S T A T E O F N E W Y O R K
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7701
I N S E N A T E
February 9, 2018
___________
Introduced by Sen. MARCHIONE -- 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, in relation to intermunicipal
cooperation for the purposes of shared services; and providing for the
repeal of such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 119-u of the general municipal law is renumbered
section 119-z, and five new sections 199-u, 119-v, 119-w, 119-x and
119-y are added to read as follows:
§ 119-U. INTERMUNICIPAL COOPERATION AND SHARED SERVICES PILOT PROGRAM.
1. LEGISLATIVE INTENT. THE LEGISLATURE FINDS AND DETERMINES THAT LOCAL
GOVERNMENTS PROVIDE MANY IMPORTANT AND INDISPENSABLE SERVICES AND
PROGRAMS TO THE PEOPLE OF THE STATE OF NEW YORK. THE LEGISLATURE FURTHER
FINDS AND DETERMINES THAT FREQUENTLY THE PROVISION OF SERVICES AND
PROGRAMS CAN BE MADE MORE AFFORDABLE, EFFICIENT, EFFECTIVE AND CONSTITU-
ENT FRIENDLY BY MEANS OF INTERMUNICIPAL COOPERATION AND/OR THE SHARING
OF SUCH SERVICES AND PROGRAMS. THE LEGISLATURE ADDITIONALLY FINDS AND
DETERMINES, THAT TO FACILITATE SUCH INTERMUNICIPAL COOPERATION AND/OR
THE SHARING OF SUCH SERVICES AND PROGRAMS, WHERE DOING SUCH WOULD MAKE
THE DELIVERY OF SUCH SERVICES AND PROGRAMS MORE AFFORDABLE, EFFICIENT,
EFFECTIVE AND CONSTITUENT FRIENDLY, CHANGES NEED TO BE MADE IN STATE
LAW, TO EXPRESSLY AUTHORIZE THE INTERMUNICIPAL COOPERATION AND/OR THE
SHARING OF SUCH SERVICES. IT SHALL BE THE INTENT OF THIS ARTICLE TO
ESTABLISH A PILOT PROGRAM, TO MAKE SUCH NECESSARY CHANGES IN STATE LAW,
AND TO PROVIDE FOR THE REPORTING OF THE RESULTS OF THESE CHANGES OVER A
DEFINED PERIOD OF TIME.
2. PROGRAM ESTABLISHED. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO
THE CONTRARY, THERE IS HEREBY ESTABLISHED AN INTERMUNICIPAL COOPERATION
AND SHARED SERVICES PILOT PROGRAM. IT SHALL BE THE INTENT OF THIS
PROGRAM TO FACILITATE THE ABILITY OF SHARING ENTITIES TO COOPERATE
AND/OR SHARE SERVICES AND PROGRAMS, SO AS TO DELIVER SUCH SERVICES AND
PROGRAMS IN A MORE AFFORDABLE, EFFICIENT, EFFECTIVE AND CONSTITUENT
FRIENDLY MANNER. THE EXTENT AND LIMITATIONS OF THE AUTHORIZATION OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14707-02-8
S. 7701 2
COOPERATION AND SHARED SERVICES UNDER THIS ARTICLE SHALL BE IN ACCORD-
ANCE WITH SECTION ONE HUNDRED NINETEEN-W OF THIS ARTICLE.
§ 119-V. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
1. "LOCAL GOVERNMENT" SHALL MEAN AND INCLUDE ANY COUNTY, TOWN, CITY OR
VILLAGE, EXCEPT THE CITY OF NEW YORK OR THE COUNTIES CONTAINED THEREIN.
2. "SHARING ENTITY" SHALL MEAN AND INCLUDE ANY LOCAL GOVERNMENT,
SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES, FIRE
DISTRICT, LIBRARY DISTRICT OR SPECIAL DISTRICT, EXCEPT ANY SUCH SHARING
ENTITY INCLUDED OR CONTAINED WITHIN THE CITY OF NEW YORK.
3. "SPECIAL DISTRICT" SHALL MEAN AND INCLUDE ANY DISTRICT CREATED
PURSUANT TO ARTICLE TWELVE OR TWELVE-A OF THE TOWN LAW, OR GOVERNED BY
ARTICLE THIRTEEN OF THE TOWN LAW, OR CREATED PURSUANT TO ARTICLE FIVE-A,
FIVE-B OR FIVE-D OF THE COUNTY LAW, CHAPTER FIVE HUNDRED SIXTEEN OF THE
LAWS OF NINETEEN HUNDRED TWENTY-EIGHT, OR CHAPTER TWO HUNDRED SEVENTY-
THREE OF THE LAWS OF NINETEEN HUNDRED THIRTY-NINE, AND SHALL INCLUDE
TOWN IMPROVEMENTS PROVIDED PURSUANT TO ARTICLES THREE-A AND TWELVE-C OF
THE TOWN LAW, BUT SHALL NOT INCLUDE ANY SPECIAL DISTRICT WITHIN THE CITY
OF NEW YORK OR THE COUNTIES CONTAINED THEREIN.
4. "AUTHORIZED SIGNATORY" SHALL MEAN A PERSON WHO HAS THE LEGAL
AUTHORITY TO SIGN CONTRACTS ON BEHALF OF THE SHARING ENTITY.
5. "GOVERNING BODY" SHALL MEAN A COUNTY LEGISLATURE OR COUNTY BOARD OF
SUPERVISORS FOR A COUNTY; A TOWN BOARD FOR A TOWN; A CITY COUNCIL FOR A
CITY; A VILLAGE BOARD OF TRUSTEES FOR A VILLAGE; THE BOARD OF EDUCATION
FOR A SCHOOL DISTRICT; THE BOARD OF EDUCATION FOR A BOARD OF COOPERATIVE
EDUCATIONAL SERVICES; THE BOARD OF FIRE COMMISSIONERS FOR A FIRE
DISTRICT; THE BOARD OF TRUSTEES FOR A LIBRARY DISTRICT; AND THE BODY OF
PERSONS DESIGNATED BY LAW TO GOVERN THE DISTRICT FOR A SPECIAL DISTRICT;
OR WHERE SUCH BODIES HAVE A DIFFERENT NAME OR STRUCTURE, THE EQUIVALENT
THEREOF.
§ 119-W. COOPERATION AND SHARED SERVICES PROGRAMS. IN ADDITION TO ANY
OTHER AUTHORIZATION FOR INTERMUNICIPAL COOPERATION AND SHARED SERVICES,
CONTAINED IN ANY OTHER PROVISION OF LAW, AND NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY, ANY SHARING ENTITY IS HEREBY EMPOWERED
AND AUTHORIZED TO CONTRACT FOR INTERGOVERNMENTAL COOPERATION AND/OR
SHARED SERVICES, AS FOLLOWS:
1. JURISDICTIONAL LIMITATIONS. FOR PURPOSES OF THIS SUBDIVISION, A
SHARING ENTITY MAY CONTRACT FOR AN INTERMUNICIPAL COOPERATION AND/OR
SHARED SERVICES AGREEMENT WITH ANY OTHER SHARING ENTITY WITHIN THE
FOLLOWING JURISDICTIONAL LIMITATIONS:
A. A COUNTY MAY CONTRACT WITH ANY OTHER ADJOINING COUNTY, OR WITH ANY
OTHER SHARING ENTITY WITHIN THE COUNTY, OR WITH THE AUTHORIZATION OF THE
ADJOINING COUNTY WITH ANY OTHER SHARING ENTITY WITHIN THE ADJOINING
COUNTY.
B. A CITY, TOWN, OR VILLAGE MAY CONTRACT WITH THE COUNTY IN WHICH THEY
RESIDE, OR WITH ANY OTHER SHARING ENTITY WITHIN THE COUNTY, OR WITH THE
AUTHORIZATION OF THE ADJOINING COUNTY WITH ANY OTHER SHARING ENTITY
WITHIN THE ADJOINING COUNTY.
C. A SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES, FIRE
DISTRICT, LIBRARY DISTRICT OR SPECIAL DISTRICT MAY CONTRACT WITH THE
COUNTY IN WHICH THEY RESIDE, OR WITH ANY OTHER SHARING ENTITY WITHIN THE
COUNTY, OR WITH THE AUTHORIZATION OF THE ADJOINING COUNTY WITH ANY OTHER
SHARING ENTITY WITHIN THE ADJOINING COUNTY.
2. AREAS OF COOPERATION AND SHARED SERVICES. FOR PURPOSES OF THIS
SUBDIVISION, AND WITHIN THE JURISDICTIONAL LIMITATIONS PROVIDED FOR BY
SUBDIVISION ONE OF THIS SECTION, A SHARING ENTITY MAY CONTRACT FOR THE
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FOLLOWING TYPES AND AREAS OF INTERMUNICIPAL COOPERATION AND/OR SHARED
SERVICES:
A. TRANSPORTATION MAINTENANCE AND CONSTRUCTION SERVICES, INCLUDING
PAVING; PATCHING; ROADWAY PAINTING; SNOW REMOVAL; ROADWAY BARRIER AND/OR
GUIDERAIL CONSTRUCTION, REPAIR AND/OR INSTALLATION; BRIDGE AND/OR TUNNEL
MAINTENANCE, REPAIR, AND/OR CONSTRUCTION; OR ANY OTHER TRANSPORTATION
MAINTENANCE AND CONSTRUCTION SERVICES WHICH HAVE CUSTOMARILY BEEN
PROVIDED BY THE SHARING ENTITY.
B. WATER, SANITARY SEWER AND STORM SEWER SYSTEM MAINTENANCE AND
CONSTRUCTION SERVICES, INCLUDING REPAIR, CONSTRUCTION AND MAINTENANCE OF
PIPES, CULVERTS, AQUEDUCTS, AND/OR ANY OTHER WATER, SANITARY SEWER OR
STORM SEWER INFRASTRUCTURE; OR ANY OTHER WATER, SANITARY SEWER OR STORM
SEWER MAINTENANCE AND CONSTRUCTION SERVICES WHICH HAVE CUSTOMARILY BEEN
PROVIDED BY THE SHARING ENTITY.
C. GOVERNMENTAL ADMINISTRATIVE SERVICES, INCLUDING JOINT PURCHASING;
JOINT LEGAL SERVICES; JOINT ACCOUNTING SERVICES; JOINT RECORD MANAGEMENT
SERVICES; JOINT INFORMATION TECHNOLOGY, TELECOMMUNICATION, NETWORK AND
CYBER SECURITY SERVICES; JOINT PAYROLL SERVICES; JOINT PERSONNEL TRAIN-
ING, BENEFIT AND ADMINISTRATION SERVICES, INCLUDING THE ESTABLISHMENT OF
JOINT HEALTH INSURANCE CONSORTIUMS, ESTABLISHED IN ACCORDANCE WITH THE
PROVISIONS OF ARTICLE FORTY-SEVEN OF THE INSURANCE LAW; AND ANY OTHER
GOVERNMENTAL ADMINISTRATIVE SERVICES WHICH HAVE CUSTOMARILY BEEN
PROVIDED BY THE SHARING ENTITY.
D. JUSTICE SERVICES, INCLUDING MERGED OR SHARED TOWN JUSTICE COURTS;
JOINT ARRAIGNMENT AGREEMENTS; JOINT PRISONER TRANSPORTATION AGREEMENTS;
MERGED OR SHARED COUNTY JAIL OR JUVENILE DETENTION FACILITY AGREEMENTS;
OR MERGED OR SHARED E-911 DISPATCH SERVICES.
E. TAX COLLECTION AND ASSESSMENT SERVICES, INCLUDING MERGED OR SHARED
RECEIVERS OF TAXES; OR MERGED OR SHARED ASSESSORS, OR OTHER ASSESSMENT
EVALUATION AND/OR MANAGEMENT SERVICES.
F. PLANNING SERVICES, INCLUDING JOINT OR REGIONAL PLANNING SERVICES.
G. ENVIRONMENTAL SERVICES, INCLUDING MERGED OR SHARED SOLID WASTE
COLLECTION, TRANSPORT, DISPOSAL, INCINERATION, OR LANDFILL SERVICES; AND
ANY OTHER ENVIRONMENTAL SERVICES WHICH HAVE CUSTOMARILY BEEN PROVIDED BY
THE SHARING ENTITY.
H. RECREATIONAL SERVICES, INCLUDING RECREATIONAL FACILITY
CONSTRUCTION, MAINTENANCE AND/OR OPERATION AND PROGRAMS RELATED TO SUCH
FACILITIES; PLAYGROUND AND ATHLETIC FIELD CONSTRUCTION, MAINTENANCE
AND/OR OPERATION; WATERFRONT, PARK, BEACH OR POOL CONSTRUCTION, MAINTE-
NANCE AND/OR OPERATION, OR PROGRAMS RELATED TO SUCH WATERFRONTS, PARKS,
BEACHES OR POOLS; SPORTS OR ARENA FACILITY CONSTRUCTION, MAINTENANCE
AND/OR OPERATION, OR PROGRAMS RELATED TO SUCH SPORTS OR ARENA FACILI-
TIES; AND ANY OTHER RECREATIONAL SERVICES WHICH HAVE CUSTOMARILY BEEN
PROVIDED BY THE SHARING ENTITY.
I. BUILDINGS AND GROUNDS SERVICES, INCLUDING JOINT BUILDING AND
GROUNDS SERVICES TO PROVIDE CONSTRUCTION, MAINTENANCE, AND OPERATION OF
GOVERNMENTAL BUILDINGS, INCLUDING PAINTING, REPAIR, CONSTRUCTION, REMOD-
ELING, DESIGN, REDESIGN, AND RESTORATION OF FACILITIES AND GROUNDS;
JOINT LAWN CARE, GARDENING, AND LANDSCAPING SERVICES; AND ANY OTHER
BUILDING AND GROUNDS SERVICES WHICH HAVE CUSTOMARILY BEEN PROVIDED BY
THE SHARING ENTITY.
3. PROCEDURE. A. TO ESTABLISH AN INTERMUNICIPAL COOPERATION OR SHARED
SERVICES AGREEMENT IN ACCORDANCE WITH THIS ARTICLE, AN AUTHORIZED SIGNA-
TORY OF EVERY SHARING ENTITY PARTICIPATING IN THE AGREEMENT, MUST SIGN A
WRITTEN AGREEMENT DETAILING:
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(I) THE AREA OR AREAS OF INTERMUNICIPAL COOPERATION OR SHARED SERVICES
TO BE PERFORMED IN THE AGREEMENT;
(II) THE TERMS, DURATION AND DESIGNATED RESPONSIBILITIES OF THE INTER-
MUNICIPAL COOPERATION OR SHARED SERVICES TO BE PERFORMED IN THE AGREE-
MENT; AND
(III) THE AMOUNT, AND DESIGNATION OF THE PARTIES FOR, ANY FINANCIAL
RESPONSIBILITY OF THE INTERMUNICIPAL COOPERATION OR SHARED SERVICES TO
BE PERFORMED IN THE AGREEMENT.
B. NO INTERMUNICIPAL COOPERATION OR SHARED SERVICES AGREEMENT, AUTHOR-
IZED AND EMPOWERED UNDER THIS ARTICLE, SHALL TAKE EFFECT UNLESS:
(I) THE WRITTEN AGREEMENT IS SIGNED BY AN AUTHORIZED SIGNATORY OF
EVERY SHARING ENTITY PARTICIPATING IN THE AGREEMENT;
(II) THE SIGNED, WRITTEN AGREEMENT HAS BEEN APPROVED IN WRITTEN RESOL-
UTION, ADOPTED BY A MAJORITY VOTE OF THE GOVERNING BODY OF EVERY SHARING
ENTITY PARTICIPATING IN THE AGREEMENT; AND
(III) THE GOVERNING BODY OF EVERY SHARING ENTITY PARTICIPATING IN THE
AGREEMENT, HAS HELD A PUBLIC HEARING PRIOR TO ITS VOTE TO APPROVE THE
WRITTEN RESOLUTION, REQUIRED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH.
C. OTHER THAN THE REQUIREMENTS PROVIDED IN THIS ARTICLE, AND OTHER
THAN THE REQUIREMENTS PROVIDED IN THE WRITTEN AGREEMENT DETAILING THE
INTERMUNICIPAL COOPERATION OR SHARED SERVICES AGREEMENT ITSELF, NO SHAR-
ING ENTITY SHALL BE REQUIRED TO TAKE ANY ADDITIONAL ACTION TO ESTABLISH
AN INTERMUNICIPAL COOPERATION OR SHARED SERVICES AGREEMENT, ESTABLISHED
PURSUANT TO, AND AUTHORIZED AND EMPOWERED BY, THE PROVISIONS OF THIS
ARTICLE. ACCORDINGLY, ANY INTERMUNICIPAL COOPERATION OR SHARED SERVICES
AGREEMENT, ESTABLISHED PURSUANT TO, AND AUTHORIZED OR EMPOWERED BY, THIS
ARTICLE SHALL NOT REQUIRE ANY REFERENDUM BY THE VOTERS OF THE SHARING
ENTITY OR ANY FURTHER ACTION OF THE STATE LEGISLATURE, IN ORDER TO RATI-
FY OR OTHERWISE MAKE EFFECTIVE OR APPROVE THE INTERMUNICIPAL COOPERATION
OR SHARED SERVICES AGREEMENT.
4. SCHOOL DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES
PARTICIPATION IN AN INTERMUNICIPAL COOPERATION AND/OR SHARED SERVICES
AGREEMENT UNDER THE INTERMUNICIPAL COOPERATION AND SHARED SERVICES PILOT
PROGRAM. NOTWITHSTANDING ANY PROVISION OF THE EDUCATION LAW, OR ANY
OTHER PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, ANY SCHOOL
DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY PARTICIPATE IN
AN INTERMUNICIPAL COOPERATION AND/OR SHARED SERVICES AGREEMENT ESTAB-
LISHED PURSUANT TO THE PROVISIONS OF THIS ARTICLE.
§ 119-X. STATE ASSISTANCE. THE DEPARTMENT OF STATE, DEPARTMENT OF
TAXATION AND FINANCE, DEPARTMENT OF AUDIT AND CONTROL, DEPARTMENT OF
LAW, DEPARTMENT OF ENVIRONMENTAL CONSERVATION, AND ANY OTHER STATE
DEPARTMENT, DIVISION, OFFICE, AGENCY OR PUBLIC AUTHORITY, SHALL RESPOND
TO REQUESTS FOR ASSISTANCE FROM ANY SHARING ENTITY WITH RESPECT TO SUCH
ENTITY'S EFFORTS TO COOPERATE AND/OR SHARE SERVICES AND PROGRAMS, IN
ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
§ 119-Y. REPORTS. EACH SHARING ENTITY THAT FORMALIZES A LEGAL AGREE-
MENT TO COOPERATE WITH ANOTHER SHARING ENTITY, OR THAT SHARES ANY
SERVICE WITH ANOTHER SHARING ENTITY, IN ACCORDANCE WITH THE PROVISIONS
OF THIS ARTICLE, SHALL MAKE A REPORT TO THE SECRETARY OF STATE, IN THE
FORM AND MANNER, AND WITHIN THE TIME, PROVIDED BY THE SECRETARY OF
STATE. SUCH REPORT SHALL DETAIL THE TERMS, BENEFITS, DURATION, AND
SAVINGS RESULTING FROM SUCH COOPERATION OR SHARED SERVICE. THE SECRE-
TARY OF STATE SHALL ANNUALLY MAKE A REPORT TO THE GOVERNOR, THE TEMPO-
RARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY, ON OR
BEFORE THE FIRST DAY OF JANUARY, DETAILING ALL THE COOPERATION AND
SHARED SERVICES ACTIVITIES OF SHARING ENTITIES UNDER THE INTERMUNICIPAL
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COOPERATION AND SHARED SERVICES PILOT PROGRAM, WHICH OCCURRED AND WERE
REPORTED TO THE SECRETARY OF STATE, DURING THE PREVIOUS YEAR, PURSUANT
TO THIS ARTICLE.
§ 2. This act shall take effect January 1, 2019, and shall expire and
be deemed repealed January 1, 2024; provided, however that any agreement
entered into by sharing entities pursuant to this act shall remain in
full force and effect after such expiration and repeal.