Bill Text: NY A10566 | 2009-2010 | General Assembly | Introduced

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Bill Title: Authorizes the commissioner of education to promulgate regulations which enable superintendents and schools to purchase material goods and supplies directly from vendors or suppliers when such products are available at prices or other terms more economically beneficial for the purposes of the acquiring superintendent or school.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2010-05-12 - held for consideration in education [A10566 Detail]

Download: New_York-2009-A10566-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10566
                                 I N  A S S E M B L Y
                                     April 7, 2010
                                      ___________
       Introduced  by  M.  of  A.  MONTESANO  --  read once and referred to the
         Committee on Education
       AN ACT to amend the education law and the state finance law, in relation
         to authorizing superintendents and schools to purchase certain materi-
         al goods and supplies independently
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 305 of the education law is amended by adding a new
    2  subdivision 42 to read as follows:
    3    42.  THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS NECESSARY
    4  TO ENABLE SUPERINTENDENTS AND SCHOOLS TO  PURCHASE  MATERIAL  GOODS  AND
    5  SUPPLIES  DIRECTLY  FROM  VENDORS  OR  SUPPLIERS  WHEN SUCH PRODUCTS ARE
    6  AVAILABLE AT PRICES OR OTHER TERMS MORE ECONOMICALLY BENEFICIAL FOR  THE
    7  PURPOSES OF THE ACQUIRING SUPERINTENDENT OR SCHOOL.
    8    S  2.  Subparagraph (i) of paragraph a of subdivision 5 of section 163
    9  of the state finance law, as added by chapter 83 of the laws of 1995, is
   10  amended to read as follows:
   11    (i) For commodities, upon such determination of need,  state  agencies
   12  shall ascertain whether the commodity is available in the form, function
   13  and  utility  consistent  with their needs from preferred sources and if
   14  so, shall purchase said commodity from a preferred source in  accordance
   15  with the provisions of this article. If not so available, state agencies
   16  shall determine whether the commodity is available in the form, function
   17  and utility consistent with their needs on a centralized contract and if
   18  so, except as provided in subparagraph (v) of paragraph a of subdivision
   19  three  of this section, shall purchase said commodity using the central-
   20  ized contract, PROVIDED, HOWEVER, THAT SUPERINTENDENTS AND  SCHOOLS  MAY
   21  PROCURE  SUCH  COMMODITIES  INDEPENDENTLY IN ACCORDANCE WITH REGULATIONS
   22  ESTABLISHED BY THE COMMISSIONER OF EDUCATION AS PROVIDED FOR IN SUBDIVI-
   23  SION FORTY-TWO OF SECTION THREE HUNDRED FIVE OF THE EDUCATION LAW.  If a
   24  commodity is not available in the form, function and utility  consistent
   25  with the needs of the state agency from a preferred source or a central-
   26  ized  contract  or as provided for in subparagraph (v) of paragraph a of
   27  subdivision three of this section, the  state  agency  may  procure  the
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD16509-02-0
       A. 10566                            2
    1  commodity  independently  or in conjunction with another state agency in
    2  accordance with paragraph c of subdivision three of this section.
    3    S  3.  This act shall take effect immediately; provided, however, that
    4  the amendments to subparagraph (i) of paragraph a of  subdivision  5  of
    5  section  163  of  the  state finance law made by section two of this act
    6  shall not affect the repeal of such section and shall be  deemed  to  be
    7  repealed therewith.