NY State Senate Bill 2021-S5348

Senate Bill S5348

2021-2022 Legislative Session

Authorizes municipalities to contract for services through contracts let by any other governmental entity

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2022	committed to rules
May 11, 2022	advanced to third reading
May 10, 2022	2nd report cal.
May 09, 2022	1st report cal.1150
Jan 05, 2022	referred to procurement and contracts
Mar 02, 2021	referred to procurement and contracts

Votes

- May 9, 2022 - Procurement And Contracts Committee Vote
  S5348
  
  6
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Procurement And Contracts Committee Vote: May 9, 2022
      
      aye (6)
      
      Borrello
      
      Cooney
      
      Jordan
      
      Kaplan
      
      Reichlin-Melnick
      
      Sanders Jr.
      
      aye wr (1)
      
      Comrie

2021-S5348 (ACTIVE) - Details

See Assembly Version of this Bill:: A4747
Current Committee:: Senate Rules
Law Section:: General Municipal Law
Laws Affected:: Amd §103, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6520, A9138
2015-2016: S1682, A5537
2017-2018: S2948, A1388
2019-2020: S6404, A6755
2023-2024: S499, A1525

2021-S5348 (ACTIVE) - Summary

Authorizes municipalities to contract for services through contracts let by any other governmental entity.

2021-S5348 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5348

SPONSOR: STEC
 
TITLE OF BILL:

An act to amend the general municipal law, in relation to authorizing
municipalities to contract for services through any other governmental
entity

 
PURPOSE:

Authorizes municipalities and districts to contract for services jointly
with federal and any state or other municipality.

 
SUMMARY OF PROVISIONS:

Section 1 - Amends chapter 497 of the laws of 2013 to allow for munici-
palities and districts to contract for services jointly with federal and
any state or other municipality.

Section 2 - Contains the effective date

 
JUSTIFICATION:

Cooperative purchasing, also commonly referred to as piggy-backing, is a
procurement method whereby if a government agency has already gone
through the procurement process and awarded a contract to one or more
vendors for a particular product or service, the contract can be
utilized by other government agencies on the same terms and conditions.
Piggy-backing has been proven to reduce administrative and product cost,
increase efficiencies and stretch shrinking budgets during difficult
times.

Forty-eight states have either explicitly authorized cooperative
purchasing or they have enacted a general joint powers statute or inter-
governmental cooperation law that permits local public agencies to
purchase from cooperative contracts that were solicited by another
public agency.

New York authorizes cooperative purchasing between New York's locals
governments and the federal, state or local governments elsewhere in the
United States for goods but does not include provisions for cooperative
purchasing for service. This bill would amend the General Municipal Law
to allow for such cooperative purchasing.

 
LEGISLATIVE HISTORY:

S.6404/A6755 of 2020-2019 Senate & Assembly Local Governments.

S.2948/A.1388 of 2018 - 2017 Senate & Assembly Local Governments.

S.1682/A.5537 of 2016 - 2015 Passed Senate & Assembly Local Governments.

 
FISCAL IMPLICATIONS:

This legislation would provide savings to municipalities through expand-
ing access to cooperative purchasing of services.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, 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 repealed therewith

2021-S5348 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5348
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 2, 2021
                                ___________
 
 Introduced  by  Sen.  STEC  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Procurement and Contracts
 
 AN ACT to amend the general municipal law, in  relation  to  authorizing
   municipalities to contract for services through any other governmental
   entity

   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.  Notwithstanding the provisions of subdivisions one, two and three
 of this section, and section one hundred four of this article, any offi-
 cer, board or agency of a political subdivision or of any district ther-
 ein authorized to make purchases of apparatus, materials,  equipment  or
 supplies, or to contract for services related to the installation, main-
 tenance  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,  equipment,
 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.

                                                            LBD06863-01-1

 S. 5348                             2
 
 as the case may be, pursuant to subdivision one of this section, author-
 izing the use of best value for awarding purchase contracts.
   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  applicable
 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; provided, that the amend-
 ments  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 repealed therewith.

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