S T A T E O F N E W Y O R K
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1816
2009-2010 Regular Sessions
I N A S S E M B L Y
January 12, 2009
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Introduced by M. of A. NOLAN, MILLMAN, DINOWITZ, COLTON, JACOBS,
O'DONNELL, PERRY -- Multi-Sponsored by -- M. of A. BENJAMIN, CHRISTEN-
SEN, COOK, FARRELL, GLICK, GOTTFRIED, JOHN, MARKEY, PHEFFER, WEISEN-
BERG -- read once and referred to the Committee on Education
AN ACT to amend the education law and the public authorities law, in
relation to procurement by the board of education of the city school
district of the city of New York and by the New York city school
construction authority; and to repeal subdivision 36 of section 2590-h
of the education law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 36 of section 2590-h of the education law is
REPEALED and a new subdivision 36 is added to read as follows:
36. (A) NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW, ENSURE THAT ALL
CONTRACTS OR AGREEMENTS INVOLVING THE PURCHASE OR DELIVERY OF MATERIAL
GOODS, SUPPLIES, AND SERVICES BY OR TO THE CHANCELLOR, THE SUPERINTEN-
DENTS OR THE SCHOOLS, INCLUDING ANY FRANCHISE OR CONCESSION AGREEMENTS,
REGARDLESS OF THE SOURCE OF FUNDS, ARE ENTERED INTO IN ACCORDANCE WITH
THE PROVISIONS OF CHAPTERS THIRTEEN AND FOURTEEN OF THE NEW YORK CITY
CHARTER, THE RULES OF THE NEW YORK CITY PROCUREMENT POLICY BOARD AND OF
THE NEW YORK CITY FRANCHISE CONCESSION AND REVIEW COMMITTEE. NO SUCH
CONTRACT OR AGREEMENT SHALL BE IMPLEMENTED UNTIL IT HAS BEEN FILED AND
REGISTERED BY THE COMPTROLLER PURSUANT TO CHAPTERS FIVE AND THIRTEEN OF
THE NEW YORK CITY CHARTER. FOR THE PURPOSES OF THIS SUBDIVISION, THE
TERMS "CONTRACT" OR "AGREEMENT" SHALL INCLUDE ANY CONTRACT THAT DIRECTLY
OR INDIRECTLY BENEFITS THE CITY DISTRICT, INCLUDING ANY CONTRACT OR
OTHER INSTRUMENT IN WHICH THE CITY, CITY BOARD, OR ANY OF ITS OFFICERS
AGREES TO GIVE OR RECEIVE A CONSIDERATION OTHER THAN THE PAYMENT OF
MONEY;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01397-01-9
A. 1816 2
(B) ESTABLISH STANDARDS FOR QUALITY, FUNCTION, AND UTILITY OF ALL
MATERIAL GOODS, SUPPLIES, AND SERVICES PURCHASED BY THE CHANCELLOR,
SUPERINTENDENTS, OR SCHOOLS; AND
(C) PROMULGATE REGULATIONS WHICH ENABLE SUPERINTENDENTS AND SCHOOLS TO
PURCHASE MATERIAL GOODS, SUPPLIES, AND SERVICES 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. SUCH REGULATIONS SHALL ALSO INCLUDE REPAIR SERVICES AND
BUILDING SUPPLIES, AS DEFINED IN SUCH REGULATIONS, FOR EXPENDITURES FROM
EACH DISTRICT'S MINOR REPAIR AND PURCHASING FUNDS PURSUANT TO SECTION
TWENTY-FIVE HUNDRED NINETY-R OF THIS ARTICLE.
S 2. Paragraph b of subdivision 1 of section 1734 of the public
authorities law, as added by chapter 738 of the laws of 1988, is amended
to read as follows:
b. The authority shall be subject to the provisions of section one
hundred one of the general municipal law AND TO THE PROVISIONS OF CHAP-
TERS THIRTEEN AND FOURTEEN OF THE NEW YORK CITY CHARTER AND THE RULES OF
THE NEW YORK CITY PROCUREMENT POLICY BOARD AND OF THE NEW YORK CITY
FRANCHISE AND CONCESSION REVIEW COMMITTEE. NO CONTRACT OR AGREEMENT
AWARDED PURSUANT TO THIS SECTION SHALL BE IMPLEMENTED UNTIL IT HAS BEEN
FILED AND REGISTERED BY THE COMPTROLLER PURSUANT TO CHAPTERS FIVE AND
THIRTEEN OF THE NEW YORK CITY CHARTER.
S 3. This act shall take effect immediately.