senate Bill S4802

2011-2012 Legislative Session

Prohibits BOCES from bidding against any private business entity

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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
Jan 04, 2012 referred to education
Apr 25, 2011 referred to education

S4802 - Bill Details

Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Amd ยง1950, Ed L
Versions Introduced in 2009-2010 Legislative Session:
S8441A

S4802 - Bill Texts

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Prohibits BOCES from bidding, quoting or providing products and services for any contract against any private business entity; defines private business entity.

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BILL NUMBER:S4802

TITLE OF BILL:
An act
to amend the education law, in relation to preventing boards of
cooperative educational services from bidding on certain contracts

PURPOSE:
This legislation would prohibit the state funded BOCES from bidding on
contracts against private New York businesses.

SUMMARY OF PROVISIONS:
Section 1 of the bill amends subdivision 4 of section 1950 of the
education law to prohibit boards of cooperative educational services
from bidding on contracts against any "private business entity". It
also defines the term "private business entity" in relation to this
section.

Section 2 of the bill provides for an effective date.

JUSTIFICATION:
The Board of Cooperative Educational Services (BOCES) is a public
organization and its operation(s) are funded by New York State
taxpayers. When BOCES bids for contracts against a private business,
owned by a New York State taxpayer, that person is essentially
bidding against him/her self. This legislation would prohibit BOCES
from bidding on contracts against a privately owned business.

PRIOR LEGISLATIVE HISTORY:
S.8441 of 2009/2010

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
________________________________________________________________________

                                  4802

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 25, 2011
                               ___________

Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN ACT to amend the education law, in relation to preventing  boards  of
  cooperative educational services from bidding on certain contracts

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

  Section 1. Subdivision 4 of section  1950  of  the  education  law  is
amended by adding a new paragraph oo to read as follows:
  OO. (1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A BOARD OF COOPER-
ATIVE  EDUCATIONAL SERVICES SHALL NOT BID, QUOTE OR PROVIDE PRODUCTS AND
SERVICES FOR ANY CONTRACT AGAINST ANY PRIVATE BUSINESS ENTITY, THAT SUCH
PRIVATE BUSINESS ENTITY PROVIDES THE SAME OR  IDENTICAL  SERVICES  AS  A
BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
  (2) FOR THE PURPOSES OF THIS PARAGRAPH "PRIVATE BUSINESS ENTITY" MEANS
ANY PRIVATELY-OWNED FOR-PROFIT BUSINESS ENTITY INCLUDING, BUT NOT LIMIT-
ED TO ANY CORPORATION, PARTNERSHIP OR LIMITED LIABILITY COMPANY.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01261-01-1

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