Bill Text: NY A00185 | 2017-2018 | General Assembly | Introduced


Bill Title: Authorizes municipalities to make purchases from other municipalities' contracts.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - referred to local governments [A00185 Detail]

Download: New_York-2017-A00185-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           185
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 4, 2017
                                       ___________
        Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
          Committee on Local Governments
        AN ACT to amend the general municipal law, in  relation  to  authorizing
          municipalities to make purchases from other municipalities' contracts
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 3 of section 103 of the general municipal  law,
     2  as  separately amended by section 5 of subpart A of part C of chapter 97
     3  of the laws of 2011 and by chapter 608 of the laws of 2011,  is  amended
     4  to read as follows:
     5    3.  Notwithstanding the provisions of subdivision one of this section,
     6  any officer, board or agency  of  a  political  subdivision  or  of  any
     7  district therein authorized to make purchases of materials, equipment or
     8  supplies,  or  to contract for services, may make such purchases, or may
     9  contract for services, other than services subject to  article  nine  of
    10  the  labor  law,  when  available,  through: (a) the county in which the
    11  political subdivision or district is located; or [through] (b) any coun-
    12  ty within the state subject to the rules established pursuant to  subdi-
    13  vision  two  of  section  four hundred eight-a of the county law; or (c)
    14  another political subdivision or district of any county within the state
    15  subject to the rules established pursuant to subdivision two of  section
    16  four  hundred  eight-a  of  the  county law; provided that the political
    17  subdivision or district for which such officer,  board  or  agency  acts
    18  shall  accept  sole  responsibility  for  any  payment due the vendor or
    19  contractor. All purchases and all contracts for such services  shall  be
    20  subject to audit and inspection by the political subdivision or district
    21  for which made. Prior to making such purchases or contracts the officer,
    22  board  or  agency  shall  consider whether such contracts will result in
    23  cost savings after all factors, including charges for service, material,
    24  and delivery, have been considered. No officer, board  or  agency  of  a
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05173-01-7

        A. 185                              2
     1  political subdivision or of any district therein shall make any purchase
     2  or  contract for any such services through the county in which the poli-
     3  tical subdivision or district is located or through  any  county  within
     4  the  state  when bids and offers have been received for such purchase or
     5  such services by such officer, board or agency, unless such purchase may
     6  be made or the contract for such services may be entered into  upon  the
     7  same  terms,  conditions and specifications at a lower price through the
     8  county.
     9    § 2. Subdivision 3 of section 103 of the  general  municipal  law,  as
    10  amended  by  chapter  608  of  the  laws  of 2011, is amended to read as
    11  follows:
    12    3. Notwithstanding the provisions of subdivision one of this  section,
    13  any  officer,  board  or  agency  of  a  political subdivision or of any
    14  district therein authorized to make purchases of materials, equipment or
    15  supplies, or to contract for services, may make such purchases,  or  may
    16  contract  for  services, other than services subject to article eight or
    17  nine of the labor law, when available[,]:  (a)  through  the  county  in
    18  which the political subdivision or district is located; or [through] (b)
    19  any county within the state subject to the rules established pursuant to
    20  subdivision  two  of  section four hundred eight-a of the county law; or
    21  (c) another political subdivision or district of any county  within  the
    22  state  subject  to  the rules established pursuant to subdivision two of
    23  section four hundred eight-a of the county law; provided that the  poli-
    24  tical  subdivision  or  district for which such officer, board or agency
    25  acts shall accept sole responsibility for any payment due the vendor  or
    26  contractor.  All  purchases and all contracts for such services shall be
    27  subject to audit and inspection by the political subdivision or district
    28  for which made. Prior to making such purchases or contracts the officer,
    29  board or agency shall consider whether such  contracts  will  result  in
    30  cost savings after all factors, including charges for service, material,
    31  and  delivery,  have  been  considered. No officer, board or agency of a
    32  political subdivision or of any district therein shall make any purchase
    33  or contract for any such services through the county in which the  poli-
    34  tical  subdivision  or  district is located or through any county within
    35  the state when bids and offers have been received for such  purchase  or
    36  such services by such officer, board or agency, unless such purchase may
    37  be  made  or the contract for such services may be entered into upon the
    38  same terms, conditions and specifications at a lower price  through  the
    39  county.
    40    §  3. This act shall take effect immediately, provided that the amend-
    41  ments to subdivision 3 of section 103 of the general municipal law  made
    42  by section one of this act shall be subject to the expiration and rever-
    43  sion of such subdivision pursuant to section 9 of subpart A of part C of
    44  chapter  97  of  the  laws  of 2011, as amended, when upon such date the
    45  provisions of section two of this act shall take effect.
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