STATE OF NEW YORK
________________________________________________________________________
167
2023-2024 Regular Sessions
IN ASSEMBLY(Prefiled)
January 4, 2023
___________
Introduced by M. of A. SANTABARBARA -- read once and referred to the
Committee on Local Governments
AN ACT to amend the general municipal law, in relation to authorizing
municipalities to make purchases from other municipalities' contracts
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 103 of the general municipal law,
2 as separately amended by section 5 of subpart A of part C of chapter 97
3 of the laws of 2011 and by chapter 608 of the laws of 2011, is amended
4 to read as follows:
5 3. Notwithstanding the provisions of subdivision one of this section,
6 any officer, board or agency of a political subdivision or of any
7 district therein authorized to make purchases of materials, equipment or
8 supplies, or to contract for services, may make such purchases, or may
9 contract for services, other than services subject to article nine of
10 the labor law, when available, through: (a) the county in which the
11 political subdivision or district is located; or [through] (b) any coun-
12 ty within the state subject to the rules established pursuant to subdi-
13 vision two of section four hundred eight-a of the county law; or (c)
14 another political subdivision or district of any county within the state
15 subject to the rules established pursuant to subdivision two of section
16 four hundred eight-a of the county law; provided that the political
17 subdivision or district for which such officer, board or agency acts
18 shall accept sole responsibility for any payment due the vendor or
19 contractor. All purchases and all contracts for such services shall be
20 subject to audit and inspection by the political subdivision or district
21 for which made. Prior to making such purchases or contracts the officer,
22 board or agency shall consider whether such contracts will result in
23 cost savings after all factors, including charges for service, material,
24 and delivery, have been considered. No officer, board or agency of a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01924-01-3
A. 167 2
1 political subdivision or of any district therein shall make any purchase
2 or contract for any such services through the county in which the poli-
3 tical subdivision or district is located or through any county within
4 the state when bids and offers have been received for such purchase or
5 such services by such officer, board or agency, unless such purchase may
6 be made or the contract for such services may be entered into upon the
7 same terms, conditions and specifications at a lower price through the
8 county.
9 § 2. Subdivision 3 of section 103 of the general municipal law, as
10 amended by chapter 608 of the laws of 2011, is amended to read as
11 follows:
12 3. Notwithstanding the provisions of subdivision one of this section,
13 any officer, board or agency of a political subdivision or of any
14 district therein authorized to make purchases of materials, equipment or
15 supplies, or to contract for services, may make such purchases, or may
16 contract for services, other than services subject to article eight or
17 nine of the labor law, when available[,]: (a) through the county in
18 which the political subdivision or district is located; or [through] (b)
19 any county within the state subject to the rules established pursuant to
20 subdivision two of section four hundred eight-a of the county law; or
21 (c) another political subdivision or district of any county within the
22 state subject to the rules established pursuant to subdivision two of
23 section four hundred eight-a of the county law; provided that the poli-
24 tical subdivision or district for which such officer, board or agency
25 acts shall accept sole responsibility for any payment due the vendor or
26 contractor. All purchases and all contracts for such services shall be
27 subject to audit and inspection by the political subdivision or district
28 for which made. Prior to making such purchases or contracts the officer,
29 board or agency shall consider whether such contracts will result in
30 cost savings after all factors, including charges for service, material,
31 and delivery, have been considered. No officer, board or agency of a
32 political subdivision or of any district therein shall make any purchase
33 or contract for any such services through the county in which the poli-
34 tical subdivision or district is located or through any county within
35 the state when bids and offers have been received for such purchase or
36 such services by such officer, board or agency, unless such purchase may
37 be made or the contract for such services may be entered into upon the
38 same terms, conditions and specifications at a lower price through the
39 county.
40 § 3. This act shall take effect immediately, provided that the amend-
41 ments to subdivision 3 of section 103 of the general municipal law made
42 by section one of this act shall be subject to the expiration and rever-
43 sion of such subdivision pursuant to section 9 of subpart A of part C of
44 chapter 97 of the laws of 2011, as amended, when upon such date the
45 provisions of section two of this act shall take effect.
