Prohibits BOCES from bidding, quoting or providing products and services for any contract against any private business entity; defines private business entity.
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
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 4802 2011-2012 Regular Sessions IN 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