Bill S5559-2013

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

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

Details

Actions

  • Jul 31, 2013: SIGNED CHAP.298
  • Jul 19, 2013: DELIVERED TO GOVERNOR
  • Jun 10, 2013: returned to senate
  • Jun 10, 2013: passed assembly
  • Jun 10, 2013: ordered to third reading cal.502
  • Jun 10, 2013: substituted for a7212
  • May 30, 2013: referred to ways and means
  • May 30, 2013: DELIVERED TO ASSEMBLY
  • May 30, 2013: PASSED SENATE
  • May 29, 2013: ORDERED TO THIRD READING CAL.816
  • May 29, 2013: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • May 21, 2013: REFERRED TO LOCAL GOVERNMENT

Meetings

Votes

Memo

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 5559 2013-2014 Regular Sessions IN SENATE 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.

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