Bill Text: NY A08551 | 2011-2012 | General Assembly | Amended

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Bill Title: Allows certain not-for-profits to make purchases through use of county contracts.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2012-06-06 - REFERRED TO LOCAL GOVERNMENT [A08551 Detail]

Download: New_York-2011-A08551-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        8551--A
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     July 20, 2011
                                      ___________
       Introduced  by M. of A. GALEF -- read once and referred to the Committee
         on Local Governments -- recommitted to the Committee on Local  Govern-
         ments  in  accordance  with  Assembly  Rule  3,  sec.  2  -- committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN ACT to amend the general municipal law, in relation to allowing  not-
         for-profits to make purchases through county contracts
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The general municipal  law  is  amended  by  adding  a  new
    2  section 109-c to read as follows:
    3    S  109-C. PURCHASES THROUGH COUNTY CONTRACTS BY CERTAIN NOT-FOR-PROFIT
    4  CORPORATIONS. NOT-FOR-PROFIT CORPORATIONS THAT PROVIDE A  SERVICE  TO  A
    5  COUNTY  ARE  AUTHORIZED  TO  MAKE  PURCHASES OR TO CONTRACT FOR SERVICES
    6  NECESSARY FOR THE PERFORMANCE OF SUCH SERVICE TO THE COUNTY, OTHER  THAN
    7  SERVICES SUBJECT TO ARTICLE EIGHT OR ANY PROVISIONS OF THE LABOR LAW AND
    8  OTHER  THAN  PURCHASES  OF  MOTOR FUEL, DIESEL MOTOR FUEL OR CIGARETTES,
    9  THROUGH THE COUNTY WHICH THE NOT-FOR-PROFIT HAS  A  CONTRACT  WITH.  THE
   10  COUNTY  MAY  ESTABLISH  LIMITATIONS  WITH  RESPECT  TO  COMMODITIES  AND
   11  SERVICES AND IMPOSE SUCH OTHER APPROPRIATE CONDITIONS UPON PURCHASING AS
   12  DEEMED NECESSARY BY THE CHIEF FISCAL OFFICER OF THE COUNTY IN  ORDER  TO
   13  PROTECT  THE  COUNTY'S OWN PURCHASING INTERESTS; AND SUCH NOT-FOR-PROFIT
   14  CORPORATION SHALL MAKE ANY PURCHASE PURSUANT TO THIS SECTION IN ITS  OWN
   15  NAME  AND  ACCEPT  SOLE RESPONSIBILITY FOR ANY PAYMENT DUE TO THE VENDOR
   16  AND SUCH NOT-FOR-PROFIT CORPORATION AND VENDOR SHALL EACH BE RESPONSIBLE
   17  FOR ANY TAX DUE WITH RESPECT TO  THE  PURCHASES  BY  THE  NOT-FOR-PROFIT
   18  CORPORATION.  NOTHING IN THIS SECTION SHALL BE CONSTRUED AS ALTERING ANY
   19  TAX EXEMPTION AFFORDED TO THE NOT-FOR-PROFIT CORPORATION OR AS  CREATING
   20  A  PRINCIPAL/AGENT  RELATIONSHIP  BETWEEN  THE COUNTY AND NOT-FOR-PROFIT
   21  CORPORATION.
   22    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04596-02-2