senate Bill S2012A

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
May 08, 2012 advanced to third reading
May 07, 2012 2nd report cal.
May 02, 2012 1st report cal.690
Apr 18, 2012 print number 2012a
amend and recommit to local government
Jan 04, 2012 referred to local government
Jun 24, 2011 committed to rules
Feb 15, 2011 advanced to third reading
Feb 14, 2011 2nd report cal.
Feb 08, 2011 1st report cal.78
Jan 14, 2011 referred to local government

Votes

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May 2, 2012 - Local Government committee Vote

S2012A
7
0
committee
7
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Local Government committee vote details

Local Government Committee Vote: May 2, 2012

aye wr (1)

Feb 8, 2011 - Local Government committee Vote

S2012
7
1
committee
7
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Feb 8, 2011

nay (1)

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S2012 - Bill Details

See Assembly Version of this Bill:
A8551A
Current Committee:
Senate Rules
Law Section:
General Municipal Law
Laws Affected:
Add §109-c, Gen Muni L
Versions Introduced in 2009-2010 Legislative Session:
S5601, A9776

S2012 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S2012

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:

To allow not-for-profit corporations that provide services to a county
to make purchases or to contract for services through the county
which the not-for-profit has a contract with in the same manner that
political subdivisions and districts located within the county can.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends the general municipal law by adding a new
Section 109-c to authorize 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, through the county which the not-for-profit has a contract
with.

Section 2 of this bill is the effective date.

JUSTIFICATION:

During these difficult economic times, local governments are
struggling to provide essential services while minimizing the impact
to taxpayers 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.

As not-for-profits that provide services to counties are also
struggling 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

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  2012

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 14, 2011
                               ___________

Introduced  by  Sens.  STEWART-COUSINS,  AVELLA, KLEIN -- 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,
OTHER  THAN  SERVICES  SUBJECT TO ARTICLE EIGHT OR ANY PROVISIONS OF THE
LABOR LAW, 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  PURCHAS-
ING  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  ACCEPT  SOLE  RESPONSIBILITY FOR ANY
PAYMENT DUE TO A VENDOR.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04596-01-1

Co-Sponsors

S2012A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8551A
Current Committee:
Senate Rules
Law Section:
General Municipal Law
Laws Affected:
Add §109-c, Gen Muni L
Versions Introduced in 2009-2010 Legislative Session:
S5601, A9776

S2012A (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S2012A

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- PASSED SENATE

FISCAL IMPLICATIONS:
There are no fiscal implications.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                 2012--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 14, 2011
                               ___________

Introduced  by Sens. STEWART-COUSINS, AVELLA, KLEIN, KRUEGER, OPPENHEIM-
  ER, STAVISKY -- read twice and ordered printed, and when printed to be
  committed to the Committee on Local Government -- recommitted  to  the
  Committee on Local Government in accordance with Senate Rule 6, sec. 8
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

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.
                                                           LBD04596-03-2

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