NY State Senate Bill 2023-S7363A

Senate Bill S7363A

Signed By Governor

2023-2024 Legislative Session

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

download bill text pdf

Current Bill Status - Signed by Governor

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 30, 2023	signed chap.183
Jun 26, 2023	delivered to governor
Jun 05, 2023	returned to senate passed assembly ordered to third reading rules cal.556 substituted for a7445 referred to ways and means delivered to assembly passed senate
May 30, 2023	ordered to third reading cal.1421 committee discharged and committed to rules
May 23, 2023	print number 7363a
May 23, 2023	amend and recommit to procurement and contracts
May 19, 2023	referred to procurement and contracts

Votes

- Jun 5, 2023 - Floor Vote
  S7363A
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 5, 2023
      
      aye (61)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      excused (2)
      
      Cooney
      
      Felder
  May 30, 2023 - Rules Committee Vote
  S7363A
  
  20
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 30, 2023
      
      aye (20)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Helming
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Sepúlveda
      
      Stec
      
      Stewart-Cousins
      
      Thomas
      
      aye wr (1)
      
      Lanza

Bill Amendments

Original

A (Active)

2023-S7363 - Details

See Assembly Version of this Bill:: A7445
Law Section:: General Business
Laws Affected:: Amd Part X §41, Chap 62 of 2003

2023-S7363 - Summary

Extends certain provisions of the general municipal law and the local finance law relating to electronic bidding until June 1, 2028.

2023-S7363 - Sponsor Memo

                                 
BILL NUMBER: S7363

SPONSOR: COONEY
 
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 flexi-
bility to local governments in conducting public sales of bonds and
soliciting bids and offers for purchase contracts by authorizing utili-
zation 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 extend the sunset date to 2023.

 
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 Tech-
nology Law §§ 305(1) and 309), the current law does not allow for elec-
tronic 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 secu-
rity 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 offer-
er, 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.

 
PRIOR LEGISLATIVE HISTORY:

Chapter 70 of the Laws of 2018

Chapter 298 of the Laws of 2013

 
FISCAL IMPACT:

None to the state.
 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, if this act
shall become a law after June 1, 2023, it shall be deemed to have been
in effect on such date.

2023-S7363 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7363
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2023
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Procurement and Contracts
 
 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 70 of the laws of 2018,  is  amended  to  read  as
 follows:
   § 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, [2023] 2028 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.
   § 2. This act shall take effect  immediately;  provided,  however,  if
 this  act  shall  become a law after June 1, 2023, it shall be deemed to
 have been in full force and effect on and after such date.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11594-01-3

2023-S7363A (ACTIVE) - Details

See Assembly Version of this Bill:: A7445
Law Section:: General Business
Laws Affected:: Amd Part X §41, Chap 62 of 2003

2023-S7363A (ACTIVE) - Summary

Extends certain provisions of the general municipal law and the local finance law relating to electronic bidding until June 1, 2028.

2023-S7363A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7363A

SPONSOR: COONEY
 
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 flexi-
bility to local governments in conducting public sales of bonds and
soliciting bids and offers for purchase contracts by authorizing utili-
zation 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 extend the sunset date to 2023.

 
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 Tech-
nology Law §§ 305(1) and 309), the current law does not allow for elec-
tronic 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 secu-
rity 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 offer-
er, 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.

 
PRIOR LEGISLATIVE HISTORY:

Chapter 70 of the Laws of 2018 Chapter 298 of the Laws of 2013

 
FISCAL IMPACT:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, if this act
shall become a law after June 1, 2023, it shall be deemed to have been
in effect on such date.

2023-S7363A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7363--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2023
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Procurement and  Contracts
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee
 
 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 70 of the laws of 2018,  is  amended  to  read  as
 follows:
   § 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, [2023] 2028 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.
   § 2. This act shall take effect immediately; provided,  however,  that
 if  this act shall become a law on or after June 1, 2023, this act shall
 take effect immediately and shall be deemed to have been in  full  force
 and effect on and after such date.

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

                                                            LBD11594-02-3

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