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A02073 Text:

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 17, 2017
        Introduced by M. of A. MONTESANO, SALADINO, FINCH, HAWLEY, M. G. MILLER,
          LUPINACCI,  GRAF,  GOODELL,  GIGLIO  -- Multi-Sponsored by -- M. of A.
          BARCLAY, McLAUGHLIN -- read once and  referred  to  the  Committee  on
        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 56 to read as follows:
     3    56. 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    § 2. Paragraph (i) of subdivision  5  of  section  163  of  the  state
     9  finance law, as amended by section 9 of part L of chapter 55 of the laws
    10  of 2012, is 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-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 2073                             2
     1  sion forty-three of section three hundred five of the education law.  If
     2  a  commodity is not available in the form, function and utility consist-
     3  ent with the needs of the state agency from  a  preferred  source  or  a
     4  centralized contract or as provided for in subparagraph (v) of paragraph
     5  a of subdivision three of this section, the state agency may procure the
     6  commodity  independently  or in conjunction with another state agency in
     7  accordance with paragraph c of subdivision three of this section.
     8    § 3. This act shall take effect immediately; provided,  however,  that
     9  the  amendments  to paragraph (i) of subdivision 5 of section 163 of the
    10  state finance law made by section two of this act shall not  affect  the
    11  repeal of such section and shall be deemed to be repealed therewith.
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