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

                                  7418

                            I N  S E N A T E

                              April 8, 2010
                               ___________

Introduced  by  Sen.  KRUGER  --  (at  request  of the Office of General
  Services) -- read twice and ordered printed, and when  printed  to  be
  committed to the Committee on Finance

AN  ACT  to  amend the New York state printing and public documents law,
  the state finance law, the not-for-profit corporation law, the  educa-
  tion  law,  the  general  municipal law and chapter 741 of the laws of
  1985, relating to  authorizing  certain  charitable  organizations  to
  purchase commodities under contracts let by the state office of gener-
  al  services, in relation to the procurement of departmental printing;
  and to repeal certain provisions of the New York  state  printing  and
  public documents law relating thereto

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

  Section 1. Section 3 of the New York state printing and  public  docu-
ments law, as added by chapter 160 of the laws of 1976, subdivision 1 as
amended  by chapter 849 of the laws of 1987 and subdivision 5 as amended
by chapter 346 of the laws of 1991, is amended to read as follows:
  S 3. Powers and duties of commissioner OF GENERAL SERVICES  AND  STATE
AGENCIES  IN  PURCHASING  PRINTING.    1.  The  commissioner  of general
services  shall  have  general  supervision  over  the  letting  of  all
contracts  for  public printing provided to be made herein. In addition,
the commissioner shall exercise such  further  supervision  and  control
over  all  contracts  for department printing [as herein defined that he
has heretofore exercised or may hereafter deem] PURSUANT TO SECTION  ONE
HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW, AS IF THE PURCHASE OF SUCH
DEPARTMENT  PRINTING  FROM SUCH CONTRACTS WERE THE PURCHASE OF A COMMOD-
ITY. THE COMMISSIONER OF GENERAL SERVICES  MAY,  AS  DEEMED  appropriate
[including,  but not limited to, the establishment of], ESTABLISH stand-
ard sizes and grades of paper and  OTHER  NECESSARY  specifications  for
paper;  provided,  however, that such specifications shall be in accord-
ance with those established pursuant to section one hundred [sixty-four]
SIXTY-THREE AND SUBDIVISION THREE OF SECTION ONE HUNDRED  SIXTY-FIVE  of
the state finance law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15968-01-0
              

S. 7418                             2

  (A)  THE COMMISSIONER OF GENERAL SERVICES SHALL BE RESPONSIBLE FOR THE
STANDARDIZATION AND CENTRALIZED  CONTRACTING  OF  PRINTING  REQUIRED  BY
STATE  AGENCIES  IN  A  MANNER  WHICH  MAXIMIZES THE PURCHASING VALUE OF
PUBLIC FUNDS. PURSUANT TO SECTION ONE HUNDRED SIXTY-THREE OF  THE  STATE
FINANCE  LAW, CONTRACTS FOR PRINTING MAY BE ESTABLISHED BY THE OFFICE OF
GENERAL SERVICES OR STATE AGENCIES, AND STATE AGENCIES  MAY,  WHEN  SUCH
CENTRALIZED  CONTRACTS ESTABLISHED BY THE OFFICE OF GENERAL SERVICES ARE
IN THE FORM, FUNCTION OR UTILITY REQUIRED BY SAID AGENCY, PURCHASE  FROM
SUCH  CENTRALIZED  CONTRACTS.  WHEN PRINTING IS NOT AVAILABLE CONSISTENT
WITH THE PROVISIONS OF SECTION ONE  HUNDRED  SIXTY-THREE  OF  THE  STATE
FINANCE LAW IN THE FORM, FUNCTION OR UTILITY REQUIRED BY STATE AGENCIES,
STATE AGENCIES MAY PROCURE PRINTING INDEPENDENTLY OR IN CONJUNCTION WITH
OTHER STATE AGENCIES.
  (B)  PRINTING  CONTRACTS SHALL BE AWARDED ON THE BASIS OF LOWEST PRICE
TO A RESPONSIVE AND RESPONSIBLE OFFEROR; OR  IN  THE  CASE  OF  MULTIPLE
AWARDS, IN ACCORDANCE WITH PARAGRAPH C OF SUBDIVISION TEN OF SECTION ONE
HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW.
  2. [The commissioner may appoint an expert printer and such assistants
and  employees  as  shall  be  authorized  by appropriations made by the
legislature therefor, and such employees shall receive such salaries  as
shall be fixed by the legislature in such appropriation.
  3. It shall be the duty of said commissioner, in accordance with rules
and  regulations to be prescribed by him, to let to the lowest responsi-
ble bidder, as hereinafter provided, and as will best promote the public
interest, all contracts for the work embraced in the legislative  print-
ing  and department printing as those terms are in this chapter defined,
except printing done pursuant to law in the correctional  facilities  of
the  state,  in the state charitable and benevolent institutions for the
benefit of such institutions, or  by  the  board  or  commission  having
fiscal  control  of such institutions, the printing of examination ques-
tion papers or printing done for the education department or the schools
under its jurisdiction in the rooms of the university of  the  state  of
New  York  by  its  employees,  the  stationery used by the legislature,
briefs and cases on appeal and the bulletins issued by  the  Geneva  and
Ithaca experimental stations.] No contract for department printing shall
be  let  to  a bidder who, in the opinion of the commissioner OF GENERAL
SERVICES, does not have satisfactory facilities and equipment which  are
ample and sufficient to insure proper performance of the contract or who
has  failed to give adequate security in an amount which may be required
by [the] SUCH commissioner. Provided further, however, that no  contract
shall  be let to a bidder other than the lowest responsible bidder with-
out the written approval of the comptroller.
  [4. The said commissioner shall adopt and promulgate appropriate rules
and regulations touching the manner of the performance of his  work  and
prescribing the form and manner of advertisement for bids and all requi-
sitions  made upon him for printing, except that said commissioner shall
make no rule or regulation inconsistent with  or  in  violation  of  the
provisions of this chapter.
  5.]  3.  Notwithstanding  any  of  the  foregoing  provisions  of this
section, or of any general or special act, the commissioner  OF  GENERAL
SERVICES  may  contract  for  printing  to an amount not exceeding [ten]
EIGHTY-FIVE thousand dollars without  FORMAL  competitive  bidding,  and
[may  by  rule  prescribing  the  amount,  not  exceeding  five thousand
dollars,  authorize]  other  state  departments  and  agencies  [to  let
contracts,]  MAY  CONTRACT  TO  AN  AMOUNT  NOT EXCEEDING FIFTY THOUSAND
DOLLARS without FORMAL competitive bidding,  for  printing  required  by

S. 7418                             3

them.  [Such  rule  shall  prescribe the form, manner and content of the
notice to be given to prospective vendors, the  form  of  specifications
and proposals for such printing, and the method used in making an award,
except  that  as  such  specifications  relate to the paper required for
printing they shall be in accordance with those established pursuant  to
section one hundred sixty-four of the state finance law.
  Multiple  purchases  of  identical  items  of  printing  and  printing
supplies, made by such other department or  agency  without  competitive
bidding  within a period of sixty days, shall not exceed the sum of five
thousand dollars.]
  4. THE COMMISSIONER OF GENERAL SERVICES 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 PRINTING THROUGH THE OFFICE OF GENERAL  SERVICES'  CENTRAL-
IZED  CONTRACTS,  PURSUANT TO THE PROVISIONS OF SECTION ONE HUNDRED FOUR
OF THE GENERAL MUNICIPAL LAW. THE COMMISSIONER OF  GENERAL  SERVICES  IS
AUTHORIZED TO PERMIT ANY COUNTY EXTENSION SERVICE ASSOCIATION AS AUTHOR-
IZED  UNDER  SUBDIVISION EIGHT OF SECTION TWO HUNDRED TWENTY-FOUR OF THE
COUNTY LAW, OR ANY ASSOCIATION OR OTHER ENTITY AS SPECIFIED  IN  AND  IN
ACCORDANCE WITH SECTION ONE HUNDRED NINE-A OF THE GENERAL MUNICIPAL LAW,
OR  ANY  OTHER  ASSOCIATION OR ENTITY AS SPECIFIED IN STATE LAW, TO MAKE
PURCHASES OF PRINTING THROUGH THE OFFICE OF GENERAL  SERVICES'  CENTRAL-
IZED  CONTRACTS.  THE  COMMISSIONER  OF  GENERAL SERVICES MAY PERMIT AND
PRESCRIBE THE CONDITIONS FOR, (A) ANY ASSOCIATION, CONSORTIUM  OR  GROUP
OF  PRIVATELY  OWNED  OR  MUNICIPAL,  FEDERAL OR STATE OWNED OR OPERATED
HOSPITALS, MEDICAL SCHOOLS, OTHER HEALTH RELATED FACILITIES OR VOLUNTARY
AMBULANCE SERVICES, WHICH HAVE ENTERED INTO A CONTRACT AND  MADE  MUTUAL
ARRANGEMENTS  FOR  THE  JOINT  PURCHASE  OF PRINTING PURSUANT TO SECTION
TWENTY-EIGHT HUNDRED THREE-A OF THE PUBLIC HEALTH LAW; (B) ANY  INSTITU-
TION  FOR  THE INSTRUCTION OF THE DEAF OR OF THE BLIND LISTED IN SECTION
FORTY-TWO HUNDRED ONE OF THE EDUCATION LAW; (C) ANY  QUALIFIED  NON-PRO-
FIT-MAKING AGENCY FOR THE BLIND APPROVED BY THE COMMISSIONER OF CHILDREN
AND  FAMILY  SERVICES;  (D)  ANY  QUALIFIED CHARITABLE NON-PROFIT-MAKING
AGENCY FOR THE SEVERELY DISABLED APPROVED BY THE COMMISSIONER OF  EDUCA-
TION; (E) ANY HOSPITAL OR RESIDENTIAL HEALTH CARE FACILITY AS DEFINED IN
SECTION  TWENTY-EIGHT  HUNDRED  ONE  OF  THE  PUBLIC HEALTH LAW; (F) ANY
PRIVATE NOT-FOR-PROFIT MENTAL HYGIENE FACILITY  AS  DEFINED  IN  SECTION
1.03  OF  THE MENTAL HYGIENE LAW; AND (G) ANY PUBLIC AUTHORITY OR PUBLIC
BENEFIT CORPORATION OF THE STATE, INCLUDING THE PORT  AUTHORITY  OF  NEW
YORK AND NEW JERSEY AND THE INTERSTATE ENVIRONMENTAL COMMISSION, TO MAKE
PURCHASES  USING CENTRALIZED CONTRACTS FOR COMMODITIES. THE COMMISSIONER
OF GENERAL SERVICES IS AUTHORIZED TO PERMIT ANY PUBLIC LIBRARY,  ASSOCI-
ATION  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 PRINTING  THROUGH  THE  OFFICE  OF
GENERAL  SERVICES'  CENTRALIZED CONTRACTS. HOWEVER, ALL SUCH ENTITIES SO
EMPOWERED SHALL ACCEPT SOLE RESPONSIBILITY  FOR  ANY  PAYMENT  DUE  WITH
RESPECT TO SUCH PURCHASE.
  S 2. Section 6 of the New York state printing and public documents law
is REPEALED.
  S 3. Section 7 of the New York state printing and public documents law
is REPEALED.

S. 7418                             4

  S  4.  Section  8  of the New York state printing and public documents
law, as amended by chapter 704 of the laws of 1964 and as renumbered  by
chapter 160 of the laws of 1976, is amended to read as follows:
  S 8. Right to annul contracts.  Upon the failure or non-performance of
the  terms  of  any  of the contracts [set forth in] AWARDED PURSUANT TO
this chapter OR PURSUANT TO SECTION ONE HUNDRED SIXTY-THREE OF THE STATE
FINANCE LAW, AS APPLICABLE, on the part  of  the  contractors  with  the
state,  the  commissioner  OF  GENERAL  SERVICES OR THE STATE AGENCY, AS
APPLICABLE, may annul the contract in which  default  is  made  and  the
comptroller  shall  withhold  payment  from  the contractor for all work
[done by him] PERFORMED THEREUNDER until the damage to the  state  shall
be  ascertained  by  proper adjudication, and the [said] commissioner OF
GENERAL SERVICES OR THE STATE AGENCY, AS APPLICABLE may [readvertise and
enter into a] RELET THE contract for the balance of the uncompleted term
of any contract so annulled or abrogated in the manner prescribed in the
provisions of this chapter OR SECTION ONE  HUNDRED  SIXTY-THREE  OF  THE
STATE FINANCE LAW, AS APPLICABLE.
  S  5.  Subdivision 3 of section 160 of the state finance law, as added
by chapter 83 of the laws of 1995, is amended to read as follows:
  3.  "Commodity"  or  "commodities"  means[,  except  with  respect  to
contracts  for  state  printing,]  material  goods,  supplies, products,
construction items or other standard articles  of  commerce  other  than
technology which are the subject of any purchase or other exchange.
  S  6.  Subdivision 7 of section 160 of the state finance law, as added
by chapter 83 of the laws of 1995, is amended to read as follows:
  7. "Service" or "services" means[, except with  respect  to  contracts
for  state printing,] the performance of a task or tasks and may include
a material good or a quantity  of  material  goods,  and  which  is  the
subject  of  any  purchase  or  other exchange. For the purposes of this
article, technology shall be deemed a service. Services, as  defined  in
this  article,  shall  not  apply  to those contracts for architectural,
engineering or  surveying  services,  or  those  contracts  approved  in
accordance with article eleven-B of this chapter.
  S  7.  Paragraph (g) of section 1509 of the not-for-profit corporation
law, as added by chapter 151 of the laws of 1992, is amended to read  as
follows:
  (g)  Purchases through office of general services. Notwithstanding the
provisions of any general, special or local law, any officer or agent of
a cemetery corporation subject to the provisions of this article author-
ized to make purchases of [materials,  equipment  or  supplies]  COMMOD-
ITIES,  SERVICES  AND  TECHNOLOGY  may  make  such purchases[, except of
printed material,] through the office of  general  services  subject  to
such  rules  as may be established from time to time pursuant to section
one hundred sixty-three of the state finance law; provided that any such
purchase shall exceed five hundred dollars and that the cemetery  corpo-
ration  for which such officer or agent acts shall accept sole responsi-
bility for any payment due the vendor. All purchases shall be subject to
audit and inspection by the cemetery corporation for which made. Two  or
more cemetery corporations may join in making purchases pursuant to this
section  and,  for  the  purposes  of this section, such groups shall be
deemed a cemetery corporation.
  S 8. Paragraph i of subdivision 3 of section 236 of the education law,
as added by chapter 9 of the  laws  of  1979,  is  amended  to  read  as
follows:
  i.  Any  corporation  created under the provisions of this section may
make purchases[, except of printed material, through the state divisions

S. 7418                             5

of standards and quality control; and of purchasing in the]  OF  COMMOD-
ITIES,  SERVICES  AND  TECHNOLOGY THROUGH THE office of general services
subject to such rules as may be established from time to  time  pursuant
to  section  one  hundred sixty-three of the state finance law; provided
that each such purchase shall have a cost of  five  hundred  dollars  or
more  and that said corporation shall accept sole responsibility for any
payment of such cost due the vendor.
  S 9. Section 258-a of the education law, as added by  chapter  106  of
the laws of 1980, is amended to read as follows:
  S 258-a. Purchases   by   museums,  historical  societies,  zoological
gardens, aquariums, botanical gardens and  arboreta  through  office  of
general  services.    Museums, historical societies, zoological gardens,
aquariums, botanical gardens and arboreta which are chartered or  incor-
porated  by  the  regents  or  otherwise  formed pursuant to section two
hundred sixteen of this chapter or otherwise pursuant  to  the  laws  of
this state and are also non-profit may make purchases[, except of print-
ed material,] OF COMMODITIES, SERVICES AND TECHNOLOGY through the [state
division  of  standards  and purchase in the] office of general services
subject to such rules as may be established from time to  time  pursuant
to  section  one  hundred sixty-three of the state finance law; provided
that each such purchase shall have a cost of  five  hundred  dollars  or
more and that said museum, historical society, zoological garden, aquar-
ium,  botanical  garden or arboreta shall accept sole responsibility for
any payment of such cost due the vendor.
  S 10. Section 6404 of the education law, as added by  chapter  734  of
the laws of 1976, is amended to read as follows:
  S 6404. Purchases by certain independent institutions.  Any postsecon-
dary  institution  chartered under the powers of the regents pursuant to
section two hundred sixteen OF THIS  CHAPTER  or  incorporated  under  a
special  act  of  the legislature may make purchases[, except of printed
material,] OF COMMODITIES, SERVICES AND TECHNOLOGY pursuant to the terms
of contracts let by the [state division of  standards  and  purchase  in
the]  office  of general services subject to such rules as may be estab-
lished from time to time pursuant to section one hundred sixty-three  of
the  state  finance  law which may establish limitations with respect to
commodities, SERVICES AND TECHNOLOGY and impose such  other  appropriate
conditions  upon  purchasing  as deemed necessary by the commissioner of
general services in order to protect the state's own  purchasing  inter-
ests; provided that each such purchase shall have a cost of five hundred
dollars or more and that said corporation shall accept sole responsibil-
ity for any payment of such cost due the vendor.
  S  11. Section 104 of the general municipal law, as amended by chapter
137 of the laws of 2008, is amended to read as follows:
  S 104. Purchase through office of  general  services.  Notwithstanding
the  provisions  of  section one hundred three of this article or of any
other general, special or local law, any officer, board or agency  of  a
political  subdivision, of a district therein, of a fire company or of a
voluntary ambulance service authorized to make purchases of  [materials,
equipment,   food  products,  or  supplies,  or  services]  COMMODITIES,
SERVICES AND TECHNOLOGY available  pursuant  to  [sections  one  hundred
sixty-one  and  one hundred sixty-seven] SECTION ONE HUNDRED SIXTY-THREE
of the state finance law, may make such purchases[,  except  of  printed
material,]  through the office of general services subject to such rules
as may be established from  time  to  time  pursuant  to  [sections  one
hundred  sixty-three  and  one  hundred sixty-seven] SECTION ONE HUNDRED
SIXTY-THREE of the state finance law or  through  the  general  services

S. 7418                             6

administration  pursuant  to  section  1555  of  the federal acquisition
streamlining act of 1994, P.L. 103-355; provided that any such  purchase
shall  exceed  five  hundred dollars and that the political subdivision,
district,  fire  company  or  voluntary ambulance service for which such
officer, board or agency acts shall accept sole responsibility  for  any
payment  due  the  vendor.  All  purchases shall be subject to audit and
inspection by the  political  subdivision,  district,  fire  company  or
voluntary  ambulance service for which made. No officer, board or agency
of a political subdivision, or a district therein, of a fire company  or
of  a  voluntary  ambulance service shall make any purchase through such
office when bids have been received for such purchase by  such  officer,
board  or  agency, unless such purchase may be made upon the same terms,
conditions and specifications at a lower price through such office.  Two
or  more  fire  companies  or  voluntary  ambulance services may join in
making purchases pursuant to this section, and for the purposes of  this
section  such  groups shall be deemed "fire companies or voluntary ambu-
lance services."
  S 12. Section 109-a of the general municipal law, as amended by  chap-
ter 502 of the laws of 2002, is amended to read as follows:
  S  109-a.  Purchases through the office of general services by certain
public associations. The New York State  Association  of  Counties,  the
Association  of  Towns of the State of New York, the New York State Town
Clerk's Association, Inc., the New York State Conference of  Mayors  and
Other Municipal Officials, the New York State School Boards Association,
Inc.,  the  New  York  Planning  Federation  and the Association of Fire
Districts of the State of New York, the New York  State  Association  of
School  Business  Officials, the New York state council of school super-
intendents, any nonpublic elementary  and/or  secondary  school  of  the
state  of  New  York, which provides the instruction required by section
thirty-two hundred four and article seventeen of the education law,  and
which  is  chartered  by,  registered with or subject to examination and
inspection by the department of education and which is a not for  profit
institution and 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,  may  make  purchases[,
except  of  printed  material,]  through  the office of general services
subject to such rules as may be established from time to  time  pursuant
to  [sections]  SECTION  one hundred sixty-three [and one hundred sixty-
five] of the state finance law and subdivision eight-a  of  section  one
hundred  three  of  this  article  which  may establish limitations with
respect to commodities, SERVICES AND TECHNOLOGY and  impose  such  other
appropriate  conditions  upon  purchasing  as  deemed  necessary  by the
commissioner of general services in order to  protect  the  state's  own
purchasing  interests;  and  that  such  association,  school,  library,
library system or cooperative library system shall accept sole responsi-
bility for any payment due the vendor. Boards of  education  may  permit
such  nonpublic  schools  to  make  purchases  pursuant  to this section
through the school district in which the nonpublic  school  is  located,
provided  that  any administrative costs incurred by the school district
will be paid by the nonpublic school.
  S 13. Subdivision (a) of section 2 of chapter 741 of the laws of 1985,
relating to authorizing certain  charitable  organizations  to  purchase
commodities under contracts let by the state office of general services,
as  amended  by  chapter  134 of the laws of 1994, is amended to read as
follows:

S. 7418                             7

  (a) Any charitable organization or federation of charitable  organiza-
tions,  as  defined  in subdivision (b) of this section, maintaining its
office in a county of the state and performing all  or  the  predominant
part of its charitable, benevolent or philanthropic services or conduct-
ing  all  or  the  predominant  part  of  its solicitation of charitable
contributions in such county and any county, town or other  agricultural
society,  the  American  institute  of  the city of New York, performing
their activities in any such county on  or  after  January  1,  1993  is
authorized  to make purchases[, except of printed material,] pursuant to
the terms of contracts let by the [state divisions of purchasing and  of
standards  and  quality  control  in  the]  office  of general services,
subject to such rules as may be established from time to time under  the
provisions  of section 163 of the state finance law, which may establish
limitations with respect to commodities,  SERVICES  AND  TECHNOLOGY  and
impose  such  other  appropriate  conditions  upon  purchasing as deemed
necessary by the commissioner of general services in  order  to  protect
the  state's  own purchasing interests; provided that each such purchase
shall exceed five hundred dollars and that such charitable  organization
or federation of charitable organizations shall accept sole responsibil-
ity for any payment due the vendor.
  S  14.  This act shall take effect on the ninetieth day after it shall
have become a law; provided, however,  that  procurement  contracts  for
which  bid solicitations have been issued prior to the effective date of
this act shall be subject to the provisions of law in effect at the time
of issuance.