NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1115
SPONSOR: Santabarbara TITLE OF BILL:
An act to amend the general municipal law, in relation to authorizing
municipalities to make purchases from other municipalities' contracts
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of the bill is to allow local government to piggyback
(participate in group or bulk purchasing) on any other local government
contracts provided chat the political subdivision accepts sole responsi-
bility for any payment due the vendor or contractor.
SUMMARY OF PROVISIONS:
Section 1 of the bill amends the general municipal law, as amended by
Chapter 342 of the Laws of 2007 to allow any political subdivision or
district of any county within the state to make purchases of materials,
equipment or supplies, or to contract for services, may make such
purchases or may contract for services when available through the county
in which the political subdivision or district is located or through any
county within the State. Section 2 of this bill is the effective date.
JUSTIFICATION:
Current law only allows local governments to make purchases from County
Contracts. The bill will allow a local government the option to purchase
from a contract awarded by competitive bidding by any other local
government. This will provide local governments another option and will
help ensure that the municipality is receiving the lowest possible cost.
This will also allow municipalities to obtain pricing on goods and
services that may not be purchased by a County, allowing the local
government to purchase the goods without delay and without the expense
of issuing a formal competitive bid.
PRIOR LEGISLATIVE HISTORY:
2011-12: S4314 - referred to local government / A6871 - referred to
local governments
2013-14: A6636 - referred to Local governments
2015-16: A2523 - referred to local governments
2017-18: A185 - referred to local governments
2019-20: A1633 - referred to local governments
2021-2022: A01491 referred to local governments
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the State; will result in savings to local governments within
New York State.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
1115
2025-2026 Regular Sessions
IN ASSEMBLY
January 9, 2025
___________
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
25 political subdivision or of any district therein shall make any purchase
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01475-01-5
A. 1115 2
1 or contract for any such services through the county in which the poli-
2 tical subdivision or district is located or through any county within
3 the state when bids and offers have been received for such purchase or
4 such services by such officer, board or agency, unless such purchase may
5 be made or the contract for such services may be entered into upon the
6 same terms, conditions and specifications at a lower price through the
7 county.
8 § 2. Subdivision 3 of section 103 of the general municipal law, as
9 amended by chapter 608 of the laws of 2011, is amended to read as
10 follows:
11 3. Notwithstanding the provisions of subdivision one of this section,
12 any officer, board or agency of a political subdivision or of any
13 district therein authorized to make purchases of materials, equipment or
14 supplies, or to contract for services, may make such purchases, or may
15 contract for services, other than services subject to article eight or
16 nine of the labor law, when available[,]: (a) through the county in
17 which the political subdivision or district is located; or [through] (b)
18 any county within the state subject to the rules established pursuant to
19 subdivision two of section four hundred eight-a of the county law; or
20 (c) another political subdivision or district of any county within the
21 state subject to the rules established pursuant to subdivision two of
22 section four hundred eight-a of the county law; provided that the poli-
23 tical subdivision or district for which such officer, board or agency
24 acts shall accept sole responsibility for any payment due the vendor or
25 contractor. All purchases and all contracts for such services shall be
26 subject to audit and inspection by the political subdivision or district
27 for which made. Prior to making such purchases or contracts the officer,
28 board or agency shall consider whether such contracts will result in
29 cost savings after all factors, including charges for service, material,
30 and delivery, have been considered. No officer, board or agency of a
31 political subdivision or of any district therein shall make any purchase
32 or contract for any such services through the county in which the poli-
33 tical subdivision or district is located or through any county within
34 the state when bids and offers have been received for such purchase or
35 such services by such officer, board or agency, unless such purchase may
36 be made or the contract for such services may be entered into upon the
37 same terms, conditions and specifications at a lower price through the
38 county.
39 § 3. This act shall take effect immediately, provided that the amend-
40 ments to subdivision 3 of section 103 of the general municipal law made
41 by section one of this act shall be subject to the expiration and rever-
42 sion of such subdivision pursuant to section 9 of subpart A of part C of
43 chapter 97 of the laws of 2011, as amended, when upon such date the
44 provisions of section two of this act shall take effect.
