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Assembly Bill A5196

2021-2022 Legislative Session

Relates to procurement of materials and supplies by superintendents and schools

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Archive: Last Bill Status - In Assembly Committee

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2021-A5196 (ACTIVE) - Details

Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Amd §305, Ed L; amd §163, St Fin L
Versions Introduced in Other Legislative Sessions:
2009-2010: A10566
2011-2012: A272
2013-2014: A4883
2015-2016: A1402
2017-2018: A2073
2019-2020: A4325

2021-A5196 (ACTIVE) - Summary

Authorizes the commissioner of education to promulgate regulations which enable superintendents and schools to purchase material goods and supplies directly from vendors or suppliers when such products are available at prices or other terms more economically beneficial for the purposes of the acquiring superintendent or school.

2021-A5196 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5196
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 11, 2021
                                ___________
 
 Introduced  by  M.  of  A.  MONTESANO,  J. M. GIGLIO, GOODELL, HAWLEY --
   Multi-Sponsored by -- M. of A. BARCLAY -- read once  and  referred  to
   the Committee on Education
 
 AN ACT to amend the education law and the state finance law, in relation
   to authorizing superintendents and schools to purchase certain materi-
   al goods and supplies independently
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 305 of the education law is amended by adding a new
 subdivision 57 to read as follows:
   57. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS  NECESSARY
 TO  ENABLE  SUPERINTENDENTS  AND  SCHOOLS TO PURCHASE MATERIAL GOODS AND
 SUPPLIES DIRECTLY FROM VENDORS  OR  SUPPLIERS  WHEN  SUCH  PRODUCTS  ARE
 AVAILABLE  AT PRICES OR OTHER TERMS MORE ECONOMICALLY BENEFICIAL FOR THE
 PURPOSES OF THE ACQUIRING SUPERINTENDENT OR SCHOOL.
   § 2. Paragraph (i) of subdivision  5  of  section  163  of  the  state
 finance law, as amended by section 9 of part L of chapter 55 of the laws
 of 2012, is amended to read as follows:
   (i)  For  commodities, upon such determination of need, state agencies
 shall ascertain whether the commodity is available in the form, function
 and utility consistent with their needs from preferred  sources  and  if
 so,  shall purchase said commodity from a preferred source in accordance
 with the provisions of this article. If not so available, state agencies
 shall determine whether the commodity is available in the form, function
 and utility consistent with their needs on a centralized contract and if
 so, except as provided in subparagraph (v) of paragraph a of subdivision
 three of this section, shall purchase said commodity using the  central-
 ized  contract,  PROVIDED, HOWEVER, THAT SUPERINTENDENTS AND SCHOOLS MAY
 PROCURE SUCH COMMODITIES INDEPENDENTLY IN  ACCORDANCE  WITH  REGULATIONS
 ESTABLISHED BY THE COMMISSIONER OF EDUCATION AS PROVIDED FOR IN SUBDIVI-
 SION FORTY-THREE OF SECTION THREE HUNDRED FIVE OF THE EDUCATION LAW.  If
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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