Rpld & add S2590-h sub 36, Ed L; amd S1734, Pub Auth L
Authorizes the chancellor of the city district to ensure that all contracts or agreements involving the purchase or delivery of material goods, supplies and services, including any franchise or concession agreements, are entered into in accordance with the New York city charter, the rules of the New York city procurement policy board and the New York city franchise concession and review committees.
STATE OF NEW YORK
________________________________________________________________________
1816
2009-2010 Regular Sessions
IN ASSEMBLY
January 12, 2009
___________
Introduced by M. of A. NOLAN, MILLMAN, DINOWITZ, COLTON, JACOBS,
O'DONNELL, PERRY -- Multi-Sponsored by -- M. of A. BENJAMIN, CHRISTEN-
SEN, COOK, FARRELL, GLICK, GOTTFRIED, JOHN, MARKEY, PHEFFER, WEISEN-
BERG -- read once and referred to the Committee on Education
AN ACT to amend the education law and the public authorities law, in
relation to procurement by the board of education of the city school
district of the city of New York and by the New York city school
construction authority; and to repeal subdivision 36 of section 2590-h
of the education law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 36 of section 2590-h of the education law is
2 REPEALED and a new subdivision 36 is added to read as follows:
3 36. (a) Notwithstanding any other provisions of law, ensure that all
4 contracts or agreements involving the purchase or delivery of material
5 goods, supplies, and services by or to the chancellor, the superinten-
6 dents or the schools, including any franchise or concession agreements,
7 regardless of the source of funds, are entered into in accordance with
8 the provisions of chapters thirteen and fourteen of the New York city
9 charter, the rules of the New York city procurement policy board and of
10 the New York city franchise concession and review committee. No such
11 contract or agreement shall be implemented until it has been filed and
12 registered by the comptroller pursuant to chapters five and thirteen of
13 the New York city charter. For the purposes of this subdivision, the
14 terms "contract" or "agreement" shall include any contract that directly
15 or indirectly benefits the city district, including any contract or
16 other instrument in which the city, city board, or any of its officers
17 agrees to give or receive a consideration other than the payment of
18 money;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01397-01-9
A. 1816 2
1 (b) establish standards for quality, function, and utility of all
2 material goods, supplies, and services purchased by the chancellor,
3 superintendents, or schools; and
4 (c) promulgate regulations which enable superintendents and schools to
5 purchase material goods, supplies, and services directly from vendors or
6 suppliers when such products are available at prices or other terms more
7 economically beneficial for the purposes of the acquiring superintendent
8 or school. Such regulations shall also include repair services and
9 building supplies, as defined in such regulations, for expenditures from
10 each district's minor repair and purchasing funds pursuant to section
11 twenty-five hundred ninety-r of this article.
12 § 2. Paragraph b of subdivision 1 of section 1734 of the public
13 authorities law, as added by chapter 738 of the laws of 1988, is amended
14 to read as follows:
15 b. The authority shall be subject to the provisions of section one
16 hundred one of the general municipal law and to the provisions of chap-
17 ters thirteen and fourteen of the New York city charter and the rules of
18 the New York city procurement policy board and of the New York city
19 franchise and concession review committee. No contract or agreement
20 awarded pursuant to this section shall be implemented until it has been
21 filed and registered by the comptroller pursuant to chapters five and
22 thirteen of the New York city charter.
23 § 3. This act shall take effect immediately.
