR
STUDENTS ENROLLED IN DEGREE GRANTING PROGRAMS AT THE STATE UNIVERSITY OF
NEW YORK AT STONY BROOK WITH THE PRIOR APPROVAL OF THE TRUSTEES.
  S  2.  Paragraph  (b)  of  subdivision 2 of section 1676 of the public
authorities law is amended by adding two new undesignated paragraphs  to
read as follows:
  THE  STATE  UNIVERSITY  OF NEW YORK AT STONY BROOK, IN CONNECTION WITH
THE   FINANCING,   REFINANCING,   ACQUISITION,   DESIGN,    DEVELOPMENT,
CONSTRUCTION,  RECONSTRUCTION,  RENOVATION, REHABILITATION, IMPROVEMENT,
EXPANSION, FURNISHING AND  EQUIPPING  OF,  OR  OTHERWISE  PROVIDING  FOR
ACADEMIC  BUILDINGS,  DORMITORIES, AND OTHER FACILITIES ON LANDS HELD BY
THE STATE OF NEW YORK FOR THE BENEFIT OF THE  STATE  UNIVERSITY  OF  NEW
YORK  AT  STONY  BROOK  OR  LANDS LEASED BY THE STATE OF NEW YORK OR THE
STATE UNIVERSITY OF NEW YORK AT STONY BROOK FOR USE BY STUDENTS, FACULTY
AND STAFF OF THE STATE UNIVERSITY OF NEW YORK AT STONY BROOK.
  ANY STATE UNIVERSITY OF NEW YORK AT STONY BROOK CAMPUS-RELATED FOUNDA-
TION, ALUMNI ASSOCIATION OR AFFILIATE THEREOF, ANY NOT-FOR-PROFIT CORPO-
RATION OR ASSOCIATION ORGANIZED BY THE PRESIDENT OR THE  ALUMNI  OF  THE
STATE  UNIVERSITY OF NEW YORK AT STONY BROOK TO FURTHER ITS PURPOSES, OR
ANY LIMITED LIABILITY COMPANY WHOSE SOLE MEMBER IS ANY ONE OF THE  FORE-
GOING  ENTITIES, IN CONNECTION WITH THE FINANCING, REFINANCING, ACQUISI-
TION, DESIGN,  DEVELOPMENT,  CONSTRUCTION,  RECONSTRUCTION,  RENOVATION,

S. 4863                             3                            A. 7841

REHABILITATION,  IMPROVEMENT, EXPANSION, FURNISHING AND EQUIPPING OF, OR
OTHERWISE PROVIDING FOR,  ACADEMIC  BUILDINGS,  DORMITORIES,  AND  OTHER
FACILITIES  FOR  THE  USE  OF  STUDENTS,  FACULTY AND STAFF OF THE STATE
UNIVERSITY OF NEW YORK AT STONY BROOK.
  S  3.  Subdivision  1 of section 1680 of the public authorities law is
amended by adding two new undesignated paragraphs to read as follows:
  THE STATE UNIVERSITY OF NEW YORK AT STONY BROOK,  IN  CONNECTION  WITH
THE    FINANCING,   REFINANCING,   ACQUISITION,   DESIGN,   DEVELOPMENT,
CONSTRUCTION, RECONSTRUCTION, RENOVATION,  REHABILITATION,  IMPROVEMENT,
EXPANSION,  FURNISHING  AND  EQUIPPING  OF,  OR OTHERWISE PROVIDING FOR,
ACADEMIC BUILDINGS, DORMITORIES, AND OTHER FACILITIES ON LANDS  HELD  BY
THE  STATE  OF  NEW  YORK FOR THE BENEFIT OF THE STATE UNIVERSITY OF NEW
YORK AT STONY BROOK OR LANDS LEASED BY THE STATE  OF  NEW  YORK  OR  THE
STATE UNIVERSITY OF NEW YORK AT STONY BROOK FOR USE BY STUDENTS, FACULTY
AND STAFF OF THE STATE UNIVERSITY OF NEW YORK AT STONY BROOK.
  ANY STATE UNIVERSITY OF NEW YORK AT STONY BROOK CAMPUS-RELATED FOUNDA-
TION, ALUMNI ASSOCIATION OR AFFILIATE THEREOF, ANY NOT-FOR-PROFIT CORPO-
RATION OR ASSOCIATION ORGANIZED BY THE PRESIDENT OF THE STATE UNIVERSITY
OF  NEW  YORK  AT  STONY  BROOK  TO FURTHER ITS PURPOSES, OR ANY LIMITED
LIABILITY COMPANY WHOSE SOLE MEMBER IS ANY ONE OF  THE  FOREGOING  ENTI-
TIES,  IN  CONNECTION  WITH  THE  FINANCING,  REFINANCING,  ACQUISITION,
DESIGN, DEVELOPMENT, CONSTRUCTION, RECONSTRUCTION, RENOVATION, REHABILI-
TATION, IMPROVEMENT, EXPANSION, FURNISHING AND EQUIPPING OF,  OR  OTHER-
WISE  PROVIDING  FOR, ACADEMIC BUILDINGS, DORMITORIES, AND OTHER FACILI-
TIES FOR THE USE OF STUDENTS, FACULTY AND STAFF OF THE STATE  UNIVERSITY
OF NEW YORK AT STONY BROOK.
  S 4. Any contracts entered into by the dormitory authority pursuant to
this act shall be deemed state contracts within the meaning of that term
as  set  forth  in  article 15-A of the executive law; and the authority
shall be deemed, for the purposes of this act, a contracting  agency  as
that term is used in article 15-A of the executive law.
  S  5.  Subdivision 12 of section 373 of the education law, as added by
chapter 251 of the laws of 1962, is amended to read as follows:
  12. To [make] PROCURE and execute contracts, lease agreements, and all
other instruments necessary or convenient for the exercise of its corpo-
rate powers and the fulfillment of its  corporate  purposes  under  this
article.  NOTWITHSTANDING  ANY  OTHER LAW TO THE CONTRARY, ALL SUCH FUND
PROCUREMENTS ON BEHALF OF THE STATE UNIVERSITY  OF  NEW  YORK  AT  STONY
BROOK  SHALL BE SUBJECT ONLY TO PROCUREMENT GUIDELINES THAT ARE ANNUALLY
ADOPTED BY THE FUND TRUSTEES, WHICH SHALL SUBSTANTIALLY CONFORM  TO  THE
PROVISIONS OF TITLE FOUR OF ARTICLE NINE OF THE PUBLIC AUTHORITIES LAW;
  S  6.  Section  373  of  the  education law is amended by adding a new
subdivision 20 to read as follows:
  20. TO  DESIGN,  CONSTRUCT,  ACQUIRE,  RECONSTRUCT,  REHABILITATE  AND
IMPROVE  ACADEMIC BUILDINGS, DORMITORIES AND OTHER FACILITIES FOR USE BY
STUDENTS, FACULTY AND STAFF OF THE STATE UNIVERSITY OF NEW YORK AT STONY
BROOK USING ANY PROJECT DELIVERY METHOD, INCLUDING BUT NOT  LIMITED  TO,
DESIGN/BID/BUILD,  DESIGN/BUILD  OR  CONSTRUCTION  MANAGER AT RISK, THAT
WILL ASSIST THE FUND IN FULFILLING  ITS  PURPOSES  UNDER  SECTION  THREE
HUNDRED SEVENTY-TWO OF THIS ARTICLE.
  S  7.  Subdivisions  9  and 10 of section 376 of the education law are
renumbered subdivisions 10 and 11 and a new subdivision 9  is  added  to
read as follows:
  9.  ALL CONTRACTS WHICH ARE TO BE AWARDED PURSUANT TO THIS SUBDIVISION
ON BEHALF OF THE STATE UNIVERSITY OF NEW YORK AT STONY  BROOK  SHALL  BE
AWARDED PURSUANT TO PROCUREMENT GUIDELINES APPROVED ANNUALLY BY THE FUND

S. 4863                             4                            A. 7841

TRUSTEES   OR  BY  PUBLIC  LETTING  IN  ACCORDANCE  WITH  THE  FOLLOWING
PROVISIONS,  NOTWITHSTANDING  ANY  CONTRARY  PROVISION  OF  SECTION  ONE
HUNDRED  TWELVE,  ONE  HUNDRED  THIRTY-FIVE, ONE HUNDRED THIRTY-SIX, ONE
HUNDRED THIRTY-NINE OR ONE HUNDRED FORTY OF THE STATE FINANCE LAW OR ANY
OTHER  LAW,  PROVIDED,  HOWEVER, THAT WHERE THE ESTIMATED EXPENSE OF ANY
CONTRACT WHICH MAY BE AWARDED PURSUANT TO THIS SUBDIVISION IS LESS  THAN
TWO  HUNDRED  FIFTY  THOUSAND DOLLARS, A PERFORMANCE BOND AND A BOND FOR
THE PAYMENT OF LABOR AND MATERIAL MAY, IN THE DISCRETION  OF  THE  FUND,
NOT  BE  REQUIRED,  AND  EXCEPT  THAT  IN  THE DISCRETION OF THE FUND, A
CONTRACT MAY BE ENTERED INTO FOR SUCH PURPOSES  WITHOUT  PUBLIC  LETTING
WHERE THE ESTIMATED EXPENSE THEREOF IS LESS THAN FIFTY THOUSAND DOLLARS,
OR  WHERE IN THE JUDGMENT OF THE FUND AN EMERGENCY CONDITION EXISTS AS A
RESULT OF DAMAGE TO AN EXISTING ACADEMIC BUILDING,  DORMITORY  OR  OTHER
FACILITY WHICH HAS BEEN CAUSED BY AN ACT OF GOD, FIRE OR OTHER CASUALTY,
OR  ANY  OTHER UNANTICIPATED, SUDDEN AND UNEXPECTED OCCURRENCE, THAT HAS
RESULTED IN DAMAGE TO OR A MALFUNCTION IN AN EXISTING ACADEMIC BUILDING,
DORMITORY OR OTHER FACILITY AND INVOLVES A PRESSING NECESSITY FOR  IMME-
DIATE  REPAIR, RECONSTRUCTION OR MAINTENANCE IN ORDER TO PERMIT THE SAFE
CONTINUATION OF THE USE OR FUNCTION OF SUCH FACILITY, OR TO PROTECT  THE
FACILITY  OR THE LIFE, HEALTH OR SAFETY OF ANY PERSON, AND THE NATURE OF
THE WORK IS SUCH THAT IN THE JUDGMENT OF THE FUND IT WOULD BE  IMPRACTI-
CAL  AND  AGAINST  THE PUBLIC INTEREST TO HAVE PUBLIC LETTING; PROVIDED,
HOWEVER, THAT THE FUND, PRIOR TO AWARDING A CONTRACT  HEREUNDER  BECAUSE
OF  AN EMERGENCY CONDITION NOTIFY THE COMPTROLLER OF ITS INTENT TO AWARD
SUCH A CONTRACT:
  A. THE LETTING AGENCY SHALL ADVERTISE THE INVITATION  TO  BID  OR  THE
REQUEST  FOR PROPOSALS IN A NEWSPAPER PUBLISHED IN THE COUNTY OF SUFFOLK
AND IN SUCH OTHER NEWSPAPERS AS WILL BE MOST LIKELY IN  ITS  OPINION  TO
GIVE  ADEQUATE  NOTICE  TO  CONTRACTORS  OF  THE WORK REQUIRED PROVIDED,
HOWEVER, THAT WHERE THE ESTIMATED EXPENSE OF ANY CONTRACT WHICH  MAY  BE
AWARDED  PURSUANT  TO  THIS  SUBDIVISION  IS LESS THAN TWO HUNDRED FIFTY
THOUSAND DOLLARS, THE LETTING AGENCY MAY ADVERTISE THE INVITATION TO BID
SOLELY THROUGH THE PROCUREMENT OPPORTUNITIES NEWSLETTER PUBLISHED PURSU-
ANT TO SECTION ONE HUNDRED FORTY-TWO OF THE  ECONOMIC  DEVELOPMENT  LAW.
THE INVITATION TO BID OR REQUEST FOR PROPOSALS SHALL CONTAIN SUCH INFOR-
MATION AS THE LETTING AGENCY SHALL DEEM APPROPRIATE.
  B.  THE  LETTING  AGENCY  SHALL  NOT  AWARD  ANY CONTRACT AFTER PUBLIC
BIDDING EXCEPT TO THE LOWEST BIDDER WHO IN ITS OPINION IS  QUALIFIED  TO
PERFORM  THE  WORK REQUIRED AND IS RESPONSIBLE AND RELIABLE. THE LETTING
AGENCY MAY, HOWEVER, REJECT ANY OR ALL BIDS, AGAIN ADVERTISE  FOR  BIDS,
OR  WAIVE ANY INFORMALITY IN A BID IF IT BELIEVES THAT THE PUBLIC INTER-
EST WILL BE PROMOTED THEREBY.
  C. THE INVITATION TO BID,  REQUEST  FOR  PROPOSALS  AND  THE  CONTRACT
AWARDED  SHALL  CONTAIN  SUCH  OTHER  TERMS  AND  CONDITIONS,  AND  SUCH
PROVISIONS FOR PENALTIES, AS THE LETTING AGENCY MAY DEEM DESIRABLE.
  D. ANY CONTRACT AWARDED PURSUANT TO THIS SUBDIVISION SHALL  CONTAIN  A
CLAUSE  THAT THE CONTRACT SHALL BE DEEMED EXECUTORY TO THE EXTENT OF THE
MONEYS AVAILABLE AND THAT NO LIABILITY SHALL BE  INCURRED  BY  THE  FUND
BEYOND THE MONEYS AVAILABLE THEREFOR.
  E.  THE LETTING AGENCY SHALL REQUIRE SUCH DEPOSITS, BONDS AND SECURITY
IN CONNECTION WITH THE SUBMISSION OF BIDS OR REQUEST FOR PROPOSALS,  THE
AWARD  OF CONTRACTS AND THE PERFORMANCE OF WORK AS IT SHALL DETERMINE TO
BE IN THE PUBLIC INTEREST AND FOR THE PROTECTION OF THE STATE, THE STATE
UNIVERSITY, THE FUND AND THE LETTING AGENCY.
  F. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW  TO  THE  CONTRARY,
ALL   CONTRACTS   FOR  PUBLIC  WORK  AWARDED  BY  THE  STATE  UNIVERSITY

S. 4863                             5                            A. 7841

CONSTRUCTION FUND PURSUANT TO THIS SUBDIVISION SHALL  BE  IN  ACCORDANCE
WITH SECTION ONE HUNDRED THIRTY-NINE-F OF THE STATE FINANCE LAW.
  S 8. On January first of each year, the president of the State Univer-
sity  of  New York at Stony Brook shall submit a report to the governor,
the temporary president of the senate, and the speaker of the  assembly.
Specifically,  the report shall address each of the following: the State
University of New York at Stony Brook's progress in competing  with  the
top  academic  research institutions; the impact of the State University
of New York at Stony Brook's efforts to increase the well-being of  Long
Island's  economy  including the University's efforts to develop new and
innovative purchasing  and  contracting  modalities  including  but  not
limited to project labor agreements; and the impact of revenue increases
and  efforts to ensure affordable access to the exceptional education to
economically challenged students.
  S 9. This act shall take effect immediately.

                                 PART B

  Section 1. Paragraph a of subdivision 2 of section 355 of  the  educa-
tion  law,  as amended by chapter 552 of the laws of 1985, is amended to
read as follows:
  a. To take, hold and administer on behalf of the state  university  or
any  institution  therein,  real  and  personal property or any interest
therein and the income thereof either absolutely or  in  trust  for  any
educational  or  other  purpose  within  the  jurisdiction and corporate
purposes of the state university, AND,  WITH  RESPECT  TO  ANY  PROPERTY
UTILIZED  BY OR COMPRISING ANY PART OF THE CAMPUSES OF THE STATE UNIVER-
SITY OF NEW YORK AT STONY BROOK, TO DISPOSE OF  SUCH  PROPERTY  IN  SUCH
MANNER  AND  UPON SUCH TERMS AS ITS TRUSTEES SHALL DETERMINE.  THE TRUS-
TEES SHALL ALLOW AND REGULATE THE USE OF SUCH PROPERTY  FOR  OTHER  THAN
THE  CORPORATE  PURPOSES  OF  THE  STATE UNIVERSITY OF NEW YORK AT STONY
BROOK, BY PERMIT, LEASE, LICENSE OR OTHER AGREEMENT, FOR PERIODS NOT  TO
EXCEED  TEN YEARS, AND PRESCRIBE THE FEES, IF ANY, THAT PERSONS, ASSOCI-
ATIONS AND CORPORATIONS ALLOWED THE USE OF SUCH PROPERTY SHALL PAY.  The
trustees  may  acquire property for such purposes by purchase, appropri-
ation or lease and by the acceptance  of  gifts,  grants,  bequests  and
devises, and, within appropriations made therefor, may equip and furnish
buildings  and otherwise improve property owned, used or occupied by the
state university or any institution therein.  THE TRUSTEES  MAY  ACQUIRE
PROPERTY  FOR  OR ON BEHALF OF THE STATE UNIVERSITY OF NEW YORK AT STONY
BROOK BY  THE  ACCEPTANCE  OF  CONDITIONAL  GIFTS,  GRANTS,  DEVISES  OR
BEQUESTS,  THE  PROVISIONS  OF  SECTION  ELEVEN OF THE STATE FINANCE LAW
NOTWITHSTANDING. Where real property is to be acquired  by  purchase  or
appropriation,   such  acquisition  shall  be  in  accordance  with  the
provisions of section three hundred seven of this  chapter  except  that
the  powers  and duties in said section mentioned to be performed by the
commissioner [of education] shall be performed by the  state  university
trustees.   THE PROVISIONS OF SECTIONS THREE, THIRTY-A, AND THIRTY-THREE
OF THE PUBLIC LANDS LAW NOTWITHSTANDING, THE TRUSTEES  MAY  PROVIDE  FOR
THE  SALE,  LEASE,  TRANSFER  OR CONVEYANCE OF STATE-OWNED REAL PROPERTY
UNDER THE JURISDICTION OF THE STATE UNIVERSITY COMPRISING  ANY  PART  OF
THE  CAMPUSES OF THE STATE UNIVERSITY OF NEW YORK AT STONY BROOK IN SUCH
MANNER AND UPON SUCH TERMS AS THE TRUSTEES SHALL DETERMINE. THE  FOREGO-
ING NOTWITHSTANDING, THE TRUSTEES MAY PROVIDE FOR THE LEASE OF SUCH REAL
PROPERTY  FOR PERIODS NOT TO EXCEED FIFTY YEARS IN SUPPORT OF THE EDUCA-
TIONAL AND OTHER CORPORATE PURPOSES OF THE STATE UNIVERSITY OF NEW  YORK

S. 4863                             6                            A. 7841

AT  STONY  BROOK,  UNLESS  THE  SUBJECT  PROJECT IS IN CONFLICT WITH THE
MISSION OF THE STATE UNIVERSITY OF NEW YORK AT  STONY  BROOK,  INCLUDING
BUT NOT LIMITED TO THE DEVELOPMENT AND OPERATION OF RESEARCH, INCUBATOR,
COMMUNITY, HEALTH CARE, RETAIL, FOOD SERVICE, TELECOMMUNICATION, STUDENT
AND  FACULTY HOUSING, ENERGY, GOVERNMENTAL, SENIOR COMMUNITY, CONFERENCE
CENTER AND RECREATIONAL FACILITIES, AND FOR THE  PURPOSE  OF  MAXIMIZING
THE  USE  OF  NATURAL RESOURCES; PROVIDED, HOWEVER, THE PRESIDENT OF THE
STATE UNIVERSITY OF NEW YORK AT STONY BROOK SHALL PROVIDE NOTICE OF  ANY
SUCH  LEASE TO THE CHAIRS OF THE SENATE FINANCE COMMITTEE AND THE ASSEM-
BLY WAYS AND MEANS COMMITTEE AND TO THE DIRECTOR OF THE BUDGET AT  LEAST
THIRTY DAYS PRIOR TO EXECUTING SUCH LEASE. THE PROVISIONS OF SECTION ONE
HUNDRED  SIXTY-SEVEN OF THE STATE FINANCE LAW NOTWITHSTANDING, THE TRUS-
TEES MAY PROVIDE FOR THE SALE, LEASE, TRANSFER OR CONVEYANCE OF PERSONAL
PROPERTY UNDER THE CUSTODY AND CONTROL OF THE STATE  UNIVERSITY  OF  NEW
YORK  AT  STONY BROOK IN SUCH MANNER AND UPON SUCH TERMS AS THE TRUSTEES
SHALL DETERMINE. THE PROVISIONS OF SECTION TWENTY-THREE  OF  THE  PUBLIC
LANDS  LAW  AND SECTION ONE HUNDRED SIXTY-SEVEN OF THE STATE FINANCE LAW
NOTWITHSTANDING, THE PROCEEDS FROM THE SALE, LEASE, TRANSFER OR  CONVEY-
ANCE OF STATE-OWNED REAL PROPERTY COMPRISING ANY PART OF THE CAMPUSES OF
THE  STATE UNIVERSITY OF NEW YORK AT STONY BROOK OR OF PERSONAL PROPERTY
UNDER THE CUSTODY AND CONTROL OF THE STATE UNIVERSITY  OF  NEW  YORK  AT
STONY  BROOK  SHALL  BE  RETAINED BY THE STATE UNIVERSITY OF NEW YORK AT
STONY BROOK AND SHALL BE USED BY THE STATE UNIVERSITY  OF  NEW  YORK  AT
STONY  BROOK  FOR  EXPENSES OF THE STATE UNIVERSITY OF NEW YORK AT STONY
BROOK.
  S 2. Paragraph s of subdivision 2 of section 355 of the education law,
as amended by chapter 552 of the laws of 1985, is  amended  to  read  as
follows:
  s.  To  lease  or  make available to the state university construction
fund, the dormitory authority or other public benefit  corporation,  the
New  York  state  teachers'  retirement  system [or], the New York state
employees' retirement system OR, IN THE CASE OF STATE-OWNED REAL PROPER-
TY COMPRISING ANY PART OF THE CAMPUSES OF THE STATE  UNIVERSITY  OF  NEW
YORK  AT STONY BROOK, ANY OTHER PUBLIC OR PRIVATE FOR-PROFIT OR NON-PRO-
FIT ENTITY, INCLUDING, BUT NOT LIMITED TO, A  LOCAL  DEVELOPMENT  CORPO-
RATION   ORGANIZED   UNDER   SECTION  FOURTEEN  HUNDRED  ELEVEN  OF  THE
NOT-FOR-PROFIT CORPORATION  LAW  OR  AN  INDUSTRIAL  DEVELOPMENT  AGENCY
ORGANIZED  UNDER  ARTICLE  EIGHTEEN-A  OF  THE  GENERAL MUNICIPAL LAW, a
portion of the grounds or real property  occupied  by  a  state-operated
institution  or  statutory  or  contract  college  for the construction,
acquisition, reconstruction, rehabilitation or improvement  of  academic
buildings,  dormitories  or other facilities thereon pursuant to article
eight-A of this  chapter  and  for  the  purpose  of  facilitating  such
construction,  acquisition,  reconstruction,  rehabilitation or improve-
ment, to enter into leases and  agreements  for  the  use  of  any  such
academic  building,  dormitory  or other facility in accordance with the
provisions of section  three  hundred  seventy-eight  of  this  chapter;
provided,  however,  that  nothing  herein  contained  shall  affect the
provisions of any lease or agreement heretofore executed  by  the  state
university  with  the dormitory authority. The state university trustees
may also enter into agreements with the  state  university  construction
fund,  the  dormitory authority or other public benefit corporation, the
New York state teachers' retirement system  [or],  the  New  York  state
employees'  retirement system AND, IN THE CASE OF STATE-OWNED REAL PROP-
ERTY COMPRISING ANY PART OF THE CAMPUSES OF THE STATE UNIVERSITY OF  NEW
YORK  AT  STONY  BROOK,  WITH  ANY OTHER PUBLIC OR PRIVATE FOR-PROFIT OR

S. 4863                             7                            A. 7841

NON-PROFIT ENTITY, INCLUDING, BUT NOT LIMITED  TO  A  LOCAL  DEVELOPMENT
CORPORATION  ORGANIZED UNDER SECTION FOURTEEN HUNDRED ELEVEN OF THE NOT-
FOR-PROFIT CORPORATION LAW OR AN INDUSTRIAL DEVELOPMENT AGENCY ORGANIZED
UNDER  ARTICLE  EIGHTEEN-A OF THE GENERAL MUNICIPAL LAW, to furnish heat
from a central heating plant to  any  academic  building,  dormitory  or
other facility erected by them or with moneys supplied by them. Any such
academic  building,  dormitory or other facility shall not be subject to
taxation for any purpose.
  S 3. Subdivision 2 of section 355 of the education law is  amended  by
adding a new paragraph y to read as follows:
  Y.  IN  CONNECTION  WITH PUBLIC-PRIVATE PARTNERSHIPS IN SUPPORT OF THE
CORPORATE PURPOSES OF THE STATE UNIVERSITY OF NEW YORK AT  STONY  BROOK,
INCLUDING, WITHOUT LIMITATION, THE STATE UNIVERSITY OF NEW YORK AT STONY
BROOK'S INITIATIVE, TO PARTICIPATE IN JOINT AND COOPERATIVE ARRANGEMENTS
WITH PUBLIC, NON-PROFIT AND BUSINESS ENTITIES AS PARTNERS, JOINT VENTUR-
ERS,  MEMBERS  OF  NON-PROFIT CORPORATIONS, MEMBERS OF LIMITED LIABILITY
COMPANIES AND SHAREHOLDERS OF BUSINESS CORPORATIONS. THE STATE UNIVERSI-
TY'S PARTICIPATION ON BEHALF OF THE STATE  UNIVERSITY  OF  NEW  YORK  AT
STONY  BROOK SHALL BE SUBJECT TO GUIDELINES OF THE STATE UNIVERSITY WITH
RESPECT TO CONFLICTS OF INTEREST AND TO ARTICLE FOURTEEN  OF  THE  CIVIL
SERVICE  LAW  AND  THE  APPLICABLE  PROVISIONS OF AGREEMENTS BETWEEN THE
STATE AND EMPLOYEE ORGANIZATIONS PURSUANT TO  ARTICLE  FOURTEEN  OF  THE
CIVIL SERVICE LAW. NOTWITHSTANDING ANY INCONSISTENT PROVISION IN SECTION
EIGHT  OF THE COURT OF CLAIMS ACT, THE STATE UNIVERSITY MAY INCLUDE IN A
CONTRACT RELATING TO SUCH PARTICIPATION,  OTHER  THAN  A  CONTRACT  WITH
STATE  EMPLOYEES RELATING TO TERMS AND CONDITIONS OF THEIR EMPLOYMENT, A
PROVISION THAT SOME OR ALL DISPUTES ARISING UNDER  OR  RELATED  TO  SUCH
CONTRACT SHALL BE RESOLVED BY BINDING ARBITRATION IN ACCORDANCE WITH THE
RULES   OF  A  NATIONALLY-RECOGNIZED  ARBITRATION  ASSOCIATION.  NOTHING
CONTAINED IN THE PUBLIC OFFICERS LAW OR IN ANY OTHER LAW, RULE OR  REGU-
LATION,  SHALL  BE  CONSTRUED OR APPLIED TO PROHIBIT STATE UNIVERSITY OF
NEW YORK AT STONY BROOK OFFICERS AND EMPLOYEES FROM ENGAGING  IN  ACTIV-
ITIES  FOR  WHICH  NO  COMPENSATION  IS  PAID  AS DESIGNEES OF THE STATE
UNIVERSITY OF NEW YORK AT STONY BROOK IN CONNECTION WITH SUCH JOINT  AND
COOPERATIVE  ARRANGEMENTS,  INCLUDING  SERVING AS DESIGNEES OF THE STATE
UNIVERSITY AS MEMBERS, SHAREHOLDERS OR AS DIRECTORS ON BOARDS  OR  OTHER
GOVERNING BODIES OF CORPORATIONS OR OTHER ENTITIES.  CONFIDENTIAL INFOR-
MATION  GAINED  BY  STATE UNIVERSITY OF NEW YORK AT STONY BROOK OFFICERS
AND EMPLOYEES WHILE SERVING AS DESIGNEES OF THE STATE UNIVERSITY OF  NEW
YORK  AT  STONY BROOK AS MEMBERS, SHAREHOLDERS OR AS DIRECTORS ON BOARDS
OR  OTHER  GOVERNING  BODIES  OF  CORPORATIONS  OR  OTHER  ENTITIES   IN
CONNECTION  WITH  SUCH  JOINT UNDERTAKINGS AND ARRANGEMENTS SHALL NOT BE
CONSIDERED A "RECORD" AS DEFINED IN SUBDIVISION FOUR OF SECTION  EIGHTY-
SIX OF THE PUBLIC OFFICERS LAW.
  S 4. This act shall take effect immediately.

                                 PART C

  Section  1.  Subdivisions 5 and 6 of section 355 of the education law,
subdivision 5 as added by chapter 552 of the laws of 1985,  paragraph  a
of  subdivision  5  as amended by chapter 682 of the laws of 2007, para-
graph c of subdivision 5 as added by chapter 103 of the  laws  of  1989,
paragraph d of subdivision 5 as added by chapter 537 of the laws of 1997
and  subdivision  6  as  amended by chapter 554 of the laws of 1985, are
amended to read as follows:

S. 4863                             8                            A. 7841

  5. Notwithstanding the provisions of [paragraph]  SUBDIVISION  two  of
section one hundred twelve and sections one hundred fifteen, one hundred
sixty-one[,]  AND one hundred sixty-three [and one hundred seventy-four]
of the state finance law and sections three and  six  of  the  New  York
state  printing and public documents law or any other law to the contra-
ry, the state university trustees are authorized and empowered to:
  a. (i) purchase materials, equipment and supplies, including  computer
equipment  and  motor  vehicles[, where the amount for a single purchase
does not exceed twenty thousand dollars],  (ii)  execute  contracts  for
services,  PERMITS, LICENSES, LEASES, CONTRACTS FOR THE PURCHASE OR SALE
OF REAL PROPERTY, and construction contracts [to an amount not exceeding
twenty thousand dollars], and (iii) contract for printing [to an  amount
not  exceeding  five  thousand  dollars],  without prior approval by any
other state officer or agency[, but subject to rules and regulations  of
the  state comptroller not otherwise inconsistent with the provisions of
this section and] in accordance with [the] GUIDELINES,  rules  [and]  OR
regulations promulgated by the state university board of trustees [after
consultation  with  the  state  comptroller.  In addition, the trustees,
after consultation  with  the  commissioner  of  general  services,  are
authorized to annually negotiate with the state comptroller increases in
the  aforementioned  dollar  limits  and  the exemption of any articles,
categories of articles or commodities from  these  limits.  Rules  and].
GUIDELINES,  RULES,  OR  regulations promulgated by the state university
board of trustees shall, to the extent practicable, require that compet-
itive proposals be solicited for purchases, and shall  include  require-
ments  that  purchases and contracts authorized under this section be at
the lowest available price, including consideration of prices  available
through  other state agencies, consistent with quality requirements, and
as will best promote the public interest. Such  purchases  may  be  made
directly  from  any  contractor pursuant to any contract for commodities
let by the office of general services or any other state agency;
  b. to establish cash advance accounts for the  purpose  of  purchasing
materials,  supplies, or services, for cash advances for travel expenses
and per diem allowances, or for advance payment of wages and salary. The
account may be used to purchase such materials,  supplies,  or  services
where  the amount of a single purchase does not exceed two hundred fifty
dollars, in accordance with such guidelines as shall  be  prescribed  by
the  state  university trustees [after consultation with the state comp-
troller].
  c. establish guidelines  in  consultation  with  the  commissioner  of
general  services  authorizing  participation by the state university in
programs administered by the office of general services for the purchase
of available New York state food products. The commissioner  of  general
services  shall  provide assistance to the state university necessary to
enable the university to participate in these programs.
  [d. (1) Award contract extensions for  campus  transportation  without
competitive  bidding  where  such  contracts were secured either through
competitive bidding or through evaluation of proposals in response to  a
request  for  proposals  pursuant to subparagraph (2) of this paragraph,
however such extensions may be rejected if the amount to be paid to  the
contractor  in  any year of such proposed extension fails to reflect any
decrease in the regional consumer price index  for  the  New  York,  New
York-Northeastern,  New  Jersey area, based upon the index for all urban
consumers (CPI-U) during the preceding twelve-month period. At the  time
of  any  contract extension, consideration shall be given to any compet-
itive proposal offered by a public transportation agency. Such  contract

S. 4863                             9                            A. 7841

may  be  increased  for each year of the contract extension by an amount
not to exceed the regional consumer price index  increase  for  the  New
York,  New  York-Northeastern, New Jersey area, based upon the index for
all  urban  consumers (CPI-U), during the preceding twelve-month period,
provided it has been satisfactorily established by the  contractor  that
there has been at least an equivalent increase in the amount of his cost
of operation, during the period of the contract.]
  6.  To enter into any contract or agreement deemed necessary or advis-
able after consultation with appropriate state agencies for carrying out
the objects and purposes of state university  without  prior  review  or
approval  by  any  state  officer  or agency [other than the state comp-
troller and the attorney general] including ENERGY PERFORMANCE CONTRACTS
(AS DEFINED IN SECTION 9-102 OF THE ENERGY LAW), contracts OR AGREEMENTS
with non-profit corporations organized by officers, employees, alumni or
students of state university for the  furtherance  of  its  objects  and
purposes,  AND, IN THE CASE OF THE STATE UNIVERSITY OF NEW YORK AT STONY
BROOK, CONTRACTS OR AGREEMENTS WITH ANY CAMPUS-RELATED FOUNDATION, ALUM-
NI ASSOCIATION OR AFFILIATE THEREOF, ANY NON-PROFIT CORPORATION OR ASSO-
CIATION ORGANIZED BY THE PRESIDENT OF THE STATE UNIVERSITY OF  NEW  YORK
AT STONY BROOK TO FURTHER ITS PURPOSES OR ANY LIMITED LIABILITY COMPANY,
WHOSE  SOLE  MEMBER IS ANY OF THE FOREGOING ENTITIES FOR THE FURTHERANCE
OF THE OBJECTS AND PURPOSES OF THE STATE UNIVERSITY OF NEW YORK AT STONY
BROOK, INCLUDING, WITHOUT LIMITATION, THE STATE UNIVERSITY OF  NEW  YORK
AT  STONY BROOK'S INITIATIVE.  Contracts or agreements entered into with
the federal government to enable participation in federal  student  loan
programs,  including  any and all instruments required thereunder, shall
not be subject to the requirements of section  forty-one  of  the  state
finance  law;  provided, however, that the state shall not be liable for
any portion of any defaults which it has agreed to  assume  pursuant  to
any  such  agreement  in  an  amount  in excess of money appropriated or
otherwise lawfully available therefor at  the  time  the  liability  for
payment arises.
  S  2. Subdivisions 2 and 3 of section 112 of the state finance law, as
amended by chapter 319 of the laws of 1992, paragraph (a) of subdivision
2 as amended by section 2 of part D of chapter 56 of the laws  of  2006,
are amended to read as follows:
  2.  (a)  Before  any contract made for or by any state agency, depart-
ment, board, officer, commission, or institution, except the  office  of
general services AND THE STATE UNIVERSITY OF NEW YORK, shall be executed
or  become  effective,  whenever  such  contract  exceeds fifty thousand
dollars in amount and before any contract made for or by the  office  of
general  services  shall  be executed or become effective, whenever such
contract exceeds eighty-five thousand dollars in amount, it shall  first
be approved by the comptroller and filed in his or her office, provided,
however,  that  the comptroller shall make a final written determination
with respect to approval of such contract  within  ninety  days  of  the
submission  of such contract to his or her office unless the comptroller
shall notify, in writing, the state agency, department, board,  officer,
commission,  or  institution,  prior to the expiration of the ninety day
period, and for good cause, of the need for an  extension  of  not  more
than  fifteen  days,  or  a  reasonable period of time agreed to by such
state agency, department, board, officer, commission, or institution and
provided, further, that such written determination or extension shall be
made part of the procurement record pursuant to paragraph f of  subdivi-
sion one of section one hundred sixty-three of this chapter.

S. 4863                            10                            A. 7841

  (b)  Whenever  any liability of any nature shall be incurred by or for
any state department, board, officer, commission, or  institution  OTHER
THAN  THE  STATE  UNIVERSITY OF NEW YORK, notice that such liability has
been incurred shall be immediately given in writing to the  state  comp-
troller.
  3.  A  contract  or  other  instrument wherein the state or any of its
officers, agencies, boards or commissions OTHER THAN THE STATE UNIVERSI-
TY OF NEW YORK agrees to give a consideration other than the payment  of
money,  when  the  value or reasonably estimated value of such consider-
ation exceeds ten thousand dollars, shall not become a valid enforceable
contract unless  such  contract  or  other  instrument  shall  first  be
approved by the comptroller and filed in his office.
  S  3.  Paragraph  a  of  subdivision  1  of section 139-j of the state
finance law, as added by chapter 1 of the laws of 2005,  is  amended  to
read as follows:
  a.  "Governmental  entity"  shall  mean:  (1)  any  department, board,
bureau, commission, division, office, council, committee or  officer  of
the  state, whether permanent or temporary, OTHER THAN THE STATE UNIVER-
SITY OF NEW YORK; (2) each house  of  the  state  legislature;  (3)  the
unified  court  system;  (4) any public authority, public benefit corpo-
ration or commission created by  or  existing  pursuant  to  the  public
authorities law; (5) any public authority or public benefit corporation,
at least one of whose members is appointed by the governor or who serves
as  a  member  by  virtue  of holding a civil office of the state; (6) a
municipal agency, as that term is defined in paragraph (ii) of  subdivi-
sion (s) of section one-c of the legislative law; or (7) a subsidiary or
affiliate of such a public authority.
  S  4.  Paragraph  a  of  subdivision  1  of section 139-k of the state
finance law, as added by chapter 1 of the laws of 2005,  is  amended  to
read as follows:
  a.  "Governmental  entity"  shall  mean:  (1)  any  department, board,
bureau, commission, division, office, council, committee or  officer  of
the  state, whether permanent or temporary, OTHER THAN THE STATE UNIVER-
SITY OF NEW YORK; (2) each house  of  the  state  legislature;  (3)  the
unified  court  system;  (4) any public authority, public benefit corpo-
ration or commission created by  or  existing  pursuant  to  the  public
authorities  law;  (5) a public authority or public benefit corporation,
at least one of whose members is appointed by the governor or who serves
as a member by virtue of holding a civil office of the state; (6) munic-
ipal agency, as that term is defined in paragraph  (ii)  of  subdivision
(s)  of  section  one-c  of  the legislative law; or (7) a subsidiary or
affiliate of such a public authority.
  S 5. Subparagraph (iv) of paragraph a of subdivision 3 of section  163
of the state finance law, as amended by chapter 430 of the laws of 1997,
is amended to read as follows:
  (iv)  The  commissioner  is  authorized to permit any officer, body or
agency of the state or of a political subdivision or a district therein,
or fire company or volunteer ambulance service as such  are  defined  in
section  one  hundred of the general municipal law, to make purchases of
commodities  through  the  office  of  general   services'   centralized
contracts, pursuant to the provisions of section one hundred four of the
general  municipal  law.  The  commissioner  is authorized to permit any
county extension service association  as  authorized  under  subdivision
eight of section two hundred twenty-four of the county law, or any asso-
ciation  or  other entity as specified in and in accordance with section
one hundred nine-a of the  general  municipal  law,  OR  ANY  NON-PROFIT

S. 4863                            11                            A. 7841

CORPORATION  ORGANIZED IN FURTHERANCE OF THE OBJECTS AND PURPOSES OF THE
STATE UNIVERSITY OF NEW YORK, or any  other  association  or  entity  as
specified  in  state  law,  to make purchases of commodities through the
office  of  general  services' centralized contracts; provided, however,
that such entity so empowered shall accept sole responsibility  for  any
payment  due with respect to such purchase; AND PROVIDED FURTHER, HOWEV-
ER, THAT COMMODITIES SO PURCHASED BY A NON-PROFIT CORPORATION  ORGANIZED
IN  FURTHERANCE  OF  THE OBJECTS AND PURPOSES OF THE STATE UNIVERSITY OF
NEW YORK SHALL NOT BE USED DIRECTLY OR INDIRECTLY BY A FOR-PROFIT CORPO-
RATION OR OTHER FOR-PROFIT ENTITY WHICH CONTRACTS  WITH  THE  NON-PROFIT
CORPORATION,  NOR SHALL SUCH COMMODITIES SO PURCHASED BY SUCH NON-PROFIT
CORPORATION BE OFFERED FOR RESALE.
  S 6. Paragraph e of subdivision 4 of section 163 of the state  finance
law, as amended by chapter 95 of the laws of 2000, is amended to read as
follows:
  e.  [Any officer, body or agency of a political subdivision as defined
in section one hundred of the general municipal law or a district there-
in, may make  purchases  of  services  through  the  office  of  general
services'  centralized contracts for services, subject to the provisions
of section one hundred four of the general municipal law.   The  commis-
sioner  may  permit  and  prescribe  the  conditions for the purchase of
services through the office of general services'  centralized  contracts
for  services  by  any public authority or public benefit corporation of
the state including the port authority of New York and New  Jersey.  The
commissioner  is  authorized  to  permit any public library, association
library, library  system,  cooperative  library  system,  the  New  York
Library  Association,  and  the  New  York  State Association of Library
Boards or any other library except  those  which  are  operated  by  for
profit  entities,  to  make  purchases of services through the office of
general services' centralized contracts; provided,  however,  that  such
entity so empowered shall accept sole responsibility for any payment due
with  respect  to such purchase.] ANY OFFICER, BODY OR AGENCY OF A POLI-
TICAL SUBDIVISION AS DEFINED IN  SECTION  ONE  HUNDRED  OF  THE  GENERAL
MUNICIPAL  LAW  OR  A  DISTRICT  THEREIN  AND ANY NON-PROFIT CORPORATION
ORGANIZED IN FURTHERANCE OF  THE  OBJECTS  AND  PURPOSES  OF  THE  STATE
UNIVERSITY  OF  NEW  YORK,  MAY  MAKE  PURCHASES OF SERVICES THROUGH THE
OFFICE OF GENERAL SERVICES' CENTRALIZED CONTRACTS FOR SERVICES, SUBJECT,
IN THE CASE OF SUCH POLITICAL SUBDIVISIONS, TO THE PROVISIONS OF SECTION
ONE HUNDRED FOUR OF THE GENERAL MUNICIPAL LAW; PROVIDED,  HOWEVER,  THAT
IN  THE  CASE  OF ANY NON-PROFIT CORPORATION ORGANIZED IN FURTHERANCE OF
THE OBJECTS AND PURPOSES OF THE STATE UNIVERSITY OF NEW YORK,  IT  SHALL
ACCEPT  SOLE  RESPONSIBILITY  FOR  ANY  PAYMENT DUE WITH RESPECT TO SUCH
PURCHASE AND PROVIDED, FURTHER THAT SERVICES SO PURCHASED  BY  ANY  SUCH
NON-PROFIT  CORPORATION  SHALL  NOT  BE USED DIRECTLY OR INDIRECTLY BY A
FOR-PROFIT CORPORATION OR OTHER FOR-PROFIT ENTITY WHICH  CONTRACTS  WITH
THE  NON-PROFIT  ORGANIZATION. THE COMMISSIONER MAY PERMIT AND PRESCRIBE
THE CONDITIONS FOR THE PURCHASE OF SERVICES THROUGH THE OFFICE OF GENER-
AL SERVICES' CENTRALIZED CONTRACTS FOR SERVICES BY ANY PUBLIC  AUTHORITY
OR  PUBLIC BENEFIT CORPORATION OF THE STATE INCLUDING THE PORT AUTHORITY
OF NEW YORK AND NEW JERSEY, OR ANY NON-PROFIT CORPORATION  ORGANIZED  IN
FURTHERANCE  OF  THE OBJECTS AND PURPOSES OF THE STATE UNIVERSITY OF NEW
YORK. THE COMMISSIONER IS AUTHORIZED TO PERMIT ANY PUBLIC LIBRARY, ASSO-
CIATION LIBRARY, LIBRARY SYSTEM, COOPERATIVE  LIBRARY  SYSTEM,  THE  NEW
YORK  LIBRARY ASSOCIATION, AND THE NEW YORK STATE ASSOCIATION OF LIBRARY
BOARDS OR ANY OTHER LIBRARY EXCEPT THOSE WHICH ARE OPERATED BY  FOR-PRO-
FIT ENTITIES, TO MAKE PURCHASES OF SERVICES THROUGH THE OFFICE OF GENER-

S. 4863                            12                            A. 7841

AL  SERVICES' CENTRALIZED CONTRACTS; PROVIDED, HOWEVER, THAT SUCH ENTITY
SO EMPOWERED SHALL ACCEPT SOLE RESPONSIBILITY FOR ANY PAYMENT  DUE  WITH
RESPECT TO SUCH PURCHASE.
  S  7. Paragraph g of subdivision 4 of section 163 of the state finance
law, as added by chapter 10 of the laws of 2006, is amended to  read  as
follows:
  g.  All  state  agencies shall require all contractors, including sub-
contractors, that provide services for  state  purposes  pursuant  to  a
contract,  to  submit  an annual employment report for each contract for
services that includes for each employment category within the  contract
the number of employees employed to provide services under the contract,
the  number  of  hours  they work and their total compensation under the
contract. Employment reports shall  be  submitted  to  the  agency  that
awarded the contract, the department of civil service and the department
of  audit  and  control and shall be available for public inspection and
copying pursuant to section eighty-seven  of  the  public  officers  law
provided that in disclosing such reports pursuant to the public officers
law,  the  agency  making the disclosure shall redact the name or social
security number of any individual employee  that  is  included  in  such
document.  THE  PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO CONTRAC-
TORS, INCLUDING SUBCONTRACTORS, THAT PROVIDE SERVICES TO OR ON BEHALF OF
THE STATE UNIVERSITY OF NEW YORK.
  S 8. Paragraph b of subdivision 10 of section 163 of the state finance
law is amended by adding a new subparagraph (iii) to read as follows:
  (III) THE PROVISIONS OF SUBPARAGRAPHS (I) AND (II) OF  THIS  PARAGRAPH
SHALL  NOT  APPLY  TO SINGLE OR SOLE SOURCE PROCUREMENTS FOR SERVICES OR
COMMODITIES BY THE STATE UNIVERSITY OF NEW YORK, WHICH  SINGLE  OR  SOLE
SOURCE  PROCUREMENTS  SHALL  BE  MADE  IN ACCORDANCE WITH SUCH RULES AND
GUIDELINES AS MAY BE PROMULGATED BY THE TRUSTEES OF THE STATE UNIVERSITY
OF NEW YORK.
  S 9. Paragraph (e) of subdivision 1 of section 5-a of the tax law,  as
amended  by  section  1  of part L of chapter 62 of the laws of 2006, is
amended to read as follows:
  (e) "Covered agency" means a "state agency" for  purposes  of  article
eleven  of  the  state finance law, the legislature, the judiciary, or a
public authority or public benefit corporation at  least  one  of  whose
members  is  appointed by the governor; PROVIDED, HOWEVER, THAT THE TERM
"COVERED AGENCY" SHALL NOT INCLUDE THE STATE UNIVERSITY OF NEW YORK.
  S 10. This act shall take effect immediately; provided, however,  that
the amendments to section 139-j of the state finance law made by section
three  of this act, the amendments to section 139-k of the state finance
law made by section four of this act, and the amendments to section  163
of  the state finance law made by sections five, six, seven and eight of
this act shall not affect the repeal of such sections and  shall  expire
and be deemed repealed therewith.

                                 PART D

  Section  1.  Subdivision  8  of  section  355 of the education law, as
amended by chapter 553 of the laws  of  1985,  is  amended  to  read  as
follows:
  8.  All  moneys  received  by  the state university of New York and by
state-operated institutions thereof from appropriations, tuition,  fees,
user charges, sales of products and services and from all other sources,
including  sources  and  activities  of  the  state university which are
intended by law to be self-supporting may be credited to an  appropriate

S. 4863                            13                            A. 7841

fund  or funds to be designated by the state comptroller. The amounts so
paid into such fund or funds which were received by  or  for  the  state
university  shall be used for expenses of the state university in carry-
ing  out any of its objects and purposes and such amounts received by or
for state-operated institutions of the state university  shall  be  used
for expenses of the state university under regulations prescribed by the
state  university  trustees.   NOTWITHSTANDING THE FOREGOING, ALL MONEYS
RECEIVED BY THE STATE  UNIVERSITY  OF  NEW  YORK  AT  STONY  BROOK  FROM
TUITION,  FEES,  USER  CHARGES,  SALES OF PRODUCTS AND SERVICES, SAVINGS
UNDER ENERGY PERFORMANCE CONTRACTS AND FROM SOURCES  AND  ACTIVITIES  OF
THE  STATE  UNIVERSITY  OF NEW YORK AT STONY BROOK WHICH ARE INTENDED BY
LAW TO BE SELF-SUPPORTING MAY BE CREDITED  TO  AN  APPROPRIATE  FUND  OR
FUNDS  HELD  BY  THE  STATE  UNIVERSITY  OF NEW YORK AT STONY BROOK. THE
AMOUNTS SO PAID INTO SUCH FUND OR FUNDS WHICH WERE RECEIVED  BY  OR  FOR
THE  STATE  UNIVERSITY  OF  NEW  YORK  AT  STONY BROOK SHALL BE USED FOR
EXPENSES OF THE STATE UNIVERSITY OF NEW YORK AT STONY BROOK IN  CARRYING
OUT  ANY OF ITS OBJECTS AND PURPOSES, INCLUDING, THE STATE UNIVERSITY OF
NEW YORK AT STONY BROOK'S INITIATIVE.
  S 2. Section 4 of the state finance law is amended  by  adding  a  new
subdivision 11 to read as follows:
  11.  NOTWITHSTANDING  SUBDIVISION  ONE OF THIS SECTION, MONEYS HELD BY
THE STATE UNIVERSITY OF NEW YORK DERIVED FROM TUITION, FEES, USER CHARG-
ES, SALES OF PRODUCTS AND SERVICES,  SAVINGS  UNDER  ENERGY  PERFORMANCE
CONTRACTS AND SOURCES AND ACTIVITIES OF THE STATE UNIVERSITY OF NEW YORK
AT  STONY  BROOK  THAT  ARE INTENDED TO BE SELF-SUPPORTING SHALL BE PAID
WITHOUT AN APPROPRIATION.
  S 3. Subdivision 2 of section 121 of the state finance law, as amended
by chapter 293 of the laws of 1992, is amended to read as follows:
  2. There are excepted from payment to  the  treasury  as  provided  by
subdivision  one of this section: (i) all moneys to which the provisions
of subdivision four of section four of this chapter  apply  unless  such
moneys  are held in a fund subject to appropriation; (ii) moneys held as
part of the principal of an endowment of the  state  university  of  New
York,  units  thereof and other state agencies; (III) MONEYS RECEIVED BY
THE STATE UNIVERSITY OF NEW YORK DERIVED FROM TUITION, FEES, USER CHARG-
ES, SALES OF PRODUCTS AND SERVICES,  SAVINGS  UNDER  ENERGY  PERFORMANCE
CONTRACTS AND FROM SOURCES AND ACTIVITIES OF THE STATE UNIVERSITY OF NEW
YORK  AT STONY BROOK THAT ARE INTENDED TO BE SELF-SUPPORTING, INCLUDING,
WITHOUT LIMITATION, ANY REVENUE RESULTING FROM TUITION INCREASES AT  THE
STATE  UNIVERSITY  OF  NEW YORK AT STONY BROOK DESCRIBED IN SUBPARAGRAPH
FOUR-A OF PARAGRAPH H  OF  SUBDIVISION  TWO  OF  SECTION  THREE  HUNDRED
FIFTY-FIVE OF THE EDUCATION LAW; and [(iii)] (IV) moneys received pursu-
ant  to  a  clinical  practice  plan established pursuant to subdivision
fourteen of section two hundred six of the public health law.  In  those
cases  where  such  moneys  are held in the custody of the state officer
other than the comptroller, the officer shall file with the comptroller,
at such times as the comptroller shall determine, a detailed  statement,
in  such  form  and  content as the comptroller shall prescribe, for the
period covered by the statement. The  comptroller  shall  from  time  to
time, but not less than once in every three years, examine the books and
accounts  relating to such moneys heretofore or hereinafter established,
including its receipts, disbursements, investments,  and  any  financial
matters.  An  independent  audit of such moneys may be authorized by the
comptroller in lieu of his own examination, which examination  shall  be
undertaken within twelve months of such authorization.
  S 4. This act shall take effect immediately.

S. 4863                            14                            A. 7841

                                 PART E

  Section  1.  Paragraph i of subdivision 2 of section 355 of the educa-
tion law, as amended by chapter 552 of the laws of 1985, is  amended  to
read as follows:
  i.  To  lease  to  alumni  associations  of  institutions of the state
university a portion of the grounds occupied by any institution  of  the
state  university, for the erection thereon of dormitories to be used by
students in attendance at such institutions. The terms of any lease  and
the  character  of the building to be erected shall be determined by the
state university trustees. [Such lease, prior to its execution, shall be
submitted to the attorney general for  his  approval  as  to  its  form,
contents  and  legal  effect.] Nothing contained in this paragraph shall
affect the provisions of any lease heretofore executed  by  a  board  of
visitors  of  any  state-operated institution pursuant to law. The state
university trustees may similarly enter into an agreement with an alumni
association of an institution of the state university  to  furnish  heat
from  a  central  heating  plant to any dormitory erected by such alumni
association. Any such dormitory shall not be subject to taxation for any
purpose.
  S 2. This act shall take effect immediately.
  S 4. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  5.  Nothing  herein  contained shall in any way alter or impair the
rights under article 14 of the civil  service  law  of  all  members  of
certified  bargaining units currently or hereafter employed by the state
university of New York at Stony Brook and all certified employee  organ-
izations  and  negotiating  units  of  such  employees shall continue in
accordance with the provisions of article 14 of the civil service law.
  S 6. This act shall take effect immediately  provided,  however,  that
the  applicable effective date of Parts A through E of this act shall be
as specifically set forth in the last section of such Parts.