Bill Text: NY S06273 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to the purchase of farm products by municipalities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-06-17 - COMMITTED TO RULES [S06273 Detail]

Download: New_York-2015-S06273-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6273
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 6, 2016
                                      ___________
       Introduced  by  Sen. LATIMER -- 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  purchase
         of farm products by municipalities
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 103 of the general  municipal  law  is  amended  by
    2  adding a new subdivision 9-a to read as follows:
    3    9-A.  NOTWITHSTANDING  THE FOREGOING PROVISIONS OF THIS SECTION TO THE
    4  CONTRARY, A COUNTY MAY SEPARATELY PURCHASE EGGS, LIVESTOCK, FISH,  DAIRY
    5  PRODUCTS,  JUICE,  GRAINS,  AND  SPECIES  OF  FRESH FRUIT AND VEGETABLES
    6  DIRECTLY FROM NEW YORK STATE PRODUCERS OR GROWERS,  OR  ASSOCIATIONS  OF
    7  PRODUCERS AND GROWERS, PROVIDED THAT:
    8    (A)  SUCH  ASSOCIATION  OF PRODUCERS OR GROWERS IS COMPRISED OF TEN OR
    9  FEWER OWNERS OF FARMS WHO ALSO OPERATE SUCH FARMS AND WHO HAVE  COMBINED
   10  TO  FILL  THE  ORDER OF A COUNTY AS HEREIN AUTHORIZED, PROVIDED HOWEVER,
   11  THAT A COUNTY MAY APPLY TO THE COMMISSIONER OF  THE  OFFICE  OF  GENERAL
   12  SERVICES FOR PERMISSION TO PURCHASE FROM AN ASSOCIATION OF MORE THAN TEN
   13  OWNERS  OF SUCH FARMS WHEN NO OTHER PRODUCERS OR GROWERS HAVE OFFERED TO
   14  SELL TO SUCH COUNTY;
   15    (B) THE AMOUNT THAT MAY BE EXPENDED BY A COUNTY IN ANY FISCAL YEAR FOR
   16  SUCH PURCHASES SHALL NOT EXCEED THE GREATER OF:
   17    (I) THE EXPENDITURE THRESHOLD PROVIDED  IN  SUBDIVISION  ONE  OF  THIS
   18  SECTION; OR
   19    (II) TWENTY CENTS MULTIPLIED BY THE TOTAL POPULATION OF SUCH COUNTY;
   20    (C)  ALL  SUCH PURCHASES SHALL BE ADMINISTERED PURSUANT TO REGULATIONS
   21  PROMULGATED BY THE COMMISSIONER OF THE OFFICE OF  GENERAL  SERVICES  AND
   22  DEVELOPED  IN  CONSULTATION  WITH  THE COMMISSIONER OF THE DEPARTMENT OF
   23  AGRICULTURE AND MARKETS. SUCH REGULATIONS SHALL ENSURE THAT  THE  PRICES
   24  PAID  BY A COUNTY FOR ANY ITEMS SO PURCHASED DO NOT EXCEED THE PRICES OF
   25  COMPARABLE LOCAL FARM PRODUCTS  THAT  ARE  AVAILABLE  TO  THE  POLITICAL
   26  SUBDIVISION  OR  DISTRICT  THEREIN THROUGH THEIR USUAL PURCHASES OF SUCH
   27  ITEMS; INCLUDE PROVISIONS FOR SITUATIONS WHEN MORE THAN ONE PRODUCER  OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13290-02-5
       S. 6273                             2
    1  GROWER  SEEKS  TO  SELL THE SAME PRODUCT TO A  COUNTY TO ENSURE THAT ALL
    2  SUCH PRODUCERS OR GROWERS HAVE AN EQUITABLE OPPORTUNITY TO DO  SO  IN  A
    3  MANNER SIMILAR TO THE USUAL PURCHASING PRACTICES OF SUCH COUNTY; INCLUDE
    4  GUIDELINES  FOR  THE APPROVAL OF PURCHASES OF ITEMS FROM ASSOCIATIONS OF
    5  MORE THAN TEN GROWERS OR PRODUCERS; AND, TO THE MAXIMUM EXTENT PRACTICA-
    6  BLE, MINIMIZE ADDITIONAL  PAPERWORK,  RECORDKEEPING  AND  OTHER  SIMILAR
    7  REQUIREMENTS ON BOTH GROWERS AND PRODUCERS AND COUNTIES.
    8    S 2. This act shall take effect immediately.