S4802-2011 Actions

• Jan 4, 2012: REFERRED TO EDUCATION
• Apr 25, 2011: REFERRED TO EDUCATION

S4802-2011 Memo

BILL NUMBER:S4802

TITLE OF BILL:
An act
to amend the education law, in relation to preventing boards of
cooperative educational services from bidding on certain contracts

PURPOSE:
This legislation would prohibit the state funded BOCES from bidding on
contracts against private New York businesses.

SUMMARY OF PROVISIONS:
Section 1 of the bill amends subdivision 4 of section 1950 of the
education law to prohibit boards of cooperative educational services
from bidding on contracts against any "private business entity". It
also defines the term "private business entity" in relation to this
section.

Section 2 of the bill provides for an effective date.

JUSTIFICATION:
The Board of Cooperative Educational Services (BOCES) is a public
organization and its operation(s) are funded by New York State
taxpayers. When BOCES bids for contracts against a private business,
owned by a New York State taxpayer, that person is essentially
bidding against him/her self. This legislation would prohibit BOCES
from bidding on contracts against a privately owned business.

PRIOR LEGISLATIVE HISTORY:
S.8441 of 2009/2010

FISCAL IMPLICATIONS:

EFFECTIVE DATE:
This act shall take effect immediately.

S4802-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         4802
 2011-2012 Regular Sessions
 I N  SENATE
 April 25, 2011
 
 Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
 printed to be committed to the Committee on Education
 

AN ACT to amend the education law, in relation to preventing  boards  of
 cooperative educational services from bidding on certain contracts
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Subdivision 4 of section  1950  of  the  education  law  is
 amended by adding a new paragraph oo to read as follows:

 OO. (1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A BOARD OF COOPER
 ATIVE  EDUCATIONAL SERVICES SHALL NOT BID, QUOTE OR PROVIDE PRODUCTS AND
 SERVICES FOR ANY CONTRACT AGAINST ANY PRIVATE BUSINESS ENTITY, THAT SUCH
 PRIVATE BUSINESS ENTITY PROVIDES THE SAME OR  IDENTICAL  SERVICES  AS  A
 BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
 (2) FOR THE PURPOSES OF THIS PARAGRAPH "PRIVATE BUSINESS ENTITY" MEANS
 ANY PRIVATELY-OWNED FOR-PROFIT BUSINESS ENTITY INCLUDING, BUT NOT LIMIT
 ED TO ANY CORPORATION, PARTNERSHIP OR LIMITED LIABILITY COMPANY.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01261-01-1

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