S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    185
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on Local Governments
 
 AN ACT to amend the general municipal law, in  relation  to  authorizing
   municipalities to make purchases from other municipalities' contracts

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 103 of the general municipal  law,
 as  separately amended by section 5 of subpart A of part C of chapter 97
 of the laws of 2011 and by chapter 608 of the laws of 2011,  is  amended
 to read as follows:
   3.  Notwithstanding the provisions of subdivision one of this section,
 any officer, board or agency  of  a  political  subdivision  or  of  any
 district therein authorized to make purchases of materials, equipment or
 supplies,  or  to contract for services, may make such purchases, or may
 contract for services, other than services subject to  article  nine  of
 the  labor  law,  when  available,  through: (A) the county in which the
 political subdivision or district is located; or [through] (B) any coun-
 ty within the state subject to the rules established pursuant to  subdi-
 vision  two  of  section  four hundred eight-a of the county law; OR (C)
 ANOTHER POLITICAL SUBDIVISION OR DISTRICT OF ANY COUNTY WITHIN THE STATE
 SUBJECT TO THE RULES ESTABLISHED PURSUANT TO SUBDIVISION TWO OF  SECTION
 FOUR  HUNDRED  EIGHT-A  OF  THE  COUNTY LAW; provided that the political
 subdivision or district for which such officer,  board  or  agency  acts
 shall  accept  sole  responsibility  for  any  payment due the vendor or
 contractor. All purchases and all contracts for such services  shall  be
 subject to audit and inspection by the political subdivision or district
 for which made. Prior to making such purchases or contracts the officer,
 board  or  agency  shall  consider whether such contracts will result in
 cost savings after all factors, including charges for service, material,
 and delivery, have been considered. No officer, board  or  agency  of  a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD05173-01-7

 A. 185                              2
 
 political subdivision or of any district therein shall make any purchase
 or  contract for any such services through the county in which the poli-
 tical subdivision or district is located or through  any  county  within
 the  state  when bids and offers have been received for such purchase or
 such services by such officer, board or agency, unless such purchase may
 be made or the contract for such services may be entered into  upon  the
 same  terms,  conditions and specifications at a lower price through the
 county.
   § 2. Subdivision 3 of section 103 of the  general  municipal  law,  as
 amended  by  chapter  608  of  the  laws  of 2011, is amended to read as
 follows:
   3. Notwithstanding the provisions of subdivision one of this  section,
 any  officer,  board  or  agency  of  a  political subdivision or of any
 district therein authorized to make purchases of materials, equipment or
 supplies, or to contract for services, may make such purchases,  or  may
 contract  for  services, other than services subject to article eight or
 nine of the labor law, when available[,]:  (A)  through  the  county  in
 which the political subdivision or district is located; or [through] (B)
 any county within the state subject to the rules established pursuant to
 subdivision  two  of  section four hundred eight-a of the county law; OR
 (C) ANOTHER POLITICAL SUBDIVISION OR DISTRICT OF ANY COUNTY  WITHIN  THE
 STATE  SUBJECT  TO  THE RULES ESTABLISHED PURSUANT TO SUBDIVISION TWO OF
 SECTION FOUR HUNDRED EIGHT-A OF THE COUNTY LAW; provided that the  poli-
 tical  subdivision  or  district for which such officer, board or agency
 acts shall accept sole responsibility for any payment due the vendor  or
 contractor.  All  purchases and all contracts for such services shall be
 subject to audit and inspection by the political subdivision or district
 for which made. Prior to making such purchases or contracts the officer,
 board or agency shall consider whether such  contracts  will  result  in
 cost savings after all factors, including charges for service, material,
 and  delivery,  have  been  considered. No officer, board or agency of a
 political subdivision or of any district therein shall make any purchase
 or contract for any such services through the county in which the  poli-
 tical  subdivision  or  district is located or through any county within
 the state when bids and offers have been received for such  purchase  or
 such services by such officer, board or agency, unless such purchase may
 be  made  or the contract for such services may be entered into upon the
 same terms, conditions and specifications at a lower price  through  the
 county.
   §  3. This act shall take effect immediately, provided that the amend-
 ments to subdivision 3 of section 103 of the general municipal law  made
 by section one of this act shall be subject to the expiration and rever-
 sion of such subdivision pursuant to section 9 of subpart A of part C of
 chapter  97  of  the  laws  of 2011, as amended, when upon such date the
 provisions of section two of this act shall take effect.