senate Bill S691

Allows certain not-for-profits to make purchases through use of county contracts

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO LOCAL GOVERNMENT
  • 08 / Jan / 2014
    • REFERRED TO LOCAL GOVERNMENT

Summary

Allows certain not-for-profits to make purchases through use of county contracts.

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Bill Details

See Assembly Version of this Bill:
A3762
Versions:
S691
Legislative Cycle:
2013-2014
Current Committee:
Senate Local Government
Law Section:
General Municipal Law
Laws Affected:
Add ยง109-c, Gen Muni L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S2012A, A8551A
2009-2010: S5601, A9776

Sponsor Memo

BILL NUMBER:S691

TITLE OF BILL:
An act
to amend the general municipal law, in relation to allowing
not-for-profits to make purchases through county contracts

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to authorize certain not-for-profit
corporations that provide a service to a county to make purchases or
to contract for certain services for the county in which the
not-for-profit has a contract with the same manner that political
subdivisions and districts located within the county are able to do so.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Amends the General Municipal Law by adding a new Section
109-c. The new section authorizes certain not-for-profit corporations
that provide a service to a county, to make purchases or to contract
for services, other than services subject to Article Eight, or any
provision of the Labor Law, and other than purchases of motor fuel,
diesel motor fuel or cigarettes, through the county with which the
not-for-profit has a contract.

The county may establish limitations with respect to commodities and
services and impose other appropriate conditions upon purchasing as
deemed necessary by the chief fiscal officer of the county to protect
the county's own purchasing interests Such a not-for-profit
corporation and vendor shall each be responsible for any tax due with
respect to the purchases by the not-for-profit corporation. Nothing in
this section shall be construed as altering any tax exemption
afforded to the not-for-profit corporation or as creating a
principal/agent relationship between the county and not-for-profit
corporation.

Section 2: Establishes the effective date.

JUSTIFICATION:
During these difficult economic times, local governments are
struggling to provide essential services while minimizing the impact
to taxpayers. It has and continues to be increasingly
difficult given the rising costs for both commodities and services.
One way in which local governments are successfully minimizing costs
to taxpayers is through the collaborative procurement of goods and
services with other local governments.

Since not-for-profit corporations that provide services to counties
are also under financial pressure during these economic times, this
legislation will allow not-for-profit corporations to also procure
goods and services collaboratively with local governments, to
minimize the cost of providing services.

LEGISLATIVE HISTORY:
2009-2010 - S.5601 - PASSED SENATE
2011-2012 - S2012-A - Died - Rules Committee

FISCAL IMPLICATIONS:


There are no fiscal implications.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                   691

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. STEWART-COUSINS, AVELLA, KRUEGER, STAVISKY -- 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, in relation to allowing not-
  for-profits to make purchases through county contracts

  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. PURCHASES THROUGH COUNTY CONTRACTS BY CERTAIN  NOT-FOR-PROFIT
CORPORATIONS.  NOT-FOR-PROFIT  CORPORATIONS  THAT PROVIDE A SERVICE TO A
COUNTY ARE AUTHORIZED TO MAKE PURCHASES  OR  TO  CONTRACT  FOR  SERVICES
NECESSARY  FOR THE PERFORMANCE OF SUCH SERVICE TO THE COUNTY, OTHER THAN
SERVICES SUBJECT TO ARTICLE EIGHT OR ANY PROVISIONS OF THE LABOR LAW AND
OTHER THAN PURCHASES OF MOTOR FUEL, DIESEL  MOTOR  FUEL  OR  CIGARETTES,
THROUGH  THE  COUNTY  WHICH  THE NOT-FOR-PROFIT HAS A CONTRACT WITH. THE
COUNTY  MAY  ESTABLISH  LIMITATIONS  WITH  RESPECT  TO  COMMODITIES  AND
SERVICES AND IMPOSE SUCH OTHER APPROPRIATE CONDITIONS UPON PURCHASING AS
DEEMED  NECESSARY  BY THE CHIEF FISCAL OFFICER OF THE COUNTY IN ORDER TO
PROTECT THE COUNTY'S OWN PURCHASING INTERESTS; AND  SUCH  NOT-FOR-PROFIT
CORPORATION  SHALL MAKE ANY PURCHASE PURSUANT TO THIS SECTION IN ITS OWN
NAME AND ACCEPT SOLE RESPONSIBILITY FOR ANY PAYMENT DUE  TO  THE  VENDOR
AND SUCH NOT-FOR-PROFIT CORPORATION AND VENDOR SHALL EACH BE RESPONSIBLE
FOR  ANY  TAX  DUE  WITH  RESPECT TO THE PURCHASES BY THE NOT-FOR-PROFIT
CORPORATION. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS ALTERING  ANY
TAX  EXEMPTION AFFORDED TO THE NOT-FOR-PROFIT CORPORATION OR AS CREATING
A PRINCIPAL/AGENT RELATIONSHIP BETWEEN  THE  COUNTY  AND  NOT-FOR-PROFIT
CORPORATION.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02582-01-3

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