Bill Text: NY S00612 | 2019-2020 | General Assembly | Introduced

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Bill Title: Provides that public contracts shall be open for use by municipalities not originally party to such agreements unless such agreements expressly state otherwise.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO LOCAL GOVERNMENT [S00612 Detail]

Download: New_York-2019-S00612-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           612
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Local Government
        AN ACT to amend the general municipal law, in relation to the letting of
          municipal contracts
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 16 of section 103 of the general municipal law,
     2  as  amended  by  chapter  497 of the laws of 2013, is amended to read as
     3  follows:
     4    16. (a) Notwithstanding the provisions of subdivisions  one,  two  and
     5  three of this section, and section one hundred four of this article, any
     6  officer,  board  or agency of a political subdivision or of any district
     7  therein authorized to make purchases of apparatus, materials,  equipment
     8  or  supplies,  or  to contract for services related to the installation,
     9  maintenance or repair of apparatus, materials, equipment, and  supplies,
    10  may  make  such  purchases, or may contract for such services related to
    11  the installation, maintenance or repair of apparatus, materials,  equip-
    12  ment,  and supplies, as may be required by such political subdivision or
    13  district therein through the use of a contract let by the United  States
    14  of  America  or  any  agency  thereof,  any state or any other political
    15  subdivision or district therein if such contract was let to  the  lowest
    16  responsible  bidder or on the basis of best value in a manner consistent
    17  with this section and made available for use by other governmental enti-
    18  ties; provided, however, that no political subdivision or district ther-
    19  ein, other than a city with a population of one million or more inhabit-
    20  ants or any district, board  or  agency  with  jurisdiction  exclusively
    21  therein,  may  make such purchases or contract for such services through
    22  the use of such a contract let on the basis of best value  in  a  manner
    23  consistent  with  this  section  unless  the  political  subdivision  or
    24  district shall first adopt a local law, rule, regulation or  resolution,
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04337-01-9
        S. 612                              2
     1  as the case may be, pursuant to subdivision one of this section, author-
     2  izing the use of best value for awarding purchase contracts.
     3    (b)  In the absence of a provision expressly stating the contrary, the
     4  authorization granted in paragraph (a)  of  this  subdivision  shall  be
     5  deemed  to  apply  to  municipal contracts entered into pursuant to this
     6  article.
     7    (c) The authority provided to  political  subdivisions  and  districts
     8  therein pursuant to this subdivision shall not relieve any obligation of
     9  such political subdivision or district therein to comply with any appli-
    10  cable  minority and women-owned business enterprise program mandates and
    11  the preferred source requirements of section one  hundred  sixty-two  of
    12  the state finance law.
    13    §  2.  This  act  shall take effect immediately and apply to municipal
    14  contracts entered into on or after such effective date; provided, howev-
    15  er, that the amendments to subdivision 16 of section 103 of the  general
    16  municipal  law  made  by  section  one  of this act shall not affect the
    17  repeal of such subdivision and shall be deemed to be repealed therewith.