senate Bill S5559

Signed By Governor
2013-2014 Legislative Session

Extends certain provisions of the general municipal law and the local finance law relating to electronic bidding

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Archive: Last Bill Status - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 31, 2013 signed chap.298
Jul 19, 2013 delivered to governor
Jun 10, 2013 returned to senate
passed assembly
ordered to third reading cal.502
substituted for a7212
May 30, 2013 referred to ways and means
delivered to assembly
passed senate
May 29, 2013 ordered to third reading cal.816
committee discharged and committed to rules
May 21, 2013 referred to local government

Votes

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S5559 - Bill Details

See Assembly Version of this Bill:
A7212
Law Section:
General Municipal
Laws Affected:
Amd Part X §41, Chap 62 of 2003

S5559 - Bill Texts

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Extends certain provisions of the general municipal law and the local finance law relating to electronic bidding.

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BILL NUMBER:S5559

TITLE OF BILL: An act to amend part X of chapter 62 of the laws of
2003 amending the general business law and other laws generally
relating to implementing the state fiscal plan for the 2003-2004 state
fiscal year, in relation to extending certain provisions of the
general municipal law and the local finance law relating to electronic
bidding

PURPOSE:

To extend the expiration date of the law relating to electronic
bidding (Part X of Chapter 62 of the Laws of 2003) which allows
greater flexibility to local governments in conducting public sales of
bonds and soliciting bids and offers for purchase contracts by
authorizing utilization of current technology to accept bids and
offers submitted in an electronic format.

SUMMARY OF PROVISIONS:

This bill would amend Paragraph (a) of Section 41 of Chapter 62 of the
Laws of 2003 amending the general business law and other laws
generally relating to implementing the state fiscal plan for the
2003-2004 state fiscal year to delete the year of expiration of the
act as "2013" and extend the date to 2018.

PRIOR LEGISLATIVE HISTORY:

New bill; law was previously extended from 2008 to 2013 by Chapter 134
of the Laws of 2008.

JUSTIFICATION:

General Municipal Law § 103 and Local Finance Law § 58.00 presently
authorize local governments to accept bids and offers for purchase
contracts, and bids for public sales of bonds, in electronic format.
Consistent with the Electronic Signatures and Records Act (State
Technology Law §§ 305(1) and 309), the current law does not allow for
electronic bids or offers to the exclusion of accepting paper bids or
offers, except for technology contract under General Municipal Law
103(1). It also contains safeguards, including requiring that any
method used to receive electronic bids or offers at a minimum, ensure
the security of the information transmitted, authenticate the identity
of the sender and ensure the confidentiality of the bids or offers
prior to opening. In addition, current law provides that the timely
submission of an electronic bid or offer is the responsibility of the
bidder or offerer, and that the local government shall not incur any
liability from delays of or interruption in the receiving device
designated by the local government.

The current grant of authority has provided a useful option to local
governments, and in the case of bond sales, represents the industry
standard. These provisions warrant extension.

The State Comptroller urges the passage of this proposed legislation.

FISCAL IMPLICATIONS FOR STATE:


This bill has no significant State fiscal impact.

EFFECTIVE DATE:

This act shall take effect immediately; provided, however, if this act
shall become a law after June 1, 2013, it shall be deemed to have been
in effect on such date.

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

                                  5559

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 21, 2013
                               ___________

Introduced  by  Sen. MARTINS -- (at request of the State Comptroller) --
  read twice and ordered printed, and when printed to  be  committed  to
  the Committee on Local Government

AN  ACT  to  amend part X of chapter 62 of the laws of 2003 amending the
  general business law and other laws generally relating to implementing
  the state fiscal plan for the 2003-2004 state fiscal year, in relation
  to extending certain provisions of the general municipal law  and  the
  local finance law relating to electronic bidding

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

  Section 1. Section 41 of part X of chapter 62  of  the  laws  of  2003
amending  the  general business law and other laws generally relating to
implementing the state fiscal plan for the 2003-2004 state fiscal  year,
as  amended  by  chapter  134 of the laws of 2008, is amended to read as
follows:
  S 41. This act shall take effect immediately; provided, however,
  (a) that sections four, five, six, seven, eight and nine of  this  act
shall  expire  June 1, [2013] 2018 when upon such date the provisions of
such sections shall be deemed repealed;
  (b) section thirty-nine of this act shall be deemed to  have  been  in
full  force  and  effect  on  and after April 1, 2003; provided that the
provisions of subdivision 9 of section 54 of the state finance  law,  as
added  by  section  thirty-nine  of this act, shall expire and be deemed
repealed at the close of the state fiscal year ending on March 31, 2004;
and
  (c) section forty of this act shall be deemed to  have  been  in  full
force and effect on and after April 1, 2003.
  S  2.  This  act  shall take effect immediately; provided, however, if
this act shall become a law after June 1, 2013, it shall  be  deemed  to
have been in effect on and after such date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10655-02-3

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