Senate Bill S693

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

                                   693

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. STEWART-COUSINS, AVELLA, KRUEGER, STAVISKY -- 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 and the education law, in
  relation to the information  technology  procurement  savings  act  of
  2014;  provides  local  governments and school districts more contract
  flexibility; and provides for purchasing services

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

  Section  1.  This act shall be known and may be cited as "the informa-
tion technology procurement savings act of 2014".
  S 2. Section 103 of the general municipal law is amended by  adding  a
new subdivision 17 to read as follows:
  17.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION
AND IN ADDITION TO THE PROVISIONS OF SUBDIVISION THREE OF  THIS  SECTION
AND  SECTION  ONE  HUNDRED  FOUR  OF THIS ARTICLE, ANY OFFICER, BOARD OR
AGENCY OF A POLITICAL SUBDIVISION OR OF ANY DISTRICT THEREIN  AUTHORIZED
TO  MAKE  PURCHASES  OF  MATERIALS, EQUIPMENT AND SUPPLIES MAY MAKE SUCH
PURCHASES AS MAY BE  REQUIRED  BY  SUCH  POLITICAL  SUBDIVISION  OR  ANY
DISTRICT THEREIN THROUGH THE USE OF A CONTRACT LET BY ANY OTHER STATE OR
POLITICAL  SUBDIVISION  IF  SUCH  CONTRACT  WAS  LET  IN ACCORDANCE WITH
COMPETITIVE BIDDING REQUIREMENTS THAT ARE CONSISTENT WITH  THIS  SECTION
AND  WITH  THE INTENT OF EXTENDING ITS USE TO CERTAIN OTHER GOVERNMENTAL
ENTITIES. PRIOR TO MAKING SUCH A PURCHASE, THE GOVERNING  BOARD  OF  THE
POLITICAL  SUBDIVISION  OR DISTRICT MAKING THE PURCHASE SHALL DETERMINE,
UPON REVIEW OF ANY NECESSARY DOCUMENTATION  AND,  AS  APPROPRIATE,  UPON
ADVICE  OF  ITS  COUNSEL, THAT THE REQUIREMENTS OF THIS SUBDIVISION HAVE
BEEN MET, AND SHALL  CERTIFY,  BY  RESOLUTION,  THAT  SUCH  PURCHASE  IS
PERMITTED UNDER THE PROCUREMENT POLICIES AND PROCEDURES OF THE POLITICAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02583-01-3
              

S. 693                              2

SUBDIVISION  OR DISTRICT, ADOPTED PURSUANT TO SECTION ONE HUNDRED FOUR-B
OF THIS ARTICLE.
  S  3.  The  general  municipal  law is amended by adding a new section
109-c to read as follows:
  S 109-C. PURCHASE OF SERVICES.    NOTWITHSTANDING  THE  PROVISIONS  OF
SECTION  ONE HUNDRED THREE OF THIS ARTICLE OR ANY OTHER GENERAL, SPECIAL
OR LOCAL LAW, ANY OFFICER, BOARD OR AGENCY OF A VILLAGE, TOWN OR  COUNTY
IS  AUTHORIZED  TO  MAKE  PURCHASES THROUGH THE LOCAL SCHOOL OR BOARD OF
COOPERATIVE EDUCATIONAL SERVICES (BOCES) DISTRICT SUBJECT TO SUCH  RULES
AND  REGULATIONS  AS  MAY  BE  ESTABLISHED FROM TIME TO TIME PURSUANT TO
SECTION ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW OR THROUGH  THE
GENERAL  SERVICES ADMINISTRATION PURSUANT TO SECTION 1555 OF THE FEDERAL
ACQUISITION STREAMLINING ACT OF 1994. ALL PURCHASES SHALL BE SUBJECT  TO
AUDIT  AND  INSPECTION BY THE VILLAGE, TOWN OR COUNTY. NO OFFICER, BOARD
OR AGENCY OF A VILLAGE, TOWN OR COUNTY SHALL  MAKE  A  PURCHASE  THROUGH
SUCH  SCHOOL  OR  BOCES  DISTRICT  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 SCHOOL OR BOCES DISTRICT.
  S  4.  The education law is amended by adding a new article 25 to read
as follows:
                               ARTICLE 25
                            SHARED CONTRACTS
SECTION 1210. SHARED  TELECOMMUNICATIONS  AND   INFORMATION   TECHNOLOGY
                SERVICES.
  S 1210. SHARED TELECOMMUNICATIONS AND INFORMATION TECHNOLOGY SERVICES.
NOTWITHSTANDING  THE  PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW TO
THE CONTRARY, ANY LOCAL  SCHOOL  OR  BOARD  OF  COOPERATIVE  EDUCATIONAL
SERVICES  DISTRICT SHALL BE AUTHORIZED TO ENTER INTO AGREEMENTS TO SHARE
PROCUREMENT CONTRACTS FOR TELECOMMUNICATIONS AND INFORMATION  TECHNOLOGY
SERVICES,  AS REFERENCED IN SCHOOL DISTRICT CAPITAL EQUIPMENT AS DEFINED
IN SUBDIVISION FORTY-THREE OF SECTION SIXTEEN HUNDRED SEVENTY-SIX OF THE
PUBLIC AUTHORITIES LAW, OFFERED BY  THE  DEPARTMENT  WITH  ANY  OFFICER,
BOARD OR AGENCY OF A VILLAGE, TOWN OR COUNTY.
  S  5.  This  act  shall  take  effect  immediately, and shall apply to
procurement contracts entered into on or after such effective date.