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

                                  8673

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            October 27, 2011
                               ___________

Introduced  by  M.  of  A.  PAULIN, ENGLEBRIGHT, GALEF, MARKEY, SCHIMEL,
  McENENY,  ABINANTI,  GABRYSZAK,  GUNTHER,  JAFFEE,  MILLMAN,  ROBERTS,
  THIELE,  TITONE -- Multi-Sponsored by -- M. of A. CANESTRARI, LATIMER,
  SWEENEY -- read once and referred to the Committee on Higher Education

AN ACT to amend the education law, in relation to clarifying reforms  to
  the  procurement  process for the state and city university in regards
  to the purchase or subscription to online electronic resources

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

  Section  1.  Paragraph a of subdivision 5 of section 355 of the educa-
tion law, as amended by section 1 of subpart B of part D of  chapter  58
of the laws of 2011, is amended to read as follows:
  a.  (i) purchase materials, equipment and supplies, including computer
equipment, LIBRARY MATERIALS INCLUDING BUT NOT LIMITED TO BOOKS, SERIALS
AND ELECTRONIC RESOURCES and motor vehicles, (ii) execute contracts  for
construction  and  construction-related  services  contracts,  and (iii)
contract for printing, 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 guidelines promulgated by the state university board of
trustees after consultation with the state comptroller;
  S 2. Subdivision 6 of section 355 of the education law, as amended  by
section  1  of subpart B of part D of chapter 58 of the laws of 2011, is
amended to read as follows:
  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 comptroller
and the attorney general  including  contracts  with  non-profit  corpo-
rations  organized  by  officers, employees, alumni or students of state
university for the furtherance of its objects and purposes.    Contracts

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13488-02-1
              

A. 8673                             2

or agreements entered into with the federal government to enable partic-
ipation  in federal student loan programs, including any and all instru-
ments 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. The foregoing notwithstanding,
any contract made for or by the state university for  the  purchase  of:
(i)  materials, equipment and supplies, including computer equipment AND
LIBRARY MATERIALS INCLUDING BUT NOT LIMITED TO BOOKS, SERIALS AND  ELEC-
TRONIC  RESOURCES; (ii) motor vehicles; (iii) construction and construc-
tion-related services contracts; and (iv) printing shall not be  subject
to prior approval by any other state officer or agency.
  S  3.  Paragraph  1  of subdivision a of section 6218 of the education
law, as amended by section 2 of subpart B of part D of chapter 58 of the
laws of 2011, is amended to read as follows:
  (1) (i) purchase materials, equipment and supplies, including computer
equipment, LIBRARY MATERIALS INCLUDING BUT NOT LIMITED TO BOOKS, SERIALS
AND ELECTRONIC RESOURCES and motor vehicles, (ii) execute contracts  for
construction  and  construction-related  services  contracts,  and (iii)
contract for printing, 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 promulgated by the city university board
of trustees after consultation with the state comptroller.
  S 4. This act shall take effect immediately, provided that the  amend-
ments  to subdivisions 5 and 6 of section 355 of the education law, made
by sections one and two of this act shall not affect the  expiration  of
such  subdivisions  and  shall  be deemed to expire therewith.  Provided
further that the amendments to subdivision a  of  section  6218  of  the
education  law,  made  by section three of this act shall not affect the
expiration of such subdivision and shall be deemed to expire therewith.