Assembly Bill A10566

2009-2010 Legislative Session

Relates to procurement of materials and supplies by superintendents and schools

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Archive: Last Bill Status - In Assembly 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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2009-A10566 (ACTIVE) - Details

Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Amd §305, Ed L; amd §163, St Fin L
Versions Introduced in Other Legislative Sessions:
2011-2012: A272
2013-2014: A4883
2015-2016: A1402
2017-2018: A2073
2019-2020: A4325
2021-2022: A5196

2009-A10566 (ACTIVE) - Summary

Authorizes the commissioner of education to promulgate regulations which enable superintendents and schools to purchase material goods and supplies directly from vendors or suppliers when such products are available at prices or other terms more economically beneficial for the purposes of the acquiring superintendent or school.

2009-A10566 (ACTIVE) - Sponsor Memo

2009-A10566 (ACTIVE) - Bill Text download pdf

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

                                  10566

                          I N  A S S E M B L Y

                              April 7, 2010
                               ___________

Introduced  by  M.  of  A.  MONTESANO  --  read once and referred to the
  Committee on Education

AN ACT to amend the education law and the state finance law, in relation
  to authorizing superintendents and schools to purchase certain materi-
  al goods and supplies independently

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

  Section 1. Section 305 of the education law is amended by adding a new
subdivision 42 to read as follows:
  42.  THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS NECESSARY
TO ENABLE SUPERINTENDENTS AND SCHOOLS TO  PURCHASE  MATERIAL  GOODS  AND
SUPPLIES  DIRECTLY  FROM  VENDORS  OR  SUPPLIERS  WHEN SUCH PRODUCTS ARE
AVAILABLE AT PRICES OR OTHER TERMS MORE ECONOMICALLY BENEFICIAL FOR  THE
PURPOSES OF THE ACQUIRING SUPERINTENDENT OR SCHOOL.
  S  2.  Subparagraph (i) of paragraph a of subdivision 5 of section 163
of the state finance law, as added by chapter 83 of the laws of 1995, is
amended to read as follows:
  (i) For commodities, upon such determination of need,  state  agencies
shall ascertain whether the commodity is available in the form, function
and  utility  consistent  with their needs from preferred sources and if
so, shall purchase said commodity from a preferred source in  accordance
with the provisions of this article. If not so available, state agencies
shall determine whether the commodity is available in the form, function
and utility consistent with their needs on a centralized contract and if
so, except as provided in subparagraph (v) of paragraph a of subdivision
three  of this section, shall purchase said commodity using the central-
ized contract, PROVIDED, HOWEVER, THAT SUPERINTENDENTS AND  SCHOOLS  MAY
PROCURE  SUCH  COMMODITIES  INDEPENDENTLY IN ACCORDANCE WITH REGULATIONS
ESTABLISHED BY THE COMMISSIONER OF EDUCATION AS PROVIDED FOR IN SUBDIVI-
SION FORTY-TWO OF SECTION THREE HUNDRED FIVE OF THE EDUCATION LAW.  If a
commodity is not available in the form, function and utility  consistent
with the needs of the state agency from a preferred source or a central-
ized  contract  or as provided for in subparagraph (v) of paragraph a of
subdivision three of this section, the  state  agency  may  procure  the

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

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