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

                                  10006

                          I N  A S S E M B L Y

                               May 4, 2016
                               ___________

Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
  tee on Local Governments

AN ACT to amend the general municipal law, in relation to  the  purchase
  of farm products by municipalities

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

  Section 1. Section 103 of the general  municipal  law  is  amended  by
adding a new subdivision 9-a to read as follows:
  9-A.  NOTWITHSTANDING  THE FOREGOING PROVISIONS OF THIS SECTION TO THE
CONTRARY, A COUNTY MAY SEPARATELY PURCHASE EGGS, LIVESTOCK, FISH,  DAIRY
PRODUCTS,  JUICE,  GRAINS,  AND  SPECIES  OF  FRESH FRUIT AND VEGETABLES
DIRECTLY FROM NEW YORK STATE PRODUCERS OR GROWERS,  OR  ASSOCIATIONS  OF
PRODUCERS AND GROWERS, PROVIDED THAT:
  (A)  SUCH  ASSOCIATION  OF PRODUCERS OR GROWERS IS COMPRISED OF TEN OR
FEWER OWNERS OF FARMS WHO ALSO OPERATE SUCH FARMS AND WHO HAVE  COMBINED
TO  FILL  THE  ORDER OF A COUNTY AS HEREIN AUTHORIZED, PROVIDED HOWEVER,
THAT A COUNTY MAY APPLY TO THE COMMISSIONER OF  THE  OFFICE  OF  GENERAL
SERVICES FOR PERMISSION TO PURCHASE FROM AN ASSOCIATION OF MORE THAN TEN
OWNERS  OF SUCH FARMS WHEN NO OTHER PRODUCERS OR GROWERS HAVE OFFERED TO
SELL TO SUCH COUNTY;
  (B) THE AMOUNT THAT MAY BE EXPENDED BY A COUNTY IN ANY FISCAL YEAR FOR
SUCH PURCHASES SHALL NOT EXCEED THE GREATER OF:
  (I) THE EXPENDITURE THRESHOLD PROVIDED  IN  SUBDIVISION  ONE  OF  THIS
SECTION; OR
  (II) TWENTY CENTS MULTIPLIED BY THE TOTAL POPULATION OF SUCH COUNTY;
  (C)  ALL  SUCH PURCHASES SHALL BE ADMINISTERED PURSUANT TO REGULATIONS
PROMULGATED BY THE COMMISSIONER OF THE OFFICE OF  GENERAL  SERVICES  AND
DEVELOPED  IN  CONSULTATION  WITH  THE COMMISSIONER OF THE DEPARTMENT OF
AGRICULTURE AND MARKETS. SUCH REGULATIONS SHALL ENSURE THAT  THE  PRICES
PAID  BY A COUNTY FOR ANY ITEMS SO PURCHASED DO NOT EXCEED THE PRICES OF
COMPARABLE LOCAL FARM PRODUCTS  THAT  ARE  AVAILABLE  TO  THE  POLITICAL
SUBDIVISION  OR  DISTRICT  THEREIN THROUGH THEIR USUAL PURCHASES OF SUCH
ITEMS; INCLUDE PROVISIONS FOR SITUATIONS WHEN MORE THAN ONE PRODUCER  OR
GROWER  SEEKS  TO  SELL THE SAME PRODUCT TO A  COUNTY TO ENSURE THAT ALL

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

                                                           LBD13290-02-5

A. 10006                            2

SUCH PRODUCERS OR GROWERS HAVE AN EQUITABLE OPPORTUNITY TO DO  SO  IN  A
MANNER SIMILAR TO THE USUAL PURCHASING PRACTICES OF SUCH COUNTY; INCLUDE
GUIDELINES  FOR  THE APPROVAL OF PURCHASES OF ITEMS FROM ASSOCIATIONS OF
MORE THAN TEN GROWERS OR PRODUCERS; AND, TO THE MAXIMUM EXTENT PRACTICA-
BLE,  MINIMIZE  ADDITIONAL  PAPERWORK,  RECORDKEEPING  AND OTHER SIMILAR
REQUIREMENTS ON BOTH GROWERS AND PRODUCERS AND COUNTIES.
  S 2. This act shall take effect immediately.