Bill Text: NY S02243 | 2015-2016 | General Assembly | Amended

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Bill Title: Allows certain not-for-profits to make purchases through use of county contracts.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2016-09-29 - SIGNED CHAP.360 [S02243 Detail]

Download: New_York-2015-S02243-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         2243--A
            Cal. No. 1290
                               2015-2016 Regular Sessions
                    IN SENATE
                                    January 22, 2015
                                       ___________
        Introduced  by Sens. STEWART-COUSINS, AVELLA, LATIMER, PANEPINTO, STAVI-
          SKY -- read twice and ordered printed, and when printed to be  commit-
          ted to the Committee on Local Government -- recommitted to the Commit-
          tee  on  Local  Government in accordance with Senate Rule 6, sec. 8 --
          reported favorably from said committee, ordered to  first  and  second
          report,  ordered  to  a  third reading, amended and ordered reprinted,
          retaining its place in the order of third reading
        AN ACT to amend the general municipal law, in relation to allowing  not-
          for-profits to make purchases through county contracts
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The general municipal  law  is  amended  by  adding  a  new
     2  section 109-c to read as follows:
     3    §  109-c. Purchases through county contracts by certain not-for-profit
     4  corporations. Not-for-profit corporations that provide a  service  to  a
     5  county  are  authorized  to  make  purchases or to contract for services
     6  other than services subject to article eight or any  provisions  of  the
     7  labor  law  and other than purchases of motor fuel, diesel motor fuel or
     8  cigarettes, through the county which the not-for-profit has  a  contract
     9  with.  Such  purchases  or  contracts for services made through a county
    10  contract by a not-for-profit shall directly relate to  the  service  for
    11  which the not-for-profit provides to such county.  The county may estab-
    12  lish  limitations  with  respect  to commodities and services and impose
    13  such other appropriate conditions upon purchasing as deemed necessary by
    14  the chief fiscal officer of the county in order to protect the  county's
    15  own purchasing interests; and such not-for-profit corporation shall make
    16  any  purchase  pursuant  to this section in its own name and accept sole
    17  responsibility for any payment due to the vendor and such not-for-profit
    18  corporation and vendor shall each be responsible for any  tax  due  with
    19  respect  to  the purchases by the not-for-profit corporation. Nothing in
    20  this section shall be construed as altering any tax  exemption  afforded
    21  to  the  not-for-profit  corporation  or  as  creating a principal/agent
    22  relationship between the county and not-for-profit corporation.
    23    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00033-03-6