S T A T E O F N E W Y O R K
________________________________________________________________________
1387
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. SCHIMEL, GALEF, BRADLEY, SPANO, SCHIMMINGER,
DelMONTE, GUNTHER, JAFFEE, ZEBROWSKI, MOLINARO, KOLB, WALKER --
Multi-Sponsored by -- M. of A. BRENNAN, CONTE, CROUCH, FINCH, GABRYS-
ZAK, GIGLIO, HOOPER, KELLNER, McKEVITT, MILLER, REILLY, ROBINSON,
THIELE, WEISENBERG -- read once and referred to the Committee on Local
Governments
AN ACT to amend the general municipal law, in relation to creating an
exception to the competitive bidding process for certain purchases and
contracts by political subdivisions, districts and local authorities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 103 of the general municipal law,
as amended by chapter 343 of the laws of 2007, is amended to read as
follows:
3. (A) Notwithstanding the provisions of subdivision one of this
section, any officer, board or agency of a political subdivision or of
any district [therein] LOCATED WITHIN SUCH POLITICAL SUBDIVISION OR ANY
LOCAL AUTHORITY THAT IS authorized to make purchases of materials,
equipment or supplies, or to contract for services, may make such
purchases, or may contract for services, other than services subject to
article eight or nine of the labor law, when available, through (I) the
county in which the political subdivision [or], district [is located or
through] OR LOCAL AUTHORITY IS LOCATED, SUBJECT TO THE RULES ESTABLISHED
PURSUANT TO SUBDIVISION TWO OF SECTION FOUR HUNDRED EIGHT-A OF THE COUN-
TY LAW; (II) ANY POLITICAL SUBDIVISION, DISTRICT OR LOCAL AUTHORITY
LOCATED WITHIN SUCH COUNTY, SUBJECT TO THE RULES ESTABLISHED IN PARA-
GRAPH (C) OF THIS SUBDIVISION; OR (III) any county within the state
subject to the rules established pursuant to subdivision two of section
four hundred eight-a of the county law; provided that the political
subdivision [or], district OR LOCAL AUTHORITY for which such officer,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04351-01-9
A. 1387 2
board or agency acts shall accept sole responsibility for any payment
due the vendor or contractor. All purchases and all contracts for such
services shall be subject to audit and inspection by the political
subdivision [or], district OR LOCAL AUTHORITY for which made. Prior to
making such purchases or contracts the officer, board or agency shall
consider whether such contracts will result in cost savings after all
factors, including charges for service, material, and delivery, have
been considered.
(B) No officer, board or agency of a political subdivision or of any
district therein OR OF ANY LOCAL AUTHORITY shall make any purchase or
contract for any such services through [the county in which the poli-
tical subdivision or district is located or through any county within
the state when] ANY COUNTY, POLITICAL SUBDIVISION, DISTRICT OR LOCAL
AUTHORITY DESCRIBED IN SUBPARAGRAPH (I), (II) OR (III) OF PARAGRAPH (A)
OF THIS SUBDIVISION, IF bids have been received for such purchase or
such services by such officer, board or agency, unless such purchase may
be made or the contract for such services may be entered into upon the
same terms, conditions and specifications at a lower price through [the]
SUCH county, POLITICAL SUBDIVISION, DISTRICT OR LOCAL AUTHORITY, AS
APPLICABLE.
(C) THE GOVERNING BOARD OF ANY POLITICAL SUBDIVISION, OR OF ANY
DISTRICT THEREIN, OR OF ANY LOCAL AUTHORITY, MAY INCLUDE, IN ANY
PURCHASE CONTRACT OR ANY CONTRACT FOR SERVICES, OTHER THAN SERVICES
SUBJECT TO ARTICLE EIGHT OR NINE OF THE LABOR LAW, THAT IT INTENDS TO
AWARD AFTER ADVERTISEMENT FOR BIDS TO THE LOWEST RESPONSIBLE BIDDER, A
PROVISION WHEREBY PURCHASES MAY BE MADE OR SUCH SERVICES MAY BE OBTAINED
UNDER SUCH CONTRACT BY ANY POLITICAL SUBDIVISION, DISTRICT OR LOCAL
AUTHORITY THAT IS LOCATED WITHIN THE SAME COUNTY AS THE POLITICAL SUBDI-
VISION, DISTRICT OR LOCAL AUTHORITY THAT AWARDS SUCH CONTRACT. IN SUCH
EVENT, THE GOVERNING BOARD SHALL ADOPT RULES PRESCRIBING THE CONDITIONS
UNDER WHICH, AND THE MANNER IN WHICH, SUCH PURCHASES MAY BE MADE OR SUCH
SERVICES MAY BE OBTAINED BY POLITICAL SUBDIVISIONS, DISTRICTS OR LOCAL
AUTHORITIES LOCATED IN THE SAME COUNTY.
S 2. Section 100 of the general municipal law is amended by adding a
new subdivision 4 to read as follows:
4. "LOCAL AUTHORITY" MEANS:
A. A PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION CREATED BY OR
EXISTING UNDER THE PUBLIC AUTHORITIES LAW OR ANY OTHER LAW OF THE STATE
OF NEW YORK WHOSE MEMBERS DO NOT HOLD A CIVIL OFFICE OF THE STATE, ARE
NOT APPOINTED BY THE GOVERNOR OR ARE APPOINTED BY THE GOVERNOR SPECIF-
ICALLY UPON THE RECOMMENDATION OF THE LOCAL GOVERNMENT OR GOVERNMENTS;
B. A NOT-FOR-PROFIT CORPORATION AFFILIATED WITH, SPONSORED BY, OR
CREATED BY A COUNTY, CITY, TOWN OR VILLAGE GOVERNMENT;
C. A LOCAL INDUSTRIAL DEVELOPMENTAL AGENCY OR AUTHORITY OR OTHER LOCAL
PUBLIC BENEFIT CORPORATION; OR
D. AN AFFILIATE OF SUCH LOCAL AUTHORITY.
S 3. This act shall take effect immediately.