S T A T E   O F   N E W   Y O R K
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                                  5537

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            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:

  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.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06738-01-1
              

A. 5537                             2

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 TWELVE ACADEMIC YEAR, THE PRES-
IDENT OF THE STATE UNIVERSITY OF NEW YORK AT STONY BROOK,  IN  CONSULTA-
TION 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,
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.

A. 5537                             3

  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
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

A. 5537                             4

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
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,

A. 5537                             5

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
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

A. 5537                             6

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
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

A. 5537                             7

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:
  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

A. 5537                             8

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
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,

A. 5537                             9

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.
  (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.

A. 5537                            10

  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 amended by chapter 4 of the laws of 2010, 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 amended by chapter 4 of the laws of 2010, 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
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

A. 5537                            11

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-
AL SERVICES' CENTRALIZED CONTRACTS; PROVIDED, HOWEVER, THAT SUCH  ENTITY
SO  EMPOWERED  SHALL ACCEPT SOLE RESPONSIBILITY FOR ANY PAYMENT DUE WITH
RESPECT TO SUCH PURCHASE.

A. 5537                            12

  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
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-

A. 5537                            13

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.

                                 PART E

A. 5537                            14

  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.