Authorizes villages, towns and counties to enter into shared procurement contracts to purchase telecommunications and information technology systems with the state education department, local schools and BOCES districts.
Ayes (7): Martins, Ball, McDonald, Ritchie, Stewart-Cousins, Oppenheimer, Klein
Nays (1): Little
TITLE OF BILL: An act to amend the general municipal law and the education law, in relation to purchasing services through the department of education
SUMMARY OF PROVISIONS: Section 1 adds a new section 109-c to the General Municipal Law that provides that a village, town or county is authorized to make purchases through the Department of Education or any local school district or BOCES district.
Section 2 amends the Education Law to add a new Article 25, Shared Contracts. New section 1210, shared telecommunications and information technology services, permits the Commissioner of Education and any local school district or BOCES district to share procurement contracts for telecommunications and information technology services with any village, town or county.
Section 3 provides that the act shall take effect immediately and shall apply to procurement contracts entered into on or after such effective date.
PURPOSE & JUSTIFICATION: Although there are several laws relating to shared municipal services, local governments are not currently allowed to share services with the Education Department or local school and BOCES districts. Local governments need to utilize least cost, highest value telecommunication and information service, meeting all government security standards, to communicate with partners such as the Office of Court Administration, County Real Property, County Treasurer and the New York State Motor Vehicle Department. Many school districts have invested in telecommunication and information technology systems that are currently under utilized, or would benefit from upgraded systems which would be less expensive if shared with local governments within the district. In rural areas particularly, population size and revenues available make it inefficient for local governments or school districts to invest in stand alone telecommunication and information technology systems, while sharing of these contracts can allow each to have upgraded systems and at the same time provide savings to taxpayers.
LEGISLATIVE HISTORY: 2006, S.7261; 2007-08, S.2991; 2009-10, S.2915
FISCAL IMPLICATIONS: None to state; can provide savings to local governments, local school districts and BOCES districts.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 2897 2011-2012 Regular Sessions IN SENATE February 3, 2011 ___________Introduced by Sens. DeFRANCISCO, BONACIC, GRIFFO, JOHNSON, LARKIN, MAZIARZ, RANZENHOFER, SALAND -- 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 and the education law, in relation to purchasing services through the department of education THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The general municipal law is amended by adding a new section 109-c to read as follows: S 109-C. PURCHASE OF SERVICES THROUGH STATE EDUCATION DEPARTMENT. NOTWITHSTANDING THE PROVISIONS OF SECTION ONE HUNDRED THREE OF THIS ARTICLE OR ANY OTHER GENERAL, SPECIAL OR LOCAL LAW, ANY OFFICER, BOARD OR AGENCY OF A VILLAGE, TOWN OR COUNTY IS AUTHORIZED TO MAKE PURCHASES THROUGH THE DEPARTMENT OF EDUCATION OR ANY LOCAL SCHOOL OR BOARD OF COOPERATIVE EDUCATION SERVICES (BOCES) DISTRICT SUBJECT TO SUCH RULES AND REGULATIONS AS MAY BE ESTABLISHED FROM TIME TO TIME PURSUANT TO SECTION ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW OR THROUGH THE GENERAL SERVICES ADMINISTRATION PURSUANT TO SECTION 1555 OF THE FEDERAL ACQUISITION STREAMLINING ACT OF 1994. ALL PURCHASES SHALL BE SUBJECT TO AUDIT AND INSPECTION BY THE VILLAGE, TOWN OR COUNTY. NO OFFICER, BOARD OR AGENCY OF A VILLAGE, TOWN OR COUNTY SHALL MAKE A PURCHASE THROUGH SUCH DEPARTMENT, SCHOOL OR BOCES DISTRICT WHEN BIDS HAVE BEEN RECEIVED FOR SUCH PURCHASE BY SUCH OFFICER, BOARD OR AGENCY, UNLESS SUCH PURCHASE MAY BE MADE UPON THE SAME TERMS, CONDITIONS AND SPECIFICATIONS AT A LOWER PRICE THROUGH SUCH DEPARTMENT, SCHOOL OR BOCES DISTRICT. S 2. The education law is amended by adding a new article 25 to read as follows: ARTICLE 25 SHARED CONTRACTS SECTION 1210. SHARED TELECOMMUNICATIONS AND INFORMATION TECHNOLOGY SERVICES.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03773-01-1 S. 2897 2
S 1210. SHARED TELECOMMUNICATIONS AND INFORMATION TECHNOLOGY SERVICES. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, THE COMMISSIONER AND ANY LOCAL SCHOOL OR BOARD OF COOPER- ATIVE EDUCATIONAL SERVICES DISTRICT SHALL BE AUTHORIZED TO ENTER INTO AGREEMENTS TO SHARE PROCUREMENT CONTRACTS FOR TELECOMMUNICATIONS AND INFORMATION TECHNOLOGY SERVICES, AS REFERENCED IN SCHOOL DISTRICT CAPI- TAL EQUIPMENT AS DEFINED IN SUBDIVISION FORTY-THREE OF SECTION SIXTEEN HUNDRED SEVENTY-SIX OF THE PUBLIC AUTHORITIES LAW, OFFERED BY THE DEPARTMENT WITH ANY OFFICER, BOARD OR AGENCY OF A VILLAGE, TOWN OR COUN- TY. S 3. This act shall take effect immediately, and shall apply to procurement contracts entered into on or after such effective date.