NY State Senate Bill 2019-S612

Senate Bill S612

2019-2020 Legislative Session

Provides that public contracts shall be open for use by municipalities not originally party to such agreements unless such agreements expressly state otherwise

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to local government
Jan 09, 2019	referred to local government

2019-S612 (ACTIVE) - Details

Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Amd §103, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S1652
2017-2018: S597
2021-2022: S6114

2019-S612 (ACTIVE) - Summary

Provides that public contracts shall be open for use by municipalities not originally party to such agreements unless such agreements expressly state otherwise.

2019-S612 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S612

SPONSOR: BOYLE
 
TITLE OF BILL:  An act to amend the general municipal law, in relation
to the letting of municipal contracts

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill will allow municipalities to piggyback onto public contracts
for goods and services unless such contract states otherwise.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Provides that public contracts shall be open for use by muni-
cipalities not originally party to such agreements unless such agree-
ments expressly state otherwise

Section 2. Effective Date

 
JUSTIFICATION:

Current General Municipal Law Section 103 (16) authorizes any county,
municipality, school district or other municipal entity to purchase
goods or contract services through the use of other competitively bid
cooperative contracts or purchase agreements by other municipal enti-
ties. In order for municipalities to take advantage of this, the
contract needs to include a specific provision which would allow the
contract to be "open." Contracts are not open to cooperative purchasing
unless explicitly written into the original contract. This bill will
automatically require all municipal procurement contracts to be open to
other municipalities to "piggyback" onto.

This legislation will ease the ability of municipalities to make joint
purchases amongst various taxing jurisdictions. Towns seeking services
or goods will be able to ask other neighboring municipal entities to
join them in purchasing a "bulk" amount. Cooperative purchasing of
products and services will ultimately lower the cost per item or
service.

 
PRIOR LEGISLATIVE HISTORY:

01/13/15 REFERRED TO LOCAL GOVERNMENT:

01/06/16 REFERRED TO LOCAL GOVERNMENT:

01/03/18 REFERRED TO LOCAL GOVERNMENT:

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Immediately

2019-S612 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    612
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen.  BOYLE  -- 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 the letting of
   municipal contracts

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 16 of section 103 of the general municipal law,
 as  amended  by  chapter  497 of the laws of 2013, is amended to read as
 follows:
   16. (A) Notwithstanding the provisions of subdivisions  one,  two  and
 three of this section, and section one hundred four of this article, any
 officer,  board  or agency of a political subdivision or of any district
 therein authorized to make purchases of apparatus, materials,  equipment
 or  supplies,  or  to contract for services related to the installation,
 maintenance or repair of apparatus, materials, equipment, and  supplies,
 may  make  such  purchases, or may contract for such services related to
 the installation, maintenance or repair of apparatus, materials,  equip-
 ment,  and supplies, as may be required by such political subdivision or
 district therein through the use of a contract let by the United  States
 of  America  or  any  agency  thereof,  any state or any other political
 subdivision or district therein if such contract was let to  the  lowest
 responsible  bidder or on the basis of best value in a manner consistent
 with this section and made available for use by other governmental enti-
 ties; provided, however, that no political subdivision or district ther-
 ein, other than a city with a population of one million or more inhabit-
 ants or any district, board  or  agency  with  jurisdiction  exclusively
 therein,  may  make such purchases or contract for such services through
 the use of such a contract let on the basis of best value  in  a  manner
 consistent  with  this  section  unless  the  political  subdivision  or
 district shall first adopt a local law, rule, regulation or  resolution,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD04337-01-9

 S. 612                              2
 
 as the case may be, pursuant to subdivision one of this section, author-
 izing the use of best value for awarding purchase contracts.
   (B)  IN THE ABSENCE OF A PROVISION EXPRESSLY STATING THE CONTRARY, THE
 AUTHORIZATION GRANTED IN PARAGRAPH (A)  OF  THIS  SUBDIVISION  SHALL  BE
 DEEMED  TO  APPLY  TO  MUNICIPAL CONTRACTS ENTERED INTO PURSUANT TO THIS
 ARTICLE.
   (C) The authority provided to  political  subdivisions  and  districts
 therein pursuant to this subdivision shall not relieve any obligation of
 such political subdivision or district therein to comply with any appli-
 cable  minority and women-owned business enterprise program mandates and
 the preferred source requirements of section one  hundred  sixty-two  of
 the state finance law.
   §  2.  This  act  shall take effect immediately and apply to municipal
 contracts entered into on or after such effective date; provided, howev-
 er, that the amendments to subdivision 16 of section 103 of the  general
 municipal  law  made  by  section  one  of this act shall not affect the
 repeal of such subdivision and shall be deemed to be repealed therewith.

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