S T A T E O F N E W Y O R K
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613
2017-2018 Regular Sessions
I N A S S E M B L Y
January 9, 2017
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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.