NY State Senate Bill 2009-S873

Senate Bill S873

2009-2010 Legislative Session

Relates to commodities and services contracts by non-profit corporations organized in furtherance of the objects and purposes of the state university of New York

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to finance
Jan 21, 2009	referred to finance

2009-S873 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: State Finance Law
Laws Affected:: Amd §163, St Fin L

2009-S873 (ACTIVE) - Summary

Relates to commodities and services contracts by non-profit corporations organized in furtherance of the objects and purposes of the state university of New York.

2009-S873 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S873

 TITLE OF BILL :
An act to amend the state finance law, in relation to commodities and
services contracts


 PURPOSE :
To amend the State Finance Law to authorize auxiliary services
corporations, campus-related foundations and other non-profit
corporations organized in furtherance of the objects and purposes of
the State University to participate in centralized commodities and
services contracts of the New York State Office of General Services.

 SUMMARY OF PROVISIONS :
Section 1 of the proposal amends subparagraph (iv) of paragraph a of
subdivision 3 of section 163 of the State Finance Law to authorize
non-profit corporations organized in furtherance of the objects and
purposes of the State University to participate in centralized
commodities contracts of the Office of General Services.

Section 2 amends paragraph e of subdivision 4 of section 163 of the
State Finance Law to authorize the same entities to participate in
centralized services contracts of the Office of General Services;
provided that commodities purchased by a non-profit corporation would
not be used directly or indirectly by a for-profit corporation for

resale.

Section 3 provides that the proposal takes effect immediately upon
enactment.

 EXISTING LAW :
State Finance Law §163(3)(a)iv) authorizes State and local entities,
fire companies and volunteer ambulance services to participate in
centralized commodities contracts of the Office of General Services.
State finance Law §163(4)(e) authorizes political subdivisions, the
Port Authority and State public authorities to participate in
centralized service contracts.

 JUSTIFICATION :
Sections 163(3)(a)(iv) and 163 (4)(e) of the State Finance Law provide
that the Office of General Services may permit State agencies to
purchase services and commodities, respectively, through its
centralized contracts. Over the years, these sections have been
amended to authorize local governments and schools, volunteer fire
companies and ambulance services, county extension service
associations, and others to purchase commodities through OGS
centralized contracts. Authority to purchase services through OGS
centralized contracts has been extended to local governments and
schools, public authorities and public benefit corporations. Although
many of these organizations are not governmental, they all fulfill a
public purpose. Providing them the opportunity to purchase through OGS
contracts has therefore been determined to mutually benefit both the
State and the authorized parties, by increasing the negotiating power
of OGS when entering into centralized contracts and at the same time
simplifying the procurement of required goods and services by these
organizations.

The auxiliary services corporations serve essential interests of the
State University by providing both commodities and services to the
campus communities. Campus food services and book stores are provided
by or through auxiliary services corporations on most campuses. In
many instances the auxiliary services corporations purchase goods or
services from private vendors. On occasion these may already be
available through an existing OGS centralized contract, at favorable
terms. However, the auxiliary services corporations are not among
those authorized to purchase under these centralized contracts. As a
result, they must go through a time-consuming bidding process to
purchase goods or services already available at competitive pricing
and terms through OGS.

Likewise, campus-related foundations and other SUNY-related non-profit
corporations could benefit by participating in centralized contracts
of the Office of General Services.

 LEGISLATIVE HISTORY :
2007-08, S.7839; 2005-2006, S.685-A; 2003-2004, S.284; 2001-2002,
S.5015.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately; provided., however, that the
amendments to section 163 of the state finance law made by sections
one and two of this act shall not affect the repeal of such section
and shall be deemed repealed therewith.

2009-S873 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   873

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 21, 2009
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the state finance law, in relation  to  commodities  and
  services contracts

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

  Section 1. Subparagraph (iv)  of  paragraph  a  of  subdivision  3  of
section  163  of the state finance law, as amended by chapter 430 of the
laws of 1997, is amended to read as follows:
  (iv) The commissioner is authorized to permit  any  officer,  body  or
agency of the state or of a political subdivision or a district therein,
or  fire  company  or volunteer ambulance service as such are defined in
section one hundred of the general municipal law, to make  purchases  of
commodities   through   the  office  of  general  services'  centralized
contracts, pursuant to the provisions of section one hundred four of the
general municipal law. The commissioner  is  authorized  to  permit  any
county  extension  service  association  as authorized under subdivision
eight of section two hundred twenty-four of the county law, or any asso-
ciation or other entity as specified in and in accordance  with  section
one  hundred  nine-a  of  the  general  municipal law, OR ANY NON-PROFIT
CORPORATION ORGANIZED IN FURTHERANCE OF THE OBJECTS AND PURPOSES OF  THE
STATE  UNIVERSITY  OF  NEW  YORK,  or any other association or entity as
specified in state law, to make purchases  of  commodities  through  the
office  of  general  services' centralized contracts; provided, however,
that such entity so empowered shall accept sole responsibility  for  any
payment  due with respect to such purchase; AND PROVIDED FURTHER, HOWEV-
ER, THAT COMMODITIES SO PURCHASED BY A NON-PROFIT CORPORATION  ORGANIZED
IN  FURTHERANCE  OF  THE OBJECTS AND PURPOSES OF THE STATE UNIVERSITY OF
NEW YORK SHALL NOT BE USED DIRECTLY OR INDIRECTLY BY A FOR-PROFIT CORPO-
RATION OR OTHER ENTITY WHICH CONTRACTS WITH THE NON-PROFIT  CORPORATION,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06082-01-9

S. 873                              2

NOR  SHALL  SUCH COMMODITIES SO PURCHASED BY SUCH NON-PROFIT CORPORATION
BE OFFERED FOR RESALE.
  S  2. Paragraph e of subdivision 4 of section 163 of the state finance
law, as amended by chapter 95 of the laws of 2000, is amended to read as
follows:
  e. Any officer, body or agency of a political subdivision  as  defined
in section one hundred of the general municipal law or a district there-
in,  may  make  purchases  of  services  through  the  office of general
services' centralized contracts for services, subject to the  provisions
of  section  one  hundred four of the general municipal law. The commis-
sioner may permit and prescribe  the  conditions  for  the  purchase  of
services  through  the office of general services' centralized contracts
for services by any public authority or public  benefit  corporation  of
the  state  including  the port authority of New York and New Jersey, OR
ANY NON-PROFIT CORPORATION ORGANIZED IN FURTHERANCE OF THE  OBJECTS  AND
PURPOSES  OF  THE  STATE UNIVERSITY OF NEW YORK; PROVIDED, HOWEVER, THAT
SERVICES SO PURCHASED BY A NON-PROFIT CORPORATION ORGANIZED IN  FURTHER-
ANCE  OF  THE  OBJECTS  AND PURPOSES OF THE STATE UNIVERSITY OF NEW YORK
SHALL NOT BE USED DIRECTLY OR INDIRECTLY BY A FOR-PROFIT CORPORATION  OR
OTHER  ENTITY  WHICH  CONTRACTS  WITH  THE  NON-PROFIT ORGANIZATION. The
commissioner is authorized to permit  any  public  library,  association
library,  library  system,  cooperative  library  system,  the  New York
Library Association, and the  New  York  State  Association  of  Library
Boards  or  any  other  library  except  those which are operated by for
profit entities, to make purchases of services  through  the  office  of
general  services'  centralized  contracts; provided, however, that such
entity so empowered shall accept sole responsibility for any payment due
with respect to such purchase.
  S 3. This act shall take effect immediately; provided,  however,  that
the  amendments to section 163 of the state finance law made by sections
one and two of this act shall not affect the repeal of such section  and
shall be deemed repealed therewith.

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