S4314-2011 Actions

• Jan 4, 2012: REFERRED TO LOCAL GOVERNMENT
• Mar 29, 2011: REFERRED TO LOCAL GOVERNMENT

S4314-2011 Memo

BILL NUMBER:S4314

TITLE OF BILL:
An act
to amend the general municipal law, in relation to authorizing
municipalities to make purchases from other municipalities' contracts

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to allow local governments to piggyback
(participate in group or bulk purchasing) on any other local
government contracts provided that the political subdivision accepts
sole responsibility for any payment due the vendor or contractor.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends the general municipal law , as amended by
Chapter 343 of the Laws of 2007 to allow any political subdivision or
district of any county within the state to make purchases of
materials, equipment or supplies, or to contract for services, may
make such purchases, or may contract for services when available
through the county in which the political subdivision or district is
located or through any county within the State.

Section 2 of this bill is the effective date.

JUSTIFICATION:
Current law only allows local governments to make purchases from
County contracts. The bill will allow a local government the option
to purchase from a contract awarded by competitive bidding by any
other local government. This will provide local governments another
option and will help ensure that the municipality is receiving the
lowest possible cost. This will also allow municipalities to obtain
pricing on goods and services that may not be purchased by a County,
allowing the local government to purchase the goods without delay and
without the expense of issuing a formal competitive bid.

LEGISLATIVE HISTORY:
New Bill- 2011

FISCAL IMPLICATIONS:
None to the State; will result in savings to local governments within
New York State.

EFFECTIVE DATE:
This act shall take effect immediately.

S4314-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         4314
 2011-2012 Regular Sessions
 I N  SENATE
 March 29, 2011
 
 Introduced  by  Sen.  STEWART-COUSINS -- read twice and ordered printed,
 and when printed to be committed to the Committee on Local Government
 

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:

 

Section 1. Subdivision 3 of section 103 of the general municipal  law,
 as  amended  by  chapter  343 of the laws of 2007, is amended to read as
 follows:

 3. Notwithstanding the provisions of subdivision one of this  section,
 any  officer,  board  or  agency  of  a  political subdivision or of any
 district therein authorized to make purchases of materials, equipment or
 supplies, or to contract for services, may make such purchases,  or  may
 contract  for  services, other than services subject to article eight or
 nine of the labor law, when available, through: (A) the county in  which
 the  political  subdivision or district is located; or [through] (B) any
 county within the state subject to the  rules  established  pursuant  to
 subdivision  two  of  section four hundred eight-a of the county law; OR
 (C) ANOTHER POLITICAL SUBDIVISION OR DISTRICT OF ANY COUNTY  WITHIN  THE
 STATE  SUBJECT  TO  THE RULES ESTABLISHED PURSUANT TO SUBDIVISION TWO OF
 SECTION FOUR HUNDRED EIGHT-A OF THE COUNTY LAW; provided that the  poli
 tical  subdivision  or  district for which such officer, board or agency
 acts shall accept sole responsibility for any payment due the vendor  or
 contractor.  All  purchases and all contracts for such services shall be
 subject to audit and inspection by the political subdivision or district
 for which made. Prior to making such purchases or contracts the officer,
 board or agency shall consider whether such  contracts  will  result  in
 cost savings after all factors, including charges for service, material,
 and  delivery,  have  been  considered. No officer, board or agency of a
 political subdivision or of any district therein shall make any purchase
 or contract for any such services through the county in which the  poli
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10453-01-1
 
       S. 4314                             2
 tical  subdivision  or  district is located or through any county within
 the state OR THROUGH ANOTHER POLITICAL SUBDIVISION OR  DISTRICT  OF  ANY
 COUNTY  WITHIN  THE STATE when bids have been received for such purchase
 or  such services by such officer, board or agency, unless such purchase
 may be made or the contract for such services may be entered  into  upon
 the  same  terms, conditions and specifications at a lower price through
 the county.
 

S 2. This act shall take effect immediately.

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