S T A T E O F N E W Y O R K
________________________________________________________________________
2897
2011-2012 Regular Sessions
I N S E N A T E
February 3, 2011
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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.