NY State Senate Bill 2011-S3052

Archive: Last Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 07, 2011	referred to local government

2011-S3052 (ACTIVE) - Details

See Assembly Version of this Bill:: A3617
Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Add §103-g, amd §§103 & 35, Gen Muni L; add §164-a, St Fin L
Versions Introduced in 2009-2010 Legislative Session:: S350, A5059

2011-S3052 (ACTIVE) - Summary

Enacts the "municipal competitive bidding enforcement act" to ensure local governments are provided with the comptroller's opinions on specific procurement actions and holding political subdivisions accountable for complying with the competitive bidding law; establishes attorney general enforcement; declares bids are public records; provides office of general services shall supply bid specifications to political subdivisions.

2011-S3052 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3052

TITLE OF BILL:
An act
to amend the general municipal law and the state finance law, in
relation to ensuring compliance with the competitive bidding law

PURPOSE OR GENERAL IDEA OF BILL:
To ensure that local governments and their taxpayers receive the cost
savings benefits of competitive bidding in local government
purchasing by providing political subdivisions with comptroller's
opinions on specific procurement actions and by holding political
subdivisions accountable for complying with the competitive bidding
law.

SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill names this law the "Municipal Competitive
Bidding Enforcement Act." Section two creates a new General Municipal
Law § 103-g, which provides for the Comptroller to issue an opinion
as to the legality of a political subdivision's proposed procurement
action, authorizes the Attorney General to enjoin an illegal
procurement action, allows a good faith bidder who should have won a
contract to sue for damages, establishes a civil penalty for a
willful and intentional violation of the law, and sets a fee for
initiating a Comptroller's opinion. Section three clarifies how brand
names may be used in bid specifications. Section four clarifies that

bids are public records.
Section five establishes that a political subdivision shall respond to
a Comptroller's audit that finds a violation of the competitive
bidding law. Section six provides that the office of general services
should supply bid specifications to political subdivisions.

JUSTIFICATION:
There is currently no effective means of ensuring that local
governments comply with the municipal competitive bidding law, which
is designed to keep the cost of public contracts as low as reasonably
possible. General Municipal Law § 103(1) requires that a political
subdivision competitively bid public works contracts of more than
$20,000 and purchase contracts of more than $10,000. The term
"political subdivision" includes a municipal corporation, school
district, district corporation and BOCES. GML § 100(1). The purpose
of the competitive bidding law is "to assure the prudent and
economical use of public moneys for the benefit of all the
inhabitants of the state and to facilitate the acquisition of
facilities and commodities of maximum quality at the lowest possible
cost." GML § 100-a. The means to this end is to buy in the market,
with the benefit of market forces on prices. The businesses that bid
on contracts have an important role to play in this scheme.

While the competitive bidding statute was not enacted for the benefit
or enrichment of bidders
"logic and experience teach that competition for public contracts may
be promoted only by fostering a sense of confidence in potential
bidders that their bids will be fairly considered."


FISCHBACH & MOORE V. N.Y.C. TRANSIT AUTHORITY,
79 A.D. 2d 14, 20.
Several studies have found a high incidence of violations of the
competitive bidding law. The staff of the Assembly Committee on
oversight, Analysis and Investigation examined audits of individual
municipalities that the Comptroller filed during a thirteen month
period in 1991-92.
Out of a total of 852 municipalities audited, the Comptroller found
competitive bidding violations in 206, or 24%, of the municipalities.
The kinds of violations included improper bid splitting, abuses of
change orders, overly restrictive bid specifications and simply not
bothering to competitively bid when it was required. Many of the
municipalities were repeat offenders; in 27 cases a previous
Comptroller's audit had cited the municipality for violating the
competitive bidding law.

The Oversight Committee survey confirmed findings that the comptroller
had made in a 1988 study entitled
STATEWIDE SURVEY OF LOCAL
GOVERNMENT PURCHASING PRACTICES. CT.
The Comptroller found that: The
results of our survey confirmed the continuation of a long-standing
problem with municipal purchasing practices, namely the failure to
competitively bid those purchases required by law.... The seriousness
of the problem is demonstrated by the fact that many of our regularly
scheduled audits have repeatedly disclosed instances where items
should have been competitively bid but were not.
SURVEY, at 7. In 1994, Assemblyman Robert K. Sweeney
issued a report
which also found violations of the competitive bidding laws by school
and local government officials. The Assemblyman's report focused
particularly on abuses involving overly restrictive bid
specifications that limited bidding to only specified brand names.
The report noted the lack of any effective mechanism for assuring
compliance with the law. The absence of an enforcement mechanism is a
key element in how the competitive bidding law can be ignored.

The Comptroller does perform audits of municipalities and those audits
do address competitive bidding issues. However, when the Comptroller
does find violations, he has no power to require that the situation
be corrected. Indeed, a municipality is not even required to respond
to a Comptroller's audit. See GML § 35 Subd. 4(b) (1). The Attorney
General does not have jurisdiction over governmental violations of
the competitive bidding law, unless the abuse rises to the level of
criminal conduct, such as bribe-taking. A frustrated bidder or
taxpayer may sue to stop a contract, but a frustrated bidder has no
right to a contract award or to damages. If the court finds an
illegally let contract, the municipality can generally just redo the
bidding and contracting process. There is no meaningful incentive for
the frustrated bidder to bear the expense of litigating to enforce
the competitive bidding law.
See,
E.G.,
JANVEY & SONS. COUNTY OF NASSAU,
60 N.Y.2d 887. The bill
approaches the problem in two ways. First, the bill tries to help
political subdivisions to follow the law by providing them with


informed opinions on the legality of procurement actions and with
particularized information on proper bid specifications. Secondly,
the bill creates an enforcement mechanism that holds a political
subdivision accountable when it ignores warnings of illegal conduct.
The cornerstone of the bill (GML § 103-g) is a new procedure that
allows a taxpayer or frustrated bidder to obtain a Comptroller's
opinion on the legality of a proposed procurement action. The
Comptroller has a great deal of expertise in municipal procurement
due to the Comptroller's auditing in this area. The proposed
Comptroller's opinions, like municipal audits, would enable the
Comptroller to better perform his duty of supervising the accounts of
political subdivisions. If the Comptroller opines that the proposed
procurement action is illegal, the hope is that the political
subdivision would refrain from so acting.

If the political subdivision chooses to disregard the Comptroller's
warning, there may be two consequences. First, the Attorney General
is authorized to sue to enjoin the procurement action. Second, a
frustrated bidder, who should have won the contract, may sue for
damages of three times the amount of its lost profits. In either
case, the court would grant relief only if the court independently
finds that the procurement action was illegal. The potential for
money damages does entail the possibility that the political
subdivision, and its taxpayers, would experience a monetary loss in
the short term. This is the incentive for a political subdivision to
adhere to the law. However, it is expected that adherence to the
competitive bidding laws in the long term will result in a net gain
for the political subdivision and its taxpayers, recognizing that a
primary goal of competitive bidding laws is to ensure for the
municipality the best price for the goods being purchased. It bears
emphasizing that a municipality may easily avoid any loss simply by
abiding by the Comptroller's opinion.

The bill (GML § 103-g(4) (b)) also allows a Court to award limited
damages to a frustrated bidder when there has been no Comptroller's
opinion of illegality and the court nevertheless finds the
procurement action to be illegal. In the rare case where a court
voids a contract for illegality after a municipality has already
received performance, the court ordinarily awards the performing
party its costs, which usually results in the municipality saving
money off the contract price. The bill allows a frustrated bidder,
without a supporting Comptroller opinion, to recover no more than the
amount saved by the political subdivision by the voiding of the
contract. The bill (GML § 103-g (6)) includes a one hundred dollar
fee for filing a complaint initiating a Comptroller's opinion. The
fee is designed to fund the Comptroller's work, as well as to provide
a mechanism for screening out frivolous complaints.

The bill (GML 103-g(5)) also establishes a civil penalty for a
governmental official who willfully and intentionally violates the
competitive bidding law. The problem of overly restrictive bid
specifications is specifically addressed in the bill. Section three
codifies the case law rule that specifications may not be unduly
restrictive and clarifies how brand names may be used in bid
specifications. Section six allows political subdivisions to make
greater use of the expertise of the office of general services in
developing bid specifications. ,Other provisions of the bill clarify


that bids are public records (section four) and would
require a response to a Comptroller's audit finding that a political
subdivision violated the competitive bidding law (section five).

FISCAL IMPLICATIONS:
The additional work of the Comptroller will be funded by fees paid by
those who avail themselves of the new procedures.

EFFECTIVE DATE:
The first of January next succeeding the date on which it shall have
become law; provided, however, the amendments to subdivision 2 of
section 103 of the general municipal law made by section four of this
act shall not affect the expiration and reversion of such subdivision
as provided in subdivision (a) of section of part X of chapter 62
of the laws of 2003, as amended, when upon such date the provisions
of section five of this act shall take effect.

2011-S3052 (ACTIVE) - Bill Text download pdf

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

                                  3052

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 7, 2011
                               ___________

Introduced  by  Sen.  KRUGER -- 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 and the state finance law,  in
  relation to ensuring compliance with the competitive bidding law

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "Municipal competitive bidding enforcement act."
  S  2.  The  general  municipal  law is amended by adding a new section
103-g to read as follows:
  S 103-G. ENFORCEMENT OF COMPETITIVE BIDDING LAW. 1. DEFINITIONS.   (A)
"PROCUREMENT  ACTION"  MEANS ANY TRANSACTION WHICH IS CLAIMED TO CONSTI-
TUTE A CONTRACT FOR PUBLIC WORK INVOLVING AN EXPENDITURE  OF  MORE  THAN
TWENTY THOUSAND DOLLARS OR A PURCHASE CONTRACT INVOLVING THE EXPENDITURE
OF  MORE THAN TEN THOUSAND DOLLARS WHICH SHOULD BE AWARDED TO THE LOWEST
RESPONSIBLE BIDDER, AS PROVIDED BY SECTION ONE  HUNDRED  THREE  OF  THIS
ARTICLE.
  (B)  "GOOD  FAITH  BIDDER" MEANS ANY PERSON WHO HAS SUBMITTED A BID IN
RESPONSE TO AN ADVERTISEMENT FOR SEALED BIDS, OR WHO COULD SUBMIT A GOOD
FAITH BID ON A PROCUREMENT ACTION.
  2. COMPTROLLER'S OPINIONS. UPON A COMPLAINT FILED BY A TAXPAYER OF THE
POLITICAL SUBDIVISION OR BY A GOOD FAITH BIDDER, THE OFFICE OF THE STATE
COMPTROLLER SHALL ISSUE AN OPINION ON  WHETHER  A  PROPOSED  PROCUREMENT
ACTION  BY A POLITICAL SUBDIVISION COMPLIES WITH THE COMPETITIVE BIDDING
REQUIREMENTS OF SECTION ONE HUNDRED THREE OF THIS ARTICLE. THE COMPLAINT
SHALL SPECIFY THE PROCUREMENT ACTION THAT IS CLAIMED TO VIOLATE  SECTION
ONE  HUNDRED  THREE  OF  THIS ARTICLE. THE TAXPAYER OR GOOD FAITH BIDDER
SHALL SERVE A COPY OF THE COMPLAINT ON THE POLITICAL  SUBDIVISION  PRIOR
TO SERVING THE COMPLAINT ON THE COMPTROLLER.  UPON THE FILING OF A PRIMA
FACIE VALID COMPLAINT WITH THE COMPTROLLER, THE COMPTROLLER SHALL NOTIFY
THE  POLITICAL  SUBDIVISION.  UPON RECEIPT OF SUCH NOTICE FROM THE COMP-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05432-01-1

S. 3052                             2

TROLLER, THE POLITICAL SUBDIVISION MAY NOT PROCEED WITH THE COMPLAINT OF
PROCUREMENT ACTION FOR A PERIOD OF THIRTY DAYS. IN RENDERING HIS OR  HER
OPINION, THE COMPTROLLER MAY CONSULT WITH THE OFFICE OF GENERAL SERVICES
AS  TO  THE  REASONABLENESS  AND VALIDITY OF ANY BID SPECIFICATIONS. THE
COMPTROLLER SHALL ISSUE A WRITTEN OPINION PURSUANT TO  THIS  SUBDIVISION
WITHIN THIRTY DAYS OF SUCH NOTICE TO THE POLITICAL SUBDIVISION AND SHALL
PROMPTLY SERVE COPIES OF THE OPINION ON THE POLITICAL SUBDIVISION AND ON
THE COMPLAINING PARTY.
  3. ATTORNEY GENERAL. IF THE COMPTROLLER'S OPINION IS THAT THE PROCURE-
MENT ACTION WOULD VIOLATE SECTION ONE HUNDRED THREE OF THIS ARTICLE, THE
COMPTROLLER  SHALL TRANSMIT A COPY OF THE OPINION TO THE ATTORNEY GENER-
AL. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE ATTORNEY GENERAL  IS
AUTHORIZED  TO BRING A SPECIAL PROCEEDING IN THE SUPREME COURT TO HAVE A
PROCUREMENT ACTION ENJOINED OR DECLARED NULL AND VOID ON THE GROUND THAT
IT IS IN VIOLATION OF SECTION ONE HUNDRED THREE OF THIS ARTICLE.
  4. DAMAGES TO GOOD FAITH BIDDER. A GOOD  FAITH  BIDDER  MAY  BRING  AN
ACTION  IN THE SUPREME COURT TO RECOVER DAMAGES AND ATTORNEY'S FEES FROM
A POLITICAL SUBDIVISION, WHICH ENGAGES IN A  VIOLATION  OF  SECTION  ONE
HUNDRED  THREE OF THIS ARTICLE. THE COURT SHALL AWARD DAMAGES AND ATTOR-
NEY'S FEES IF THE COURT FINDS THAT THE GOOD FAITH BIDDER WOULD HAVE BEEN
THE LOWEST RESPONSIBLE  BIDDER,  BUT  FOR  THE  POLITICAL  SUBDIVISION'S
VIOLATION  OF  SECTION  ONE  HUNDRED THREE OF THIS ARTICLE. THE COURT IS
AUTHORIZED IN ANY SUCH ACTION TO DECLARE AN ILLEGALLY  AWARDED  CONTRACT
TO BE NULL AND VOID.
  (A)  IF  THE  COMPTROLLER  HAS  ISSUED AN OPINION THAT THE PROCUREMENT
ACTION WOULD BE IN VIOLATION OF SECTION ONE HUNDRED THREE OF THIS  ARTI-
CLE  AND  THE  POLITICAL  SUBDIVISION  HAS THEREAFTER PROCEEDED WITH THE
PROCUREMENT ACTION, THE MEASURE OF DAMAGES SHALL BE THREE TIMES THE GOOD
FAITH BIDDER'S LOST PROFITS.
  (B) IF THE COMPTROLLER HAS NOT ISSUED AN OPINION THAT THE  PROCUREMENT
ACTION  WOULD BE IN VIOLATION OF SECTION ONE HUNDRED THREE OF THIS ARTI-
CLE, THE MEASURE OF DAMAGES SHALL BE THE LESSER OF (I)  THE  GOOD  FAITH
BIDDER'S  LOST  PROFITS AND (II) THE DIFFERENCE BETWEEN THE PRICE OF THE
NULLIFIED CONTRACT AND ANY AMOUNT THAT THE COURT AWARDS  TO  THE  PERSON
WHO PERFORMED ON THE NULLIFIED CONTRACT.
  5.  CIVIL  PENALTY.  ANY  PERSON  WHO SHALL WILFULLY AND INTENTIONALLY
VIOLATE THE COMPETITIVE BIDDING  REQUIREMENTS  OF  SECTION  ONE  HUNDRED
THREE  OF THIS ARTICLE SHALL BE PERSONALLY LIABLE FOR A CIVIL PENALTY OF
NO MORE THAN ONE THOUSAND DOLLARS. IN A PROCEEDING BROUGHT  PURSUANT  TO
THIS SECTION, THE COMPTROLLER'S OPINIONS AND AUDITS MAY BE ADMITTED INTO
EVIDENCE  ON  THE ISSUE OF THE RESPONDENT'S STATE OF MIND, PROVIDED THAT
(A) THE OPINION OR AUDIT WAS ISSUED PRIOR TO THE ALLEGED VIOLATION,  (B)
THE  OPINION  OR  AUDIT  WAS  ISSUED NO MORE THAN TEN YEARS PRIOR TO THE
ALLEGED VIOLATION, AND (C) THE OPINION OR AUDIT CONCERNED THE SAME  KIND
OF ITEM OR SAME KIND OF PRACTICE AS THE ALLEGED VIOLATION.
  6.  COMPLAINT  FEE.  WHENEVER  THE COMPTROLLER ACCEPTS A COMPLAINT FOR
FILING PURSUANT TO THIS  SECTION,  THE  COMPTROLLER  SHALL  REQUIRE  AND
COLLECT A FEE OF ONE HUNDRED DOLLARS, WHICH SHALL BE PAID INTO THE STATE
TREASURY  AND WHICH SHALL, SO FAR AS IS NECESSARY, BE APPROPRIATED ANNU-
ALLY BY THE LEGISLATURE TO THE COMPTROLLER TO BE  USED  IN  IMPLEMENTING
THIS ARTICLE.
  S  3.  Section 103 of the general municipal law is amended by adding a
new subdivision 14 to read as follows:
  14. EXCEPT AS OTHERWISE EXPRESSLY AUTHORIZED BY THIS ARTICLE, A  POLI-
TICAL  SUBDIVISION  MAY NOT REQUIRE THAT BIDS CONFORM TO UNDULY RESTRIC-
TIVE SPECIFICATIONS. ALL  SPECIFICATIONS  SHALL  BE  DRAFTED  SO  AS  TO

S. 3052                             3

PROMOTE  OVERALL  ECONOMY  FOR  THE  PURPOSES  INTENDED AND TO ENCOURAGE
COMPETITION IN SATISFYING THE NEEDS  OF  THE  POLITICAL  SUBDIVISION.  A
BRAND  NAME  MAY  BE  USED  AS A SPECIFICATION ONLY IF THE SPECIFICATION
CLEARLY  STATES THAT THE BRAND NAME OR EQUIVALENT IS ACCEPTABLE. WHERE A
BRAND NAME OR EQUIVALENT SPECIFICATION IS USED IN  A  BID  SOLICITATION,
THE  SOLICITATION  SHALL  CONTAIN EXPLANATORY LANGUAGE THAT THE USE OF A
BRAND NAME IS FOR THE PURPOSE OF DESCRIBING  THE  STANDARD  OF  QUALITY,
PERFORMANCE  AND CHARACTERISTICS DESIRED AND IS NOT INTENDED TO LIMIT OR
RESTRICT COMPETITION. IN  ANY  OPINION,  PROCEEDING  OR  ACTION  BROUGHT
PURSUANT  TO SECTION ONE HUNDRED THREE-G OF THIS ARTICLE, A BID SPECIFI-
CATION DEVELOPED AND PROVIDED BY THE OFFICE OF GENERAL SERVICES SHALL BE
DEEMED VALID.
  S 4. Subdivision 2 of section 103 of the  general  municipal  law,  as
amended  by  section  5  of part X of chapter 62 of the laws of 2003, is
amended to read as follows:
   2. Advertisement for bids shall be published in the official  newspa-
per  or  newspapers,  if  any, or otherwise in a newspaper or newspapers
designated for such purpose. Such advertisement shall contain  a  state-
ment of the time when and place where all bids received pursuant to such
notice  will  be  publicly  opened  and read, and the designation of the
receiving device if the political subdivision or district has authorized
the receipt of bids in an electronic format. Such board or agency may by
resolution designate any officer or employee to open  the  bids  at  the
time  and  place  specified  in  the  notice. Such designee shall make a
record of such bids in such form and detail as the board or agency shall
prescribe and present the same at the next regular or special meeting of
such board or agency. All bids received shall  be  publicly  opened  and
read  at  the  time and place so specified. ALL BIDS RECEIVED AND OPENED
SHALL BE PUBLIC RECORDS AND SHALL BE AVAILABLE FOR PUBLIC INSPECTION AND
COPYING. At least five days shall elapse between the  first  publication
of  such  advertisement  and  the  date so specified for the opening and
reading of bids.
  S 5. Subdivision 2 of section 103 of the  general  municipal  law,  as
amended  by  chapter  296  of  the  laws  of 1958, is amended to read as
follows:
  2. Advertisement for bids shall be published in the official newspaper
or newspapers, if any, or otherwise in a newspaper or newspapers  desig-
nated  for such purpose. Such advertisement shall contain a statement of
the time when and place where all bids received pursuant to such  notice
will be publicly opened and read. Such board or agency may by resolution
designate any officer or employee to open the bids at the time and place
specified  in the notice. Such designee shall make a record of such bids
in such form and detail as the board or agency shall prescribe and pres-
ent the same at the next regular or special meeting  of  such  board  or
agency.  All bids received shall be publicly opened and read at the time
and place so specified. ALL BIDS RECEIVED AND  OPENED  SHALL  BE  PUBLIC
RECORDS  AND  SHALL  BE  AVAILABLE FOR PUBLIC INSPECTION AND COPYING. At
least five days shall elapse  between  the  first  publication  of  such
advertisement  and  the date so specified for the opening and reading of
bids.
  S 6. Subparagraph 1 of paragraph (b) of subdivision 4 of section 35 of
the general municipal law, as amended by chapter  692  of  the  laws  of
1989, is amended to read as follows:
  (1)  Not  later  than  ninety days after presentation to the governing
board of a report of examination performed by the office  of  the  state
comptroller,  or  receipt  by  the  governing  board of any report of an

S. 3052                             4

external audit performed by an  independent  public  accountant  or  any
management letter in conjunction with such an audit, the governing board
may,  in  its  discretion,  provide  to the comptroller, and file in the
office  of the clerk, or with the secretary if there is no clerk, of the
municipal corporation, industrial development agency,  district,  agency
or  activity, a written response to the findings and recommendations, if
any, in the report or letter.  PROVIDED, HOWEVER, THAT IF SUCH REPORT OR
LETTER CONTAINS A FINDING THAT THE COMPETITIVE BIDDING  REQUIREMENTS  OF
SECTION  ONE  HUNDRED THREE OF THIS CHAPTER WERE VIOLATED, THE GOVERNING
BOARD MUST FILE A WRITTEN RESPONSE. In  the  case  of  municipal  corpo-
rations,  industrial  development  agency, districts, agencies or activ-
ities subject to examination by the commissioner of education, any writ-
ten response shall also be provided to such commissioner.
  S 7. The state finance law is amended by adding a new section 164-a to
read as follows:
  S 164-A. PROVIDING BID SPECIFICATIONS TO POLITICAL SUBDIVISIONS.   THE
COMMISSIONER OF GENERAL SERVICES SHALL PROVIDE TO ANY POLITICAL SUBDIVI-
SION,  AT  NO CHARGE, ANY SPECIFICATION THAT THE COMMISSIONER HAS DEVEL-
OPED FOR ITEMS TO BE LET FOR BIDS IN PURCHASE CONTRACTS. THE COMMISSION-
ER MAY DEVELOP ADDITIONAL SPECIFICATIONS AT THE REQUEST OF ANY POLITICAL
SUBDIVISION AND MAY PROVIDE SUCH SPECIFICATIONS TO THE POLITICAL  SUBDI-
VISION AND MAY CHARGE THE POLITICAL SUBDIVISION FOR THE COST OF DEVELOP-
ING SUCH SPECIFICATIONS.
  S  8.  If any clause, sentence, paragraph, section or part of this act
shall be adjudged by any court of competent jurisdiction to be  invalid,
such judgment shall not affect, impair or invalidate the remainder ther-
eof,  but  shall  be  confined in its operation to the clause, sentence,
paragraph, section or part thereof directly involved in the  controversy
in which such judgment shall have been rendered.
  S  9. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law; provided, however, the
amendments to subdivision 2 of section 103 of the general municipal  law
made  by  section  four  of this act shall not affect the expiration and
reversion of such subdivision as provided in subdivision (a) of  section
41  of  part  X of chapter 62 of the laws of 2003, as amended, when upon
such date the provisions of section five of this act shall take effect.

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Senate Bill S3052

Sponsored By

Archive: Last Bill Status - In Senate Committee Local Government Committee

2011-S3052 (ACTIVE) - Details

2011-S3052 (ACTIVE) - Summary

2011-S3052 (ACTIVE) - Sponsor Memo

2011-S3052 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3052

Share this bill

Sponsored By

Carl Kruger

Archive: Last Bill Status - In Senate Committee Local Government Committee

2011-S3052 (ACTIVE) - Details

2011-S3052 (ACTIVE) - Summary

2011-S3052 (ACTIVE) - Sponsor Memo

2011-S3052 (ACTIVE) - Bill Text download pdf

Comments