senate Bill S7769

2011-2012 Legislative Session

Establishing a preference for NYS entities contracting with architects, landscape architects or engineers having their principal place of business within New York state

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 referred to governmental operations
delivered to assembly
passed senate
Jun 20, 2012 ordered to third reading cal.1425
Jun 18, 2012 referred to rules

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S7769 - Bill Details

Current Committee:
Law Section:
State Finance Law
Laws Affected:
Amd §136-a, St Fin L; amd §103, add §103-h, Gen Muni L; amd §§354, 559, 1204, 1676-a, 1678, 1680, 1734, add §2879-c, Pub Auth L; add §170-c, Exec L; amd §§373, 454, 2513, 2556 & 6275, Ed L; amd §14, Transp L

S7769 - Bill Texts

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Establishes a preference for NYS entities contracting with architects, landscape architects or engineers having their principal place of business within New York State.

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BILL NUMBER:S7769

TITLE OF BILL:
An act to amend the state finance law, the general municipal law, the
public authorities law, the executive law, the education law and the
transportation law, in relation to establishing a preference for New
York state entities contracting with architects, landscape architects
or engineers to use architects, landscape architects or engineers
having their principal place of business within New York state

PURPOSE:
This bill amends various laws to provide that public entities in New
York that seek to procure architectural, landscape architectural or
engineering services shall give preference to firms which have their
principal place of business in New York State.

SUMMARY OF PROVISIONS:
Section 1 - amends subdivisions 3 of section 136-a of the State
Finance Law.

Section 2 - amends section 103 of the General Municipal Law.

Section 3 - adds a new section 1 03-h to the General Municipal law.

Section 4 - amends section 354 of the Public Authorities Law.

Section 5 - amends section 559 of the Public Authorities Law.

Section 6 - amends section 1204 of the Public Authorities Law.

Section 7 - amends section l676-a of the Public Authorities Law.

Section 8 - amends section 1678 of the Public Authorities Law.

Section 9 - amends section 1680 of the Public Authorities Law.

Section 10- amends section 1734 of the Public Authorities Law.

Section 11 - adds a new section 2879-c to the Public Authorities Law.

Section 12 - adds a new section 170-c to the Executive Law.

Section 13 - amends section 373 of the Education Law.

Section 14 - amends section 373 of the Education Law.

Section 15 - amends section 373 of the Education Law.

Section 16 - amends section 454 of the Education Law.

Section 17 - amends section 2513 of the Education Law.

Section 18 - amends section 2556 of the Education Law.

Section 19 - amends section 6275 of the Education Law.


Section 20 - amends section 14 of the Transportation Law.

Section 21 - provides that this act shall take effect on the one
hundred twentieth day after it shall have become law; provided that
amendments to subdivision 12 of section 373 of the Education Law made
by section 14 of this act shall be subject to the expiration and
reversion of such subdivision pursuant to section 4 of subpart A of
part D of Chapter 58 of the Laws of2011, as amended, when upon such
date the provisions of section 15 of this act shall take effect.
Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date is authorized to be made on or before such date.

JUSTIFICATION:
There are thousands of architects, landscape architects and engineers
who have chosen to remain and do business in New York State. Each
year, our colleges and universities educate and graduate new
architects, landscape architects and engineers who have received some
of the best educations in the world. Our state needs to support the
men and women who have chosen to make New York their professional
homes when it comes time for new public construction whenever that
choice is possible.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become law; provided that amendments to subdivision 12 of
section 373 of the Education Law made by section 14 of this act shall
be subject to the expiration and reversion of such subdivision
pursuant to section 4 of subpart A of part D of Chapter 58 of the laws
of 2011, as amended, when upon such date the provisions of section 15
of this act shall take effect. Effective immediately, the addition,
amendment and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date is authorized to be
made on or before such date.

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

                                  7769

                            I N  S E N A T E

                              June 18, 2012
                               ___________

Introduced  by  Sens.  RANZENHOFER,  GALLIVAN  -- read twice and ordered
  printed, and when printed to be committed to the Committee on Rules

AN ACT to amend the state finance law, the general  municipal  law,  the
  public  authorities  law, the executive law, the education law and the
  transportation law, in relation to establishing a preference  for  New
  York  state entities contracting with architects, landscape architects
  or engineers to use  architects,  landscape  architects  or  engineers
  having their principal place of business within New York state

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 3 of section 136-a of the state finance law, as
amended by chapter 746 of the laws  of  1982,  is  amended  to  read  as
follows:
  3. In the procurement of architectural, LANDSCAPE ARCHITECTURAL, engi-
neering  and  surveying  services,  the requiring state department shall
GIVE PREFERENCE TO PARTNERSHIPS, FIRMS, BUSINESSES OR CORPORATIONS WHICH
HAVE THEIR PRIMARY PLACE OF BUSINESS IN THE STATE.    IN  ADDITION,  THE
REQUIRING STATE DEPARTMENT SHALL encourage professional firms engaged in
the  lawful  practice of the profession to submit an annual statement of
qualifications and performance data.  The requiring state department for
each proposed project shall evaluate current  statements  of  qualifica-
tions  and performance data on file with the department. If desired, the
requiring state department may conduct discussions with  three  or  more
professional  firms  regarding  anticipated design concepts and proposed
methods of approach  to  the  assignment.  The  state  department  shall
select,  in  order of preference, based upon criteria established by the
requiring state department, no less than three professional firms deemed
to be the most highly qualified to provide the services required.
  S 2.  Section 103 of the general municipal law is amended by adding  a
new subdivision 14 to read as follows:
  14.  NOTWITHSTANDING ANY   PROVISION OF THIS SECTION, FOR EVERY ARCHI-
TECTURAL, LANDSCAPE ARCHITECTURAL AND ENGINEERING CONTRACT  REQUIRED  TO
GO  TO  THE  LOWEST  RESPONSIBLE BIDDER, PREFERENCE SHALL BE GIVEN TO AN
INDIVIDUAL, SOLE PROPRIETORSHIP, PARTNERSHIP,  CORPORATION,  ASSOCIATION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16330-01-2

S. 7769                             2

OR  OTHER  LEGAL  ENTITY PERMITTED BY LAW TO PRACTICE THE PROFESSIONS OF
ARCHITECTURE, LANDSCAPE  ARCHITECTURE  OR  ENGINEERING  AND  HAVING  ITS
PRIMARY PLACE OF BUSINESS WITHIN NEW YORK STATE.
  S  3.  The  general  municipal  law is amended by adding a new section
103-h to read as follows:
  S 103-H. NEW YORK STATE ARCHITECTS, LANDSCAPE ARCHITECTS AND ENGINEERS
PREFERRED FOR PUBLIC WORKS. 1. AS USED IN THIS SECTION:
  A. THE TERM "PROFESSIONAL FIRM" SHALL BE DEFINED  AS  ANY  INDIVIDUAL,
SOLE  PROPRIETORSHIP,  PARTNERSHIP,  CORPORATION,  ASSOCIATION  OR OTHER
LEGAL ENTITY PERMITTED BY LAW TO PRACTICE THE PROFESSIONS  OF  ARCHITEC-
TURE, LANDSCAPE ARCHITECTURE OR ENGINEERING.
  B.  THE TERM "MUNICIPALITY" SHALL MEAN ANY COUNTY, CITY, TOWN, VILLAGE
OR MUNICIPAL CORPORATION.
  2. NOTWITHSTANDING ANY PROVISION OF LAW, ANY MUNICIPALITY REQUIRED  TO
USE THE LOWEST RESPONSIBLE BIDDER FOR CERTAIN PUBLIC WORKS, CONSTRUCTION
OR  ARCHITECTURAL  OR  LANDSCAPE  ARCHITECTURAL OR ENGINEERING CONTRACTS
SHALL GIVE PREFERENCE TO PROFESSIONAL FIRMS HAVING THEIR  PRIMARY  PLACE
OF BUSINESS WITHIN NEW YORK STATE.
  S  4.  Subdivision 10 of section 354 of the public authorities law, as
amended by chapter 766 of the laws  of  1992,  is  amended  to  read  as
follows:
  10.  To  construct,  reconstruct  or  improve  on or along the thruway
system in the  manner  herein  provided,  suitable  facilities  for  gas
stations,  restaurants, and other facilities for the public, or to lease
the right to construct, reconstruct or improve and operate such  facili-
ties;  such  facilities shall be publicly offered for leasing for opera-
tion, or the right to construct, reconstruct or improve and operate such
facilities shall be publicly offered under rules and regulations  to  be
established  by the authority, provided, however, that lessees operating
such facilities at the time this act becomes effective, may  reconstruct
or  improve  them  or  may  construct additional like facilities, in the
manner and upon such terms and conditions as the board shall  determine;
and  provided further, however, that such facilities constructed, recon-
structed or improved on or along the canal system  shall  be  consistent
with  the  canal  recreationway  plan  approved  pursuant to section one
hundred thirty-eight-c of the canal law and section three hundred eight-
y-two of this title AND  PROVIDED,  FURTHER,  HOWEVER,  THAT  FOR  EVERY
ARCHITECTURAL, LANDSCAPE ARCHITECTURAL AND ENGINEERING CONTRACT, PREFER-
ENCE  SHALL BE GIVEN TO AN INDIVIDUAL, SOLE PROPRIETORSHIP, PARTNERSHIP,
CORPORATION, ASSOCIATION OR OTHER LEGAL ENTITY PERMITTED BY LAW TO PRAC-
TICE THE PROFESSIONS OF ARCHITECTURE, LANDSCAPE  ARCHITECTURE  OR  ENGI-
NEERING AND HAVING ITS PRIMARY PLACE OF BUSINESS WITHIN NEW YORK STATE;
  S  5. Section 559 of the public authorities law, as amended by chapter
6 of the laws of 1940, is amended to read as follows:
  S 559. Construction contracts. The authority shall do all construction
pursuant to a contract or contracts in the manner, so far  as  practica-
ble,  provided  in  the  charter  of the city for contracts of such city
except that where the estimated expense of a contract  does  not  exceed
ten  thousand  dollars  such contract may be entered into without public
letting, but failure to comply with this section  shall  not  invalidate
such  contracts;  PROVIDED, HOWEVER, THAT FOR EVERY ARCHITECTURAL, LAND-
SCAPE ARCHITECTURAL AND ENGINEERING CONTRACT, PREFERENCE SHALL BE  GIVEN
TO AN INDIVIDUAL, SOLE PROPRIETORSHIP, PARTNERSHIP, CORPORATION, ASSOCI-
ATION OR OTHER LEGAL ENTITY PERMITTED BY LAW TO PRACTICE THE PROFESSIONS
OF  ARCHITECTURE,  LANDSCAPE  ARCHITECTURE OR ENGINEERING AND HAVING ITS
PRIMARY PLACE OF BUSINESS WITHIN NEW YORK STATE.

S. 7769                             3

  S 6. Subdivisions 8, 9 and 11 of section 1204 of the  public  authori-
ties  law,  subdivision 8 as amended by chapter 980 of the laws of 1958,
subdivision 9 as amended by chapter 732 of the laws of 1959 and subdivi-
sion 11 as amended by section 14 of part O of chapter 61 of the laws  of
2000, are amended to read as follows:
  8.  Pursuant  to  the  provisions  of this title, to construct, recon-
struct, improve, maintain and operate any transit facility, whether  now
existing, or constructed, acquired or provided in the future, and to fix
fares  on any such transit facilities; PROVIDED, HOWEVER, THAT FOR EVERY
ARCHITECTURAL, LANDSCAPE ARCHITECTURAL AND ENGINEERING CONTRACT, PREFER-
ENCE SHALL BE GIVEN TO AN INDIVIDUAL, SOLE PROPRIETORSHIP,  PARTNERSHIP,
CORPORATION, ASSOCIATION OR OTHER LEGAL ENTITY PERMITTED BY LAW TO PRAC-
TICE  THE  PROFESSIONS  OF ARCHITECTURE, LANDSCAPE ARCHITECTURE OR ENGI-
NEERING AND HAVING ITS PRIMARY PLACE OF BUSINESS WITHIN NEW YORK STATE.
  9. To construct, reconstruct, improve, maintain and operate buildings,
structures and facilities as may be necessary or convenient and to main-
tain and operate, directly or enter into contracts  or  leases  for  the
acquisition,  maintenance,  and  operation  of  areas for the parking of
motor vehicles in the vicinity of its transit  facilities,  and  in  its
discretion  to  fix  and charge for such parking a combination fee which
shall include the established rate of fare for use of its transit facil-
ities; PROVIDED, HOWEVER, THAT FOR EVERY ARCHITECTURAL, LANDSCAPE ARCHI-
TECTURAL AND ENGINEERING CONTRACT, PREFERENCE SHALL BE GIVEN TO AN INDI-
VIDUAL, SOLE PROPRIETORSHIP, PARTNERSHIP,  CORPORATION,  ASSOCIATION  OR
OTHER  LEGAL  ENTITY  PERMITTED  BY  LAW  TO PRACTICE THE PROFESSIONS OF
ARCHITECTURE, LANDSCAPE  ARCHITECTURE  OR  ENGINEERING  AND  HAVING  ITS
PRIMARY PLACE OF BUSINESS WITHIN NEW YORK STATE.
  11.  To  make  or  enter  into  contracts,  agreements, deeds, leases,
conveyances or other instruments necessary or convenient, and to  assist
and  cooperate  with  the metropolitan transportation authority to carry
out the powers of the metropolitan transportation authority in  further-
ance  of  the  purposes  and powers of the authority as provided in this
article, including, without limitation, the  transactions  described  in
sections  twelve  hundred  sixty-six-c,  twelve  hundred  sixty-nine and
twelve hundred seventy-d of this article; PROVIDED,  HOWEVER,  THAT  FOR
EVERY  ARCHITECTURAL,  LANDSCAPE ARCHITECTURAL AND ENGINEERING CONTRACT,
PREFERENCE SHALL BE GIVEN TO AN INDIVIDUAL, SOLE  PROPRIETORSHIP,  PART-
NERSHIP, CORPORATION, ASSOCIATION OR OTHER LEGAL ENTITY PERMITTED BY LAW
TO  PRACTICE  THE PROFESSIONS OF ARCHITECTURE, LANDSCAPE ARCHITECTURE OR
ENGINEERING AND HAVING ITS PRIMARY PLACE OF  BUSINESS  WITHIN  NEW  YORK
STATE.   This power shall include the power to make contracts with other
persons operating transit facilities for combined fares for the  use  of
such facilities and the transit facilities operated by the authority and
for  the division of such fares, and the power to make contracts for the
transportation of the United States mail or personal property.
  S 7. Section 1676-a of the public authorities law, as added by chapter
769 of the laws of 1978, is amended to read as follows:
  S 1676-a. Payment on authority public work  projects.  Notwithstanding
the  provisions  of  any  other  law  to the contrary, all contracts for
public work awarded by the dormitory authority pursuant  to  this  title
shall  be  in  accordance  with section one hundred thirty-nine-f of the
state finance law, PROVIDED,  HOWEVER,  THAT  FOR  EVERY  ARCHITECTURAL,
LANDSCAPE  ARCHITECTURAL  AND  ENGINEERING CONTRACT, PREFERENCE SHALL BE
GIVEN TO AN INDIVIDUAL, SOLE PROPRIETORSHIP,  PARTNERSHIP,  CORPORATION,
ASSOCIATION  OR  OTHER  LEGAL  ENTITY  PERMITTED  BY LAW TO PRACTICE THE
PROFESSIONS OF ARCHITECTURE, LANDSCAPE ARCHITECTURE OR  ENGINEERING  AND

S. 7769                             4

HAVING  ITS  PRIMARY  PLACE  OF BUSINESS WITHIN NEW YORK STATE.  For the
purposes of this section, public work by the dormitory  authority  shall
include  but not be limited to the construction of dormitories and other
related structures as defined in paragraph [a] (A) of subdivision two of
section sixteen hundred seventy-six of this title, boards of cooperative
educational  services as defined in paragraph [d] (D) of subdivision two
of section sixteen hundred seventy-six of this title, locally  sponsored
community  colleges  as  defined in subdivision seven of section sixteen
hundred seventy-six of this title, and the city university as defined in
subdivision eight of section sixteen hundred seventy-six of this title.
  S 8. Subdivision 8 of section 1678 of the public authorities  law,  as
amended  by  chapter  251  of  the  laws  of 1962, is amended to read as
follows:
  8. By contract or contracts or by  its  own  employees  to  construct,
acquire,  reconstruct,  rehabilitate and improve, and furnish and equip,
dormitories and necessary and usual attendant facilities for state-oper-
ated institutions and statutory and contract colleges under  the  juris-
diction  of  the state university of New York pursuant to agreement with
the state university construction fund created by section three  hundred
seventy-one  of  the  education  law,  PROVIDED, HOWEVER, THAT FOR EVERY
ARCHITECTURAL, LANDSCAPE ARCHITECTURAL AND ENGINEERING CONTRACT, PREFER-
ENCE SHALL BE GIVEN TO AN INDIVIDUAL, SOLE PROPRIETORSHIP,  PARTNERSHIP,
CORPORATION, ASSOCIATION OR OTHER LEGAL ENTITY PERMITTED BY LAW TO PRAC-
TICE  THE  PROFESSIONS  OF ARCHITECTURE, LANDSCAPE ARCHITECTURE OR ENGI-
NEERING AND HAVING ITS PRIMARY PLACE OF BUSINESS WITHIN NEW YORK STATE;
  S 9. Section 1680 of the public authorities law is amended by adding a
new subdivision 41 to read as follows:
  41. NOTWITHSTANDING ANY PROVISION OF THIS SECTION, FOR EVERY ARCHITEC-
TURAL, LANDSCAPE ARCHITECTURAL AND ENGINEERING CONTRACT REQUIRED  TO  GO
TO  THE LOWEST RESPONSIBLE BIDDER, PREFERENCE SHALL BE GIVEN TO AN INDI-
VIDUAL, SOLE PROPRIETORSHIP, PARTNERSHIP,  CORPORATION,  ASSOCIATION  OR
OTHER  LEGAL  ENTITY  PERMITTED  BY  LAW  TO PRACTICE THE PROFESSIONS OF
ARCHITECTURE, LANDSCAPE  ARCHITECTURE  OR  ENGINEERING  AND  HAVING  ITS
PRIMARY PLACE OF BUSINESS WITHIN NEW YORK STATE.
  S  10.  Paragraph  a  of  subdivision  1 of section 1734 of the public
authorities law, as added by chapter 738 of the laws of 1988, is amended
and a new paragraph e is added to subdivision 3 to read as follows:
  a. All contracts for the  construction,  reconstruction,  improvement,
rehabilitation,  maintenance, repair, furnishing, equipping of or other-
wise providing for educational facilities for  the  city  board  may  be
awarded in accordance with the provisions of this section, notwithstand-
ing the provisions of section eight of the public buildings law, section
one  hundred  three  of  the  general municipal law, section one hundred
thirty-five of the state finance law, section  seven  of  the  New  York
state  financial  emergency act for the city of New York or of any other
provision of general, special or local law,  charter  or  administrative
code,  PROVIDED, HOWEVER, THAT FOR EVERY ARCHITECTURAL, LANDSCAPE ARCHI-
TECTURAL AND ENGINEERING CONTRACT, PREFERENCE SHALL BE GIVEN TO AN INDI-
VIDUAL, SOLE PROPRIETORSHIP, PARTNERSHIP,  CORPORATION,  ASSOCIATION  OR
OTHER  LEGAL  ENTITY  PERMITTED  BY  LAW  TO PRACTICE THE PROFESSIONS OF
ARCHITECTURE, LANDSCAPE  ARCHITECTURE  OR  ENGINEERING  AND  HAVING  ITS
PRIMARY PLACE OF BUSINESS WITHIN NEW YORK STATE.
  E. NOTWITHSTANDING ANY PROVISION OF THIS SUBDIVISION, FOR EVERY ARCHI-
TECTURAL,  LANDSCAPE  ARCHITECTURAL AND ENGINEERING CONTRACT REQUIRED TO
GO TO COMPETITIVE BIDDING, PREFERENCE SHALL BE GIVEN TO  AN  INDIVIDUAL,
SOLE  PROPRIETORSHIP,  PARTNERSHIP,  CORPORATION,  ASSOCIATION  OR OTHER

S. 7769                             5

LEGAL ENTITY PERMITTED BY LAW TO PRACTICE THE PROFESSIONS  OF  ARCHITEC-
TURE, LANDSCAPE ARCHITECTURE OR ENGINEERING AND HAVING ITS PRIMARY PLACE
OF BUSINESS WITHIN NEW YORK STATE.
  S  11.  The  public authorities law is amended by adding a new section
2879-c to read as follows:
  S 2879-C. NEW YORK STATE ENTITIES  PREFERRED  FOR  CERTAIN  CONTRACTS.
EVERY PUBLIC AUTHORITY AND PUBLIC BENEFIT CORPORATION, A MAJORITY OF THE
MEMBERS  OF WHICH CONSIST OF PERSONS EITHER APPOINTED BY THE GOVERNOR OR
WHO SERVE AS MEMBERS BY VIRTUE OF HOLDING A CIVIL OFFICE OF  THE  STATE,
OR  A  COMBINATION  THEREOF,  (SUCH  ENTITIES  TO BE HEREINAFTER IN THIS
SECTION REFERRED TO  AS  "CORPORATION")  SHALL,  WHEN  REQUIRED  TO  USE
COMPETITIVE  BIDDING  FOR  CERTAIN PUBLIC WORKS, CONSTRUCTION, ARCHITEC-
TURAL, LANDSCAPE ARCHITECTURAL OR ENGINEERING CONTRACTS GIVE  PREFERENCE
TO AN INDIVIDUAL, SOLE PROPRIETORSHIP, PARTNERSHIP, CORPORATION, ASSOCI-
ATION OR OTHER LEGAL ENTITY PERMITTED BY LAW TO PRACTICE THE PROFESSIONS
OF ARCHITECTURE, LANDSCAPE ARCHITECTURE OR ENGINEERING HAVING ITS PRIMA-
RY PLACE OF BUSINESS WITHIN NEW YORK STATE.
  S  12.  The  executive law is amended by adding a new section 170-c to
read as follows:
  S 170-C. NEW YORK STATE  ENTITIES  PREFERRED  FOR  CERTAIN  CONTRACTS.
NOTWITHSTANDING  ANY  INCONSISTENT  PROVISIONS OF ANY GENERAL OR SPECIAL
LAW OR RESOLUTION, THE STATE, INCLUDING, BUT NOT  LIMITED  TO:  (I)  ANY
STATE  AGENCY,  (II) ANY STATE DEPARTMENT, OR (III) ANY DIVISION, BOARD,
COMMISSION, OR BUREAU OF ANY STATE DEPARTMENT, OR (IV) THE STATE UNIVER-
SITY OF NEW YORK AND THE CITY UNIVERSITY  OF  NEW  YORK,  INCLUDING  ALL
THEIR  CONSTITUENT  UNITS, EXCEPT COMMUNITY COLLEGES AND THE INDEPENDENT
INSTITUTIONS OPERATING STATUTORY OR CONTRACT COLLEGES ON BEHALF  OF  THE
STATE,  OR (V) ANY PUBLIC AUTHORITY, OTHER THAN MULTI-STATE AUTHORITIES,
PUBLIC BENEFIT CORPORATIONS, AND  COMMISSIONS  AT  LEAST  ONE  OF  WHOSE
MEMBERS  IS  APPOINTED BY THE GOVERNOR, WHEN REQUIRED TO USE COMPETITIVE
BIDDING FOR CERTAIN PUBLIC WORKS, CONSTRUCTION, ARCHITECTURAL, LANDSCAPE
ARCHITECTURAL OR ENGINEERING CONTRACTS SHALL GIVE PREFERENCE TO AN INDI-
VIDUAL, SOLE PROPRIETORSHIP, PARTNERSHIP,  CORPORATION,  ASSOCIATION  OR
OTHER  LEGAL  ENTITY  PERMITTED  BY  LAW  TO PRACTICE THE PROFESSIONS OF
ARCHITECTURE, LANDSCAPE ARCHITECTURE OR ENGINEERING HAVING  ITS  PRIMARY
PLACE OF BUSINESS WITHIN NEW YORK STATE.
  S  13.  Subdivision 8 of section 373 of the education law, as added by
chapter 251 of the laws of 1962, is amended to read as follows:
  8.  To  design,  construct,  acquire,  reconstruct,  rehabilitate  and
improve  academic  buildings,  dormitories  and other facilities for the
state university in accordance with sections three hundred  seventy-five
and  three  hundred seventy-six of this chapter, PROVIDED, HOWEVER, THAT
FOR  EVERY  ARCHITECTURAL,  LANDSCAPE  ARCHITECTURAL   AND   ENGINEERING
CONTRACT,  PREFERENCE  SHALL BE GIVEN TO AN INDIVIDUAL, SOLE PROPRIETOR-
SHIP,  PARTNERSHIP,  CORPORATION,  ASSOCIATION  OR  OTHER  LEGAL  ENTITY
PERMITTED  BY LAW TO PRACTICE THE PROFESSIONS OF ARCHITECTURE, LANDSCAPE
ARCHITECTURE OR ENGINEERING AND HAVING ITS  PRIMARY  PLACE  OF  BUSINESS
WITHIN NEW YORK STATE;
  S  14.  Subdivision 12 of section 373 of the education law, as amended
by section 2 of subpart A of part D of chapter 58 of the laws  of  2011,
is amended to read as follows:
  12.  To procure and execute contracts, lease agreements, and all other
instruments necessary or convenient for the exercise  of  its  corporate
powers and the fulfillment of its corporate purposes under this article,
PROVIDED, HOWEVER, THAT FOR EVERY ARCHITECTURAL, LANDSCAPE ARCHITECTURAL
AND  ENGINEERING  CONTRACT,  PREFERENCE SHALL BE GIVEN TO AN INDIVIDUAL,

S. 7769                             6

SOLE PROPRIETORSHIP,  PARTNERSHIP,  CORPORATION,  ASSOCIATION  OR  OTHER
LEGAL  ENTITY  PERMITTED BY LAW TO PRACTICE THE PROFESSIONS OF ARCHITEC-
TURE, LANDSCAPE ARCHITECTURE OR ENGINEERING AND HAVING ITS PRIMARY PLACE
OF  BUSINESS  WITHIN NEW YORK STATE.  Notwithstanding subdivision two of
section one hundred twelve of the state finance law or any other law  to
the  contrary,  fund  procurements  shall  not  be  subject to the prior
approval of any state officer or agency;
  S 15. 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  and  execute contracts, lease agreements, and all other
instruments necessary or convenient for the exercise  of  its  corporate
powers and the fulfillment of its corporate purposes under this article,
PROVIDED, HOWEVER, THAT FOR EVERY ARCHITECTURAL, LANDSCAPE ARCHITECTURAL
AND  ENGINEERING  CONTRACT,  PREFERENCE SHALL BE GIVEN TO AN INDIVIDUAL,
SOLE PROPRIETORSHIP,  PARTNERSHIP,  CORPORATION,  ASSOCIATION  OR  OTHER
LEGAL  ENTITY  PERMITTED BY LAW TO PRACTICE THE PROFESSIONS OF ARCHITEC-
TURE, LANDSCAPE ARCHITECTURE OR ENGINEERING AND HAVING ITS PRIMARY PLACE
OF BUSINESS WITHIN NEW YORK STATE;
  S 16.  Subdivisions 8, 9, 12 and 15 of section 454  of  the  education
law,  as  added  by  chapter  999  of the laws of 1966, subdivision 8 as
amended by chapter 963 of the laws of 1968 and subdivision 12 as amended
by chapter 888 of the laws of 1970, are amended to read as follows:
  8. Upon a two-thirds vote of the trustees of the fund, and subject  to
the  approval  of the board of education, to design, construct, acquire,
reconstruct, rehabilitate and improve combined occupancy structures  and
incidental  or  appurtenant facilities thereto, or cause such structures
and facilities to be  designed,  constructed,  acquired,  reconstructed,
rehabilitated  and  improved  in  accordance with the provisions of this
article, PROVIDED, HOWEVER,  THAT  FOR  EVERY  ARCHITECTURAL,  LANDSCAPE
ARCHITECTURAL  AND ENGINEERING CONTRACT, PREFERENCE SHALL BE GIVEN TO AN
INDIVIDUAL, SOLE PROPRIETORSHIP, PARTNERSHIP,  CORPORATION,  ASSOCIATION
OR  OTHER  LEGAL  ENTITY PERMITTED BY LAW TO PRACTICE THE PROFESSIONS OF
ARCHITECTURE, LANDSCAPE  ARCHITECTURE  OR  ENGINEERING  AND  HAVING  ITS
PRIMARY PLACE OF BUSINESS WITHIN NEW YORK STATE;
  9.  In  connection with such design, construction, acquisition, recon-
struction, rehabilitation and improvement, to install  or  cause  to  be
installed  water, sewer, gas, electrical, telephone, heating, air condi-
tioning and other utility services, including  appropriate  connections,
PROVIDED, HOWEVER, THAT FOR EVERY ARCHITECTURAL, LANDSCAPE ARCHITECTURAL
AND  ENGINEERING  CONTRACT,  PREFERENCE SHALL BE GIVEN TO AN INDIVIDUAL,
SOLE PROPRIETORSHIP,  PARTNERSHIP,  CORPORATION,  ASSOCIATION  OR  OTHER
LEGAL  ENTITY  PERMITTED BY LAW TO PRACTICE THE PROFESSIONS OF ARCHITEC-
TURE, LANDSCAPE ARCHITECTURE OR ENGINEERING AND HAVING ITS PRIMARY PLACE
OF BUSINESS WITHIN NEW YORK STATE;
  12. To make and execute contracts, leases,  subleases  and  all  other
instruments  or  agreements  necessary or convenient for the exercise of
its corporate powers and the fulfillment of its corporate purposes under
this article, subject to the approval of the corporation counsel  as  to
form  of  all  such  documents to which the city of New York is a party,
PROVIDED, HOWEVER, THAT FOR EVERY ARCHITECTURAL, LANDSCAPE ARCHITECTURAL
AND ENGINEERING CONTRACT, PREFERENCE SHALL BE GIVEN  TO  AN  INDIVIDUAL,
SOLE  PROPRIETORSHIP,  PARTNERSHIP,  CORPORATION,  ASSOCIATION  OR OTHER
LEGAL ENTITY PERMITTED BY LAW TO PRACTICE THE PROFESSIONS  OF  ARCHITEC-
TURE, LANDSCAPE ARCHITECTURE OR ENGINEERING AND HAVING ITS PRIMARY PLACE
OF  BUSINESS  WITHIN  NEW  YORK  STATE;  the  term  of any such lease or
sublease or renewal thereof shall not be limited by any provision of any

S. 7769                             7

general, special or local law or charter applicable to the city  of  New
York or to the board of education of the city of New York;
  15.  To  engage  the  services of construction, engineering, architec-
tural,  LANDSCAPE  ARCHITECTURAL,  legal  and   financial   consultants,
surveyors  and  appraisers,  on  a  contract  basis or as employees, for
professional service and  technical  assistance  and  advice,  PROVIDED,
HOWEVER, THAT FOR EVERY ARCHITECTURAL, LANDSCAPE ARCHITECTURAL AND ENGI-
NEERING  CONTRACT,  PREFERENCE  SHALL  BE  GIVEN  TO AN INDIVIDUAL, SOLE
PROPRIETORSHIP, PARTNERSHIP, CORPORATION,  ASSOCIATION  OR  OTHER  LEGAL
ENTITY  PERMITTED  BY  LAW  TO PRACTICE THE PROFESSIONS OF ARCHITECTURE,
LANDSCAPE ARCHITECTURE OR ENGINEERING AND HAVING ITS  PRIMARY  PLACE  OF
BUSINESS WITHIN NEW YORK STATE;
  S  17.  Section  2513 of the education law, as added by chapter 861 of
the laws of 1953, is amended to read as follows:
  S 2513. Contracts; advertisement for bids.   The  board  of  education
shall  let  all  contracts for public work and all purchase contracts to
the lowest responsible bidder after  advertisement  for  bids  where  so
required  by  section  one  hundred  three of the general municipal law,
PROVIDED, HOWEVER, THAT FOR EVERY ARCHITECTURAL, LANDSCAPE ARCHITECTURAL
AND ENGINEERING CONTRACT, PREFERENCE SHALL BE GIVEN  TO  AN  INDIVIDUAL,
SOLE  PROPRIETORSHIP,  PARTNERSHIP,  CORPORATION,  ASSOCIATION  OR OTHER
LEGAL ENTITY PERMITTED BY LAW TO PRACTICE THE PROFESSIONS  OF  ARCHITEC-
TURE, LANDSCAPE ARCHITECTURE OR ENGINEERING AND HAVING ITS PRIMARY PLACE
OF BUSINESS WITHIN NEW YORK STATE.
  S 18. Subdivision 10 of section 2556 of the education law, as added by
chapter 861 of the laws of 1953, is amended to read as follows:
  10. The board of education shall let all contracts for public work and
all purchase contracts to the lowest responsible bidder after advertise-
ment  for  bids  where  so  required by section one hundred three of the
general municipal law, PROVIDED, HOWEVER, THAT FOR EVERY  ARCHITECTURAL,
LANDSCAPE  ARCHITECTURAL  AND  ENGINEERING CONTRACT, PREFERENCE SHALL BE
GIVEN TO AN INDIVIDUAL, SOLE PROPRIETORSHIP,  PARTNERSHIP,  CORPORATION,
ASSOCIATION  OR  OTHER  LEGAL  ENTITY  PERMITTED  BY LAW TO PRACTICE THE
PROFESSIONS OF ARCHITECTURE, LANDSCAPE ARCHITECTURE OR  ENGINEERING  AND
HAVING ITS PRIMARY PLACE OF BUSINESS WITHIN NEW YORK STATE.
  S  19.  Subdivisions  11  and 12 of section 6275 of the education law,
subdivision 11 as amended by chapter 817 of the laws of 1976 and  subdi-
vision  12 as amended by chapter 305 of the laws of 1979, are amended to
read as follows:
  (11)  to engage the services of construction,  engineering,  architec-
tural,  legal  and financial consultants, surveyors and appraisers, on a
contract basis or as employees, for professional service  and  technical
assistance  and advice, PROVIDED, HOWEVER, THAT FOR EVERY ARCHITECTURAL,
LANDSCAPE ARCHITECTURAL AND ENGINEERING CONTRACT,  PREFERENCE  SHALL  BE
GIVEN  TO  AN INDIVIDUAL, SOLE PROPRIETORSHIP, PARTNERSHIP, CORPORATION,
ASSOCIATION OR OTHER LEGAL ENTITY  PERMITTED  BY  LAW  TO  PRACTICE  THE
PROFESSIONS  OF  ARCHITECTURE, LANDSCAPE ARCHITECTURE OR ENGINEERING AND
HAVING ITS PRIMARY PLACE OF BUSINESS WITHIN NEW YORK STATE;
  (12) to cause facilities to be designed, constructed, acquired, recon-
structed, rehabilitated, improved, operated, maintained,  furnished  and
equipped and made secure in accordance with the provisions of this arti-
cle,  PROVIDED,  HOWEVER, THAT FOR EVERY ARCHITECTURAL, LANDSCAPE ARCHI-
TECTURAL AND ENGINEERING CONTRACT, PREFERENCE SHALL BE GIVEN TO AN INDI-
VIDUAL, SOLE PROPRIETORSHIP, PARTNERSHIP,  CORPORATION,  ASSOCIATION  OR
OTHER  LEGAL  ENTITY  PERMITTED  BY  LAW  TO PRACTICE THE PROFESSIONS OF

S. 7769                             8

ARCHITECTURE, LANDSCAPE  ARCHITECTURE  OR  ENGINEERING  AND  HAVING  ITS
PRIMARY PLACE OF BUSINESS WITHIN NEW YORK STATE;
  S  20.  Subdivision  17  of  section  14 of the transportation law, as
amended by chapter 736 of the laws  of  1972,  is  amended  to  read  as
follows:
  17.  Notwithstanding  the provisions of this chapter or of any general
or special law, and whenever funds therefor are available or  have  been
otherwise provided, the commissioner is hereby authorized and empowered,
subject  to  the  approval  of the division of the budget, to retain and
employ private engineers, architects, LANDSCAPE ARCHITECTS and  consult-
ants, or firms practicing such professions for purposes of (1) preparing
designs,  plans  and  estimates of structures of any type and character,
(2) rendering assistance and advice  in  connection  with  any  project,
whether defined or proposed, and under the supervision of the department
of  transportation,  (3) preparing surveys, studies and plans, including
the negotiating for and securing of reservation easements  necessary  to
such  plans,  for  joint  development  of  transportation  corridors and
provision for multiple use outside the counties of Kings and  Queens  of
rights  of  way  appurtenant  thereto, and (4) performing such other and
necessary services as the commissioner may deem necessary in the  admin-
istration of the department, PROVIDED, HOWEVER, THAT FOR EVERY ARCHITEC-
TURAL,  LANDSCAPE  ARCHITECTURAL  AND  ENGINEERING  CONTRACT, PREFERENCE
SHALL BE GIVEN  TO  AN  INDIVIDUAL,  SOLE  PROPRIETORSHIP,  PARTNERSHIP,
CORPORATION, ASSOCIATION OR OTHER LEGAL ENTITY PERMITTED BY LAW TO PRAC-
TICE  THE  PROFESSIONS  OF ARCHITECTURE, LANDSCAPE ARCHITECTURE OR ENGI-
NEERING AND HAVING ITS PRIMARY PLACE OF BUSINESS WITHIN NEW YORK STATE.
  S 21. This act shall take effect on  the  one  hundred  twentieth  day
after it shall have become a law; provided, however, that the amendments
to  subdivision  12  of section 373 of the education law made by section
fourteen of this act shall be subject to the expiration and reversion of
such subdivision pursuant to section 4 of subpart A of part D of chapter
58 of the laws of 2011, as amended, when upon such date  the  provisions
of section fifteen of this act shall take effect. Effective immediately,
the  addition,  amendment and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date is author-
ized to be made on or before such date.

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