- Floor Votes
Go to top
STATE OF NEW YORK ________________________________________________________________________ 2073 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 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 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. LBD06058-01-7A. 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.