Bill Text: NY S06018 | 2011-2012 | General Assembly | Introduced

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Bill Title: Clarifies reforms to the procurement process for the state and city university in regards to the purchase or subscription of library materials such as books and online electronic resources.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced - Dead) 2012-06-21 - COMMITTED TO RULES [S06018 Detail]

Download: New_York-2011-S06018-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6018
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 4, 2012
                                      ___________
       Introduced  by  Sen.  FARLEY -- read twice and ordered printed, and when
         printed to be committed to the Committee on Higher Education
       AN ACT to amend the education law, in relation to clarifying reforms  to
         the  procurement  process for the state and city university in regards
         to the purchase or subscription to online electronic resources
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Paragraph a of subdivision 5 of section 355 of the educa-
    2  tion law, as amended by section 1 of subpart B of part D of  chapter  58
    3  of the laws of 2011, is amended to read as follows:
    4    a.  (i) purchase materials, equipment and supplies, including computer
    5  equipment, LIBRARY MATERIALS INCLUDING BUT NOT LIMITED TO BOOKS, SERIALS
    6  AND ELECTRONIC RESOURCES and motor vehicles, (ii) execute contracts  for
    7  construction  and  construction-related  services  contracts,  and (iii)
    8  contract for printing, without prior approval by any other state officer
    9  or agency, but subject to rules and regulations of the state comptroller
   10  not otherwise inconsistent with the provisions of this  section  and  in
   11  accordance  with guidelines promulgated by the state university board of
   12  trustees after consultation with the state comptroller;
   13    S 2. Subdivision 6 of section 355 of the education law, as amended  by
   14  section  1  of subpart B of part D of chapter 58 of the laws of 2011, is
   15  amended to read as follows:
   16    6. To enter into any contract or agreement deemed necessary or  advis-
   17  able after consultation with appropriate state agencies for carrying out
   18  the  objects  and  purposes  of state university without prior review or
   19  approval by any state officer or agency other than the state comptroller
   20  and the attorney general  including  contracts  with  non-profit  corpo-
   21  rations  organized  by  officers, employees, alumni or students of state
   22  university for the furtherance of its objects and purposes.    Contracts
   23  or agreements entered into with the federal government to enable partic-
   24  ipation  in federal student loan programs, including any and all instru-
   25  ments required thereunder, shall not be subject to the  requirements  of
   26  section  forty-one of the state finance law; provided, however, that the
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13488-02-1
       S. 6018                             2
    1  state shall not be liable for any portion of any defaults which  it  has
    2  agreed  to  assume pursuant to any such agreement in an amount in excess
    3  of money appropriated or otherwise lawfully available  therefor  at  the
    4  time  the  liability  for payment arises. The foregoing notwithstanding,
    5  any contract made for or by the state university for  the  purchase  of:
    6  (i)  materials, equipment and supplies, including computer equipment AND
    7  LIBRARY MATERIALS INCLUDING BUT NOT LIMITED TO BOOKS, SERIALS AND  ELEC-
    8  TRONIC  RESOURCES; (ii) motor vehicles; (iii) construction and construc-
    9  tion-related services contracts; and (iv) printing shall not be  subject
   10  to prior approval by any other state officer or agency.
   11    S  3.  Paragraph  1  of subdivision a of section 6218 of the education
   12  law, as amended by section 2 of subpart B of part D of chapter 58 of the
   13  laws of 2011, is amended to read as follows:
   14    (1) (i) purchase materials, equipment and supplies, including computer
   15  equipment, LIBRARY MATERIALS INCLUDING BUT NOT LIMITED TO BOOKS, SERIALS
   16  AND ELECTRONIC RESOURCES and motor vehicles, (ii) execute contracts  for
   17  construction  and  construction-related  services  contracts,  and (iii)
   18  contract for printing, without prior approval by any other state officer
   19  or agency, but subject to rules and regulations of the state comptroller
   20  not otherwise inconsistent with the provisions of this  section  and  in
   21  accordance  with the guidelines promulgated by the city university board
   22  of trustees after consultation with the state comptroller.
   23    S 4. This act shall take effect immediately, provided that the  amend-
   24  ments  to subdivisions 5 and 6 of section 355 of the education law, made
   25  by sections one and two of this act shall not affect the  expiration  of
   26  such  subdivisions  and  shall  be deemed to expire therewith.  Provided
   27  further that the amendments to subdivision a  of  section  6218  of  the
   28  education  law,  made  by section three of this act shall not affect the
   29  expiration of such subdivision and shall be deemed to expire therewith.