S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    613
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by  M. of A. WOERNER, RAIA -- Multi-Sponsored by -- M. of A.
   MAGEE -- read once and referred to the Committee 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03373-01-7

 A. 613                              2
 
 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
 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.
   § 2. This act shall take effect immediately.