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.