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
                               ___________

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REPEALED and a new subdivision 36 is added to read as follows: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.