senate Bill S4309

Relates to the value limitations on contract and extending the effectiveness thereof

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 20 / Mar / 2013
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 21 / May / 2013
    • 1ST REPORT CAL.666
  • 22 / May / 2013
    • 2ND REPORT CAL.
  • 23 / May / 2013
    • ADVANCED TO THIRD READING
  • 29 / May / 2013
    • SUBSTITUTED BY A6895

Summary

Relates to the value limitations on contracts and extends the effectiveness thereof.

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Bill Details

See Assembly Version of this Bill:
A6895
Versions:
S4309
Legislative Cycle:
2013-2014
Law Section:
Public Buildings
Laws Affected:
Amd §3, Chap 674 of 1993

Votes

8
0
8
Aye
0
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Investigations and Government Operations committee vote details

Sponsor Memo

BILL NUMBER:S4309

TITLE OF BILL: An act to amend chapter 674 of the laws of 1993,
amending the public buildings law relating to value limitations on
contracts, in relation to extending the effectiveness thereof

Purpose of the Bill:

This bill would extend until June 30, 2015 the authority of the Office
of General Services (OGS) to enter into construction contracts without
formal competitive bidding in certain emergencies OGS's authority is
due to expire on June 30, 2013.

Summary of Provisions:

Section 1 of the bill would extend for two years the authority of OGS
to enter into certain emergency construction contracts without formal
competitive bidding. This authority was originally granted by chapter
674 of the laws of 1993 and was to sunset in 1995. Since then, the
sunset provision has been amended by two-year extenders.

Existing Law:

Since 1993, the Public Buildings Law (PBL) § 9, has authorized the
Commissioner of General Services to let contracts in value not
exceeding $200,000 (increased to $300,000 in 2007) to respond to
construction emergencies involving a pressing necessity for immediate
repair, reconstruction, or maintenance to protect persons or property
and to permit safe continuation of a public use or function. Such
contracts may be let without formal competitive bidding but arc
mandated to be based on the solicitation of at least three oral
competitive bids and must be approved by the Attorney General and the
State Comptroller.

Prior Legislative History:

In 1993, PBL § 9 was amended to increase the value limitation from
$40,000 to $200,000 subject to a two-year sunset provision. The sunset
has previously been extended by two-year extenders enacted by Chapter
674 of the Laws of 1993, Chapter 56 of the Laws of 1995, Chapter 195
of the Laws of 1997, Chapter 117 of the Laws of 1999, Chapter 73 of
the Laws of 2001, Chapter 94 of the Laws of 2003, Chapter 56 of the
Laws of 2005, Chapter 84 of the Laws of 2007 (which also increased the
value limitation from $200,000 to $300.000), Chapter 163 of the Laws
of 2009, and Chapter 99 of the Laws 0f 2011.

Statement in Support:

The emergency contracting authority allows the State to quickly repair
damage sustained by buildings and facilities as a result of fire,
explosion or other casualty, equipment failure and breakdowns that
occur on State properties Absent authorization for prompt contracting
for repair and remedial work, disruptive malfunctions would remain
unaddressed for weeks pending compliance with the statutorily mandated
formal contracting processes for State construction work Under the
current system, the State is able to immediately act to meet such
emergencies.


Recent natural disaster events only emphasize how invaluable this
emergency contracting author it can be in quickly restoring State
buildings and facilities. Continuing such authority will permit
adherence to both the full and formal construction contracting method
to the maximum practicable extent, and the reduction of the State's
losses from emergencies that demand use of expedited emergency
contracting.

Budget Implications:

Extending the sunset provision on the value limitation for necessary
emergency construction contracting will preclude potentially large
losses in additional repair and restoration costs for damaged State
facilities. It will also lessen the effect of discontinuance of state
programs in emergencies, and will permit avoidance of further
injuries, casualties and malfunctions and consequent claims against
the State There is no fiscal support needed to implement the
provisions of this bill.

Local Impact:

None

Effective Date:

This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4309

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 20, 2013
                               ___________

Introduced  by  Sen.  MARCELLINO -- (at request of the Office of General
  Services) -- read twice and ordered printed, and when  printed  to  be
  committed to the Committee on Investigations and Government Operations

AN  ACT  to  amend  chapter 674 of the laws of 1993, amending the public
  buildings law relating to value limitations on contracts, in  relation
  to extending the effectiveness thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 3 of chapter 674 of the laws of 1993, amending  the
public  buildings  law  relating  to  value limitations on contracts, as
amended by chapter 99 of the  laws  of  2011,  is  amended  to  read  as
follows:
  S  3.  This act shall take effect immediately and shall remain in full
force and effect only until June 30, [2013] 2015.
  S 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09091-02-3

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