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

                                  3870

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2011
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
  Committee on Higher Education

AN ACT to amend the education law, in relation to  non-academic  service
  contracts  entered  into  by  state-operated institutions of the state
  university

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

  Section  1. The education law is amended by adding a new section 356-a
to read as follows:
  S 356-A. CONTRACT APPROVAL CONTROL BOARD. 1. ALL NON-ACADEMIC  SERVICE
CONTRACTS  WITH  A  STATE-OPERATED  INSTITUTION  OF THE STATE UNIVERSITY
INCLUDING,  BUT  NOT  LIMITED  TO:  BOOKSTORES,  FOOD  SERVICE,  VENDING
MACHINES,  CAFES, SNACK BARS, RETAIL OUTLETS, TRAVEL AGENCIES, BANKS AND
BILLBOARD ADVERTISING WHICH OPERATE ON THE  PROPERTY  OF  OR  UNDER  THE
AUTHORITY OF THE STATE-OPERATED INSTITUTION SHALL FIRST BE APPROVED BY A
BOARD CONSISTING OF:
  A. THE ELECTED STUDENT COUNCIL REPRESENTATIVE (AS PROVIDED IN SUBDIVI-
SION  ONE  OF  SECTION  THREE  HUNDRED FIFTY-SIX OF THIS ARTICLE) OR THE
ELECTED HEAD OF THE STUDENT ASSOCIATION BY AGREEMENT BETWEEN ANY  MULTI-
PLE  STUDENT ASSOCIATIONS AT A SPECIFIC STATE-OPERATED ACADEMIC INSTITU-
TION;
  B. THE ELECTED FACULTY REPRESENTATIVE  OR  THE  ELECTED  HEAD  OF  THE
FACULTY  SENATE OR ASSOCIATION BY AGREEMENT BETWEEN ANY MULTIPLE FACULTY
ASSOCIATIONS AT A SPECIFIC STATE-OPERATED INSTITUTION; AND
  C. THE HEAD OF SUCH INSTITUTION, OR HIS OR HER DESIGNEE.
  2. FOR ANY MEETING A BOARD MEMBER MAY DESIGNATE A PROXY IN WRITING AND
SIGNED FOR THAT MEETING.
  3. A QUORUM SHALL BE ALL THREE  BOARD  MEMBERS  IN  ORDER  TO  APPROVE
CONTRACTS.
  4.  NO  NON-ACADEMIC SERVICE CONTRACT WITH THE STATE-OPERATED INSTITU-
TION SHALL BE VALID WITHOUT THE APPROVAL OF THE BOARD.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07488-01-1
              

A. 3870                             2

  5. THE CHAIR OF EACH BOARD SHALL ALTERNATE ANNUALLY BETWEEN THE  BOARD
MEMBER  DESIGNATED  IN  PARAGRAPHS  A  AND  B OF SUBDIVISION ONE OF THIS
SECTION.
  6.  MEETINGS  SHALL  BE CALLED AS NECESSARY BY THE CHAIR FOR THE FUNC-
TIONING OF THE STATE-OPERATED INSTITUTION BUT NO LESS  THAN  ONCE  EVERY
FOUR  MONTHS,  OR THE REMAINING TWO MEMBERS BY PETITION, MAY AT ANY TIME
CALL A SPECIAL MEETING OF THE BOARD AND FIX THE TIME AND PLACE THEREFOR.
AT LEAST SEVEN DAYS NOTICE OF EVERY MEETING SHALL BE MAILED TO THE USUAL
ADDRESS OF EACH MEMBER. THE AGENDA FOR SUCH MEETINGS SHALL BE  AVAILABLE
SEVEN DAYS PRIOR TO THE MEETINGS AND SHALL BE CONSIDERED PUBLIC RECORDS.
  7.  NOTHING IN THIS SECTION SHALL PREVENT A STATE-OPERATED INSTITUTION
FROM ESTABLISHING AN AUXILIARY SERVICES CORPORATION, INSTEAD OF A  BOARD
OTHERWISE  PROVIDED BY THIS SECTION, TO APPROVE AND OVERSEE NON-ACADEMIC
SERVICE CONTRACTS WITH  THE  INSTITUTION  WHICH  MAINTAINS  PROPORTIONAL
REPRESENTATIVE  CONTROL,  ONE-THIRD FOR EACH, OF THAT CORPORATIONS BOARD
OF DIRECTORS BETWEEN THE ELECTED STUDENT  ASSOCIATION,  ELECTED  FACULTY
ASSOCIATION AND THE HEAD OF THE INSTITUTION.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.