Bill Text: NY A01633 | 2019-2020 | General Assembly | Introduced


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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to local governments [A01633 Detail]

Download: New_York-2019-A01633-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1633
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 16, 2019
                                       ___________
        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
    25  political subdivision or of any district therein shall make any purchase
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06231-01-9

        A. 1633                             2
     1  or  contract for any such services through the county in which the poli-
     2  tical subdivision or district is located or through  any  county  within
     3  the  state  when bids and offers have been received for such purchase or
     4  such services by such officer, board or agency, unless such purchase may
     5  be  made  or the contract for such services may be entered into upon the
     6  same terms, conditions and specifications at a lower price  through  the
     7  county.
     8    §  2.  Subdivision  3  of section 103 of the general municipal law, as
     9  amended by chapter 608 of the laws  of  2011,  is  amended  to  read  as
    10  follows:
    11    3.  Notwithstanding the provisions of subdivision one of this section,
    12  any officer, board or agency  of  a  political  subdivision  or  of  any
    13  district therein authorized to make purchases of materials, equipment or
    14  supplies,  or  to contract for services, may make such purchases, or may
    15  contract for services, other than services subject to article  eight  or
    16  nine  of  the  labor  law,  when available[,]: (a) through the county in
    17  which the political subdivision or district is located; or [through] (b)
    18  any county within the state subject to the rules established pursuant to
    19  subdivision two of section four hundred eight-a of the  county  law;  or
    20  (c)  another  political subdivision or district of any county within the
    21  state subject to the rules established pursuant to  subdivision  two  of
    22  section  four hundred eight-a of the county law; provided that the poli-
    23  tical subdivision or district for which such officer,  board  or  agency
    24  acts  shall accept sole responsibility for any payment due the vendor or
    25  contractor. All purchases and all contracts for such services  shall  be
    26  subject to audit and inspection by the political subdivision or district
    27  for which made. Prior to making such purchases or contracts the officer,
    28  board  or  agency  shall  consider whether such contracts will result in
    29  cost savings after all factors, including charges for service, material,
    30  and delivery, have been considered. No officer, board  or  agency  of  a
    31  political subdivision or of any district therein shall make any purchase
    32  or  contract for any such services through the county in which the poli-
    33  tical subdivision or district is located or through  any  county  within
    34  the  state  when bids and offers have been received for such purchase or
    35  such services by such officer, board or agency, unless such purchase may
    36  be made or the contract for such services may be entered into  upon  the
    37  same  terms,  conditions and specifications at a lower price through the
    38  county.
    39    § 3. This act shall take effect immediately, provided that the  amend-
    40  ments  to subdivision 3 of section 103 of the general municipal law made
    41  by section one of this act shall be subject to the expiration and rever-
    42  sion of such subdivision pursuant to section 9 of subpart A of part C of
    43  chapter 97 of the laws of 2011, as amended,  when  upon  such  date  the
    44  provisions of section two of this act shall take effect.
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